HomeMy WebLinkAbout- CONTRACT - BID - 5557 METER BOX INSTALLATIONI
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METER BOX Ks, irALLATION
BID NO. 5,557
City of Fort Collins
lu BID OPENING:
PURCHASING DIVISION
256 WEST MOUNTAIN AVENUE, FORT COLLINS
NOVEMBER 7, 2000 - 3:OOP.M. (Our Clock)
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indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work
j 5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
i"ssued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
to the Engineer. Questions regarding submittal of bids should be directed
to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer
5 4. Addenda will be mailed or delivered to all parties :recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be
i"n the form of a certified or bank cashier's check payable to OWNER or a
Bid Bond on the form enclosed herewith The Bid Bond must be executed by
a surety meeting the requirements of the General Conditions for surety
bonds.
6.2. The Bid Security of the successful Bidder wiLl be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon Bid Security will be returned If the successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days of the Notice of Award, OWNER may annul
the Notice of Award and the Bid Security of that Bidder will be forfeited.
The Bid Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the earlier of
the seventh day after the effective date of the Agreement or the thirty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
f.R
7/96 Section 00100 Page 3
CONTRACTOR at any time may notify OWNER and
ENGNEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
partof the Work Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the I Work to determine its status of completion If
ENGINEER does not consider that part of the Work to
be (substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor If ENGINEER considers that part of
the IWork to be substantially complete, the provisions
of paragraphs 14 8 and 14 9 will apply with respect to
certification of Substantial Completion of that part of
the) Work and the division of responsibility in respect
thereof and access thereto
14 10 2 No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5 15 in respect of
nropertv insurance
Final
14 11 jUpon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that tile Work is incomplete or defective CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies
Final Application far Payment:
1412 JAfter CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5 4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6 19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments The final Application for
Payment shall be accompanied (except as previously
delivered) by (I) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5 4 13,
(it) consent of the surety, if any, to final payment, and
(m) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that (I) the releases and
recespte include all labor, services, material and equipment
for which a Lien could be filed, and (n)all payrolls,
material and equipment bills, and other mdebtedness
connected with the Work for which OWNER or OWNER's
properly might in any way be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fads
E1CDC iGENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases or waivers of (lens and the consent of
the suretv to finalize pavment are to be submitted on
forms conformine to the format of the OWNER'S standard
forms bound in the Proiect manual I
Final Payment and 4cceptance:
14 13 If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGNEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled. ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGNEER's recommendation of payment and present
the Application to OWNER for payment At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14 15 Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application) and accompanying
documentation, in appropriate form and substance and
with ENGNEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be ipaid by OWNER to
CONTRACTOR subject to paragraph 1762 of these
General Conditions
14 14 If, through no fault of CONTR-ACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted If the
remaining balance to be held by ,OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5 1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims
Waiver of Claims:
l4 15 The snaking and acceptance of final payment will
constitute
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14 15 1 a waiver of all clairns by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
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final inspection pursuant to paragraph 14 11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents, and
14 15 2 A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
151 At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed CONTRACTOR shall
resume the Work on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles I 1 and 12
OWNER May Terminate:
15 2 Upon the occurrence of any one or more of the
following events
15 2 1 if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2 9 as adjusted from time to time
pursuant to paragraph 6 6),
15 2 2 if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction,
15 2 3 if CONTRACTOR disregards the authority of
ENGINEER, or
15 2 4 if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edmon)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be entitled to receive anv
further payment until the Work is finished If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR if such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed
15 3 Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability
154 Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER elect to terminate the Agreement In
such case, CONTRACTOR shall be paid (without
duplication of any items)
15 4 1 for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work,
15 4 2 for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses,
15 4 3 for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others, and
15 4 4 for reasonable expenses directly attributable
to termination
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR May Stop Work or Terminate:
15 5 If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
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Ily determined to be due, then CONTRACTOR
)n seven days' written notice to OWNER and
ER, and provided OWNER or ENGINEER do not
such suspension or failure within that time,
the Agreement and recover from OWNER
on the same terms as provided in paragraph 15 4
'terminating the Agreement and without prejudice
her right or remedy, if ENGINEER has failed to
Application for Payment within thirty days after it
ted, or OWNER has failed for thirty days to pay
kCTOR any sum finally determined to be due,
kCTOR may upon seven days' written notice to
and ENGINEER stop the Work until payment of
amounts due CONTRACTOR, including interest
The provisions of this paragraph 15 5 are not
to preclude CONTRACTOR from making claim
ticles 11 and 12 for an increase in Contract Price
act Times or otherwise for expenses or damage
ttributable to CONTRACTOR's stopping Work as
by this paragraph
16--DISPUTE RESOLUTION
J the extent that OWNER and CONTRACTOR
Ted on the method and procedure for resolving
between them that may arise under this
ent, such dispute resolution method and procedure,
shall be as set forth in Exhibit GC -A, "Dispute
)n Agreement", to be attached hereto and made a
:of if no such agreement on the method and
e for resolving such disputes has been reached,
ect to the provisions of paragraphs 9 10, 9 11 and
XNER and CONTRACTOR may exercise such
remedies as either may otherwise have under the
Documents or by Laws or Regulations in respect
E 17—MISCELLANEOUS
Whenever any provision of the Contract
!nts requires the giving of written notice, it will be
to have been validly given if delivered in person to
ildual or to a member of the firm, or to an officer of
oration for whom it is intended, or if delivered at or
registered or certified mail, postage prepaid, to the
ness address known to the giver of the notice
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EJCDC
w/ CIT'
of Time:
e
When any period of time is referred to in the
;t Documents by days, it will be computed to
the first and include the last day of such
If the last day of any such period falls on a
y or Sunday or on a day made a legal holiday
aw of the applicable jurisdiction, such day will
ed from the computation
ERAL CONDITIONS 1910-8 (1990 Edition)
FORT COLLINS MODIFICATIONS (REV 4/2000)
17 2 2 A calendar day of twenty -four hours measured
from midnight to the next midnight will constitute a
day
Notice of Claim:
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173 Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of anv error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage The provisions of
this paragraph 17 3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose CumulativeiRemedres:
1
174 The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6 12, 6 16, 6 30, 6 31, 6u2, 13 1, 13 12, 13 14,
14 3 and 15 2 and all of the rights ;and remedies available
to OWNER and ENGINEER thereunder, are in addition
to and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply
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Professional Fees and Court Costs Included:
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175 Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs
176 The laws of the State of Colorado applv to this
Agreement Reference to two pertinent Colorado statutes
are as follows,
33
subcontractors in or about the performance of the Work
Such funds must be withheld until said claims have
been paid or such claims as filed have been withdrawn.
such payment or withdrawal to be evidenced by filine
with OWNER a receipt in full or an order for
34 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CI 1 Y OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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E1CDC GENERAL CONDITIONS 1910-5 (1990 Edmon)
36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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EXHI IT GC -A to General Conditions
of the Construction Contract Between
OWN Rand CONTRACTOR
DISPUI E RESOLUTION AGREEMENT
OW31 ER and CONTRACTOR hereby agree that
Article 6 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amende( to include the following agreement of the parties
161 All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of o relating to the Contract Documents or the breach
thereof except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14 15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules 6f the American Arbitration Association then
obtami la, subject to the limitations of the Article 16 This
agreemdnt so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provide in this Article 16 will be specifically enforceable
under t e prevailing law of any court having jurisdiction
16 I No demand for arbitration of any claim, dispute
or oth r matter that is required to be referred to
ENG EER initially for decision in accordance with
paragra h 9 l 1 will be made until the earlier of (a) the date
on whi h ENGINEER has rendered a written decision or
(b) the hirty-first day after the parties have presented their
eviden e to ENGINEER if a written decision has not been
rendereB by ENGINEER before that date No demand for
arbitrat on of any such claim. dispute or other matter will
be ma e later than thirty days after the date on which
ENGI, EER has tendered a written decision in respect
thereof in accordance with paragraph 9 11, and the failure
to dem nd arbitration within said thirty days' period will
result n ENGINEER's decision being final and binding
upon WNER and CONTRACTOR if ENGINEER
render a decision after arbitration proceedings have been
initiate , such decision may be entered as evidence but will
not suRersede the arbitration proceedings, except where the
dectsioh is acceptable to the parties concerned No demand
for ar nration of any written decision of ENGINEER
render d in accordance with paragraph 9 10 will be made
later t an ten days after the party making such demand has
deliverqed written notice of intention to appeal as provided
in Daralgranh 9 10
1 3 Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with t e American Arbitration Association, and a copy will
be seq to ENGINEER for information The demand for
arbitr loon will be; made within the thirty -day or ten-day
period specified in paragraph 16 2 as applicable, and in all
other ases within a reasonable time after the claim dispute
or oth r matter in question has arisen, and in no event shall
any s ch demand be made after the date when institution of
legal r equitable proceedings based on such claim, dispute
or of er matter in question would be barred by the
applickble statute of limitations
164 Except as provided in paragraph 16 5 below,
no arbitration ansmg out of or slating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person) or entity (Including
ENGINEER, ENGiNEER's Consultant and the officers
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless
16 4 1 the inclusion of such other person or entity is
necessary if complete relief is! to be afforded among
those who are already parties to the arbitration, and
1642 such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
1643 the written consent f the other person or
entity sought to be mciudedl and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph, but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically Identified in such consent
16 5 Notwithstanding paragraph 16 4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder I CONTRACTOR shall
include in all subcontracts required by paragraph 6 11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration (between OWNER and
CONTRACTOR involving the Work of such
Subcontractor Nothing in this paragraph 16 5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and aeamst OWNER, ENGINEER or
ENGiNEER's Consultants that does not otherwise exist
1
166 The award rendered by the arbitrators will be
final, judgment may be entered upon it in anv court having
jurisdiction thereof, and it will not be subject to
modification or appeal
167 OWNER and CONTRACTOR agree that they
shall first submit any and I all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of of I relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration I Association under the
Construction Industry Mediationj Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16 1 through 16 6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties
The respective thirty and ten day, time limits within which
to file a demand for arbitration as provided in paragraphs
16 2 and 16 3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the Imediation The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed
EJCDq GENERAL CONDITIONS 1910-5 (1990 Edition) GC -AI
w/ CITr OF FORT COLLINS MODIFICATIONS (REV 9/99)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
GC -Al
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions
191(1-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract Documents as indicated below
SC-5.4 8 Limits of Liability
A Add the following language at the end of paragraph 5 4 8
The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as
follows:
fl 5 4 1 and 5 4 2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5 4 3 and 5 4 5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL) This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner
5 4 6 The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL)
W
K
5 4 9This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL)
SC-12 3 Add the following language to the end of paragraph 12.3.
Contractor will include in the pro3ect schedule 0 days lost due
to abnormal weather conditions
00800-1
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be —
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without "
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10 0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10 1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10 2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the r
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10 3. CONTRACTOR shall not be required to employ any subcontractor,
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supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted by ,-
OWNER prior to the Notice of Award will be required in the performance of
the Work.
7/96 Section 00100 Page 4
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
a
00950 Contract Change Order
00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: METER BOX INSTALLATION, BID NO 5557
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1 Reason for change
2 Description of Change
3 Change in Contract Cost
4 Change in Contract Time
ORIGINAL CONTRACT COST $ 00
TOTAL APPROVED CHANGE ORDER 0 00
TOTAL PENDING CHANGE ORDER 0 00
TOTAL THIS CHANGE ORDER 0 00
TOTAL % OF THIS CHANGE ORDER
TOTAL C 0 a OF ORIGNINAL CONTRACT
hDJUSTED CONTRACT COST $ 0.00
Assumina all chanoe orders approved)
ACCEPTED BY DATE
Contractor's Representative
ACCEPTED BY
Pro3ect Manager
REVIEWED BY
Title
APPROVED BY
Title
APPROVED BY
Purchasing Agent over $30,000
cc City Clerk Contractor
Pro]ect File Architect
Eagineer Purchasing
9/99
DATE
DATE
DATE
DATE
Section 00950 Page 1
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Section 00960
Application for Payment
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SPECIFICATIONS
MATERIALS AND INSTALLATION
FOR
WATER METER BOXES
MATERIALS: The City of Fort Collins will furnish all meters, meter
setters, idlers, connection couplings, meter box, cast iron recessed
lid with worm lock, rubber of plastic inner lid, and all type "K"
copper pipe as necessary to complete the installation at no cost to
the Service Provider All other material shall be furnished by the
Service Provider in accordance with the City of Fort Collins current
Standard Construction Specifications.
INSTALLATION: The Service Provider shall install all piping,
fittings, meter box complete, meter setter and meter. Where
contractor encounters galvanized service pipe, the contractor shall
leave a 6 inch sample of the service line for customer's inspection.
The 6 inch sample shall also be submitted to the Engineer tagged with
the address, contractor's name, and date. All work shall comply with
drawings 5 and 6 The Service Provider will be responsible for
removing all landscaping, asphalt, concrete, etc., to facilitate the
installation
The contractor will be responsible for backfilling the excavated area,
compaction of all excavated holes and trenches, and restoration of all
disturbed landscaping to original, or better, condition. Compaction
will be warranted by the contractor through the contract specified
warranty period. Any settling or trench failure will be corrected
immediately. Damage to any surface supported by a failed trench will
be repaired at: the Service Provider's expense.
If concrete removal is necessary to complete the meter box
installation, the service provider will subsequently repair the
affected area with an approved temporary cold patch sufficient to
support light vehicular and foot traffic until permanent repairs are
made. The City will assume responsibility for making permanent
repairs to these areas at a later date.
It is the Water Utilities' preference that excavation and backfill for
meter box installations be performed by hand. However, the use of
machinery is acceptable provided that any area effected by machinery
is restored to original, or better, condition.
It is the Service Provider's responsibility to locate and protect
existing utilities. If a utility is damaged, the Service Provider
shall contact the Utility company immediately for repair. The Service
Provider shall pay all costs for such repair
Since meter box installations continue through the winter months, the
service provider will, at times, be required to work in somewhat less
than favorable soil conditions. Should the schedule dictate working
in areas of ground frost, the service provider must be capable of
R1
removing frozen soil and will be required to remove up to 10 inches of
such soil to facilitate the meter box installation at no extra charge
No frozen soil will be used for backfill. All excavated frozen soil
will be stockpiled at a designated City facility or properly disposed
of by service provider.
Any sod replacement postponed through the winter will be replaced by
the contractor, at his expense, according to the Water Utilities'
schedule, no later than May 1st of the following season _
If, after the meter is installed, the meter continues to run with all
water turned off, the contractor will assist the Water Utilities
customer in discovering a leak. (Limited to a visual inspection only -
- fixtures, access valves, hose bibs, etc.) The contractor will
report his findings to the Project Manager or Inspector, and the
customer, and will not be responsible for repairing any leaks that are not a direct result of work performed by Service Provider. The
service provider may repair a leak with authorization from the
customer or the Project Manager with costs to be born by the customer.
A service line entering a meter box must be within a specific
elevation range (see Specs-02649-9) to meet the correct installation
requirements The service provider will loop the service line up or —
down to meet the required installation elevations at no extra charge.
In any installation, the contractor will be responsible to a depth of
72 (seventy-two) inches of excavation before any extra money is paid
for the "deep hole".
If the installation requires that an electronic location be made on
the service line, the Water Utility will provide such location, and
the service provider will be responsible for excavation to the
required depth plus 24 (twenty-four) inches either side of the
location mark.
INSPECTIONS: Inspections will be performed by the City of Fort
Collins Water Utilities Department, Meter shop. Inspection of the
meter box is required before the excavated area is backfilled. The
Water Utilities Department will perform the final inspection
approximately 1 (one) week after installation.
WARRANTY. The Service Provider shall be responsible for a period of
two (2) years following the final acceptance of each item of work
performed under this contract for the satisfactory repair or
replacement of all work or material which becomes defective, during
this period, as a direct or indirect result of faulty workmanship.
E
1�
11.0 BID FORM.
L1.1. A copy of
the Bid Form is
bound in the Contract Documents which may
be retained by
the Bidder. A
separate unbound copy is enclosed for
submission with
the Bid.
L1.2. Bid Forms
must be complete
in ink or typed All lump sum prices on
the form must be
will take
stated in words and numerals; in case of conflict, words
Unit shall over extensions of sums.
precedence.
prices
govern
L1.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown below the corporate name
L1.4. Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown_ below the signature.
L1.5. Bids by 3oint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant The full name
of each person or company interested in the Bid shall be listed on the Bid
Form.
Li 6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
L1.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each such
alteration is signed or initialed by the Bidder; if initialed, OWNER may
require the Bidder to identify any alteration so initialed.
L1.8 The address and telephone number for communications regarding the
Bid shall be shown
FN
12.0 BID PRICING
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
L3 1. Bids shall be submitted at the time and place indicated in the
Lnvitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Pro3ect title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
7/96 Section 00100 Page 5
r�a
SPECIAL CONDITIONS
FOR
METER BOX INSTALLATIONS
PAYMENT. The service provider will submit a work order/invoice with
duplicate copy for each installation completed
WORK SCHEDULES: No work shall be done between 6:OOp.m and 7:OOa.m ,
nor on Sunday or Legal Holidays without permission of the
owner/occupant., except emergency work. No service shall be
interrupted before 8:OOa.m. or after S:OOp.m. without prior permission
of owner/occupant.
ALL work will be scheduled through the City of Fort Collins Water
Utilities, Metier Shop
Service Provider will give owner/occupant a minimum of 24 hours notice
prior to beginning any work.
eService Provider shall complete individual meter box installations
Within 48 hours from commencement of work at that particular location.
Service provider shall provide emergency or urgently requested
services within 2 (two) hours of request
The Service Provider shall attempt to contact the owner or resident at
the property immediately prior to commencing work, to explain the
nature and schedule of the work to be performed.
PROTECTION OF WORK: The Service Provider shall, at his own expense:
a. Provide and maintain proper protection to all finished work,
any unfinished work, and to all material and equipment,
including but not limited to that furnished to him by the
City from the time it is delivered to him during the entire
progress of the work, and be responsible for and make good
any in]ury to same and shall protect exterior surfaces
against any defacement which would detract from their good
appearance.
b Clean up the job site at the end of each day and upon
completion of the work, make good all damage, leaving the
site in a clean and orderly condition, restoring the site to
original or better condition Haul away all debris or excess
material remaining as an end product at Sob completion.
NON -ASSIGNABILITY: Within seven (7) days after award, the Service
Provider shall submit to the City of Fort Collins Water Utilities
Department a list of all subcontractors proposed for the work. The
City reserves the right to deny the use of any subcontractor that it
deems to be incapable of properly performing the work. No changes of
the subcontractor list will be allowed without written consent of the
City of Fort Collins Water Utilities Department.
1
If the Service Provider should sublet any part of this contract, the
Service Provider shall be as fully responsible to the City for acts
and omissions of a subcontractor, and of persons either directly or
indirectly employed by his subcontractor, as he is for the acts and
omissions of persons directly employed by him
ADDITIONAL REQUIREMENT: The Service Provider shall have a person at
each job site while work is being performed who is able to speak --
English. _
Prior to commencing work, the Service Provider shall obtain a license
from the City of Fort Collins Engineering Department to work in the
Public Right of Way. The Service Provider shall submit a copy of this
license to the Engineer.
SAFETY: The Service Provider shall be responsible for maintaining
safe conditions in the various work areas at all times. Barricades
and warning devices shall be installed where required or if requested `
by the Engineer _
CHARACTER OF WORKERS The Service Provider shall employ only
competent, skillful workers to do the work. whenever any worker shall
appear to be incompetent or to act in a disorderly or improper manner,
such persons shall be removed from the work upon request of the City
of Fort Collins Water Utilities Department Workers shall be
courteous and responsible when dealing with Homeowners
MINIMUM COMPLETION: The Service Provider must be able to complete as
many as six (6) meter box installations per day, or; a minimum of
thirty (30) meter box installations per week, as may be determined by
scheduling generated through the project manager.
WRITTEN ESTIMATES• This agreement also allows for the installation of
water meter pits designed for 1 ',� inch and 2 inch meters. (See specs
detail #9) The contract in its entirety will apply to these
installations except that the Service Provider shall submit written
estimates for each pit installation on a case by case basis
CUSTOMER SERVICE Services outlined in this agreement are provided to
City customers through the City of Fort Collins Water Utility and the
Utility has certain expectations as to the successful fulfillment of
this contract-
1 The service provider will maintain a high standard of quality
in his workmanship as determined by specifications,
regulations, requirements and procedures incorporated in these
documents
2. Any interaction between the service provider and a City of
Fort Collins Water Utility customer, concerning a meter
installation, will be handled in a positive and respectful
manner.
3. Process and outcome will meet the valid expectations of both
the Homeowner and the Water Utility.
2
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TYPICAL SERVICE
DETAIL
-
CITY OF FT.COLLINS, COLORADO APPROVED BY DATE 0ETAJL MC.
y, WATER UTILITIES DIVIS7014 5
c
Bituminous
Fiber
METER PIT
CAST IRON RECESSED LID
',KITH WORM LOCK
INSTALL LID 1/2"
C- ABOVE FINAL GRADE
RUBBER OR PLASTIC
INNER LID
—CAST IRON FROST PROOF
METER PIT COVER
GENERAL NOTES:
1. This meter pit not to be
installed in any street,
alley, parking area,
driveway, or sidewalk.
2. No landscaping (trees,
shrubs, boulders, etc.)
or retaining walls to be
within 4 feet of meter pit.
3. Ground surrounding meter
pit shall slope away from
lid, at 21. grade.
4. No plumbing connections to
be made in meter pit.
S. All teas and connections
to be a minimum of 5 feet
from meter pit wall on
the outlet side.
6. Grade chances after meter
pit installation shall
require that the owner
iadjust meter pit cover to
1/2" + above final grade.
7. If Pressure Reducing Valve
is required by Plumbing
Code, it shall be installed
inside the building,
immediately following the
main shut off valve.
STANDARD EXTERIOR SETTING
FOR 3/4" & 1" WATER METERS
CITE' OF FT.COLLINS, COLORADO Arrnevm e7. DATE DETAIL MO. ^
6
WATER UTILITIES DIVISION
ALUMINUM MANHOLE - INSTALL LID 1/2" ABOVE
If RING AND COVER , FINAL GRADE Ib" M.F.X.
W77H LOCK NUT T
24 t,
CONCRETE: :: • "J: PRECAST CONCRETE
ADJUST�IE.NT MANHOLE
RINGS 48"
(AS REQUIRED)
13" FOR 11/2"
ME i E';S MANHOLE
17" FOR 2" RUNGS
METERS 12" O.C.
►- �f
_ = COMPRESSION TYPE
`n CONNECTION (TYP.)
• —`'ram
1" IRON PIPE •r _ ��ARMOUR-FLEX TUBING, AND
(TYP.) FLOW N GROUT KNOCKOUT
BEFORE BACKFILLING
•~'.°• 'i:� = i' �- 8" LAYER OF 3/4" TO
1 1/2" GRAVEL
GENERAL NOTES: METER ScE iE.R
1. Meter setters to be supported by 2 - 18" lengths of 1" iron pipe inserted
tt.irouah eyes Ina set atop 4 - 8" x 8" concrete blacks.
2. This meter pit not to be installed in any street, alley, parking area, driveway,
or sidewalk..
3. No landscaping (trees, shrubs, boulders, etc.) or retaining walls to be within
4 feet of meter pit.
4. Ground surrounding meter pit shall slope away from lid, at 21.
5. tic plumbing connections to be made in meter pit.
6. All tees and connections to be a minimum of 5 feet from meter pit wall an the
outlet side.
7. Grade chances after meter pit installation shall require that the owner adjust
meter pit cover to 1/2" ± above final grade.
8. If pressure. reducing valve is required by Plumbing' Code, it shall be installed
inside the building, immediately following the main shut off valve.
STANDARD SETTING
FOR 1-1 f 2" & 2" WATER METERS
CITY OF FT.COLL.INS, COLORADO ! APPAovE:] 8Y. I GAZE I GeTAu NO.
W A`7ER U-'ILITIES DIVISION II a
Qualifications, and Schedule of Subcontractors as required in Section
00430 If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time
and date for receipt of Bids indicated in the Invitation to Bid, or any
extension thereof made by addendum Bids received after the time and date
for receipt of Bids will be returned unopened Bidder shall assume full
responsibility for timely delivery at the location designated for receipt
of Bids.
13.3 Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4 No Bidder may submit more than one Bid Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14 2 Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority
at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the --
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and ma3or alternates (if any) will be made available after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date
7/96
Section 00100 Page 6
0
17.0 AWARD OF CONTRACT.
�q L7.1. OWNER reserves the right to reject any and all Bids, to waive any
1y�3 and all informalities not involving price, time or changes in the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional Bids.
Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER
believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid is not responsive or the
3idder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
aetween the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award
17.3 OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials
all
and equipment proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
17.4 OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of aLl schedules. Only one
contract will be awarded
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
7/96 Section 00100 Page 7
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by
the required Contract Security.
0
19.0 SIGNING OF AGREEMENT
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds Within ten (10) days thereafter, OWNER r
shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate �J
identification
20 0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work Said taxes shall not be included
in the Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions• The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions. A
copy of the resolutions are available for review in the Purchasing and Risk
Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires J
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
hazardous waste as a fuel `
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham
Bid will be re]ected and reported to authorities as such Your authorized
7/96 Section 00100 Page 8
F1
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signature of this Bid assures that such Bid is genuine and is not a
collusive or sham Bid
24 0 BID RESULTS
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you
Bid results will be posted in the Purchasing office sever, (7) days after
the Bid Opening
7/96
END OF SECTION
Section 00100 Page 9
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SECTION 00300
F-FURIMMM
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SECTION 00300
BID FORM
PROJECT: METER BOX INSTALATION, BID NO 5557
Place ambas i IV�S10 r1
Date Ctoher 17 :2
1 Ln compliance with your Invitation to Bid dated Otto er M 2000
and sub3ect to all Fond --bons tnereof, the undersigned G aT WAQrier-
nterpri5e!i =nC • a *x (CorDcration, Limited Liability
Company, Partnership, Joint VentLre, or Sole Proprietor)** authorized to do
bus=ness in the State of Colorado hereby proposes to furnish and do
everything required by the Contract Documents to which this refers for the
construction of all items listed on the -following Bid Schedule or Bid
Schedules
2 The andersigned Bidder does hereby declare and stiaalate tr_at this proposal
Ls made in good faith, without collusion or connection with anv other
person or persons Bidding for the same Wor<, and tr_at it is made in
pursuance of and sub3ect to all the terms and conditions o` the Invitation
o Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining `in
^ tine 'Work to be done, all of
awhich nave been examined by the undersigned
3 Accompanying this 9i is a c/e�rtifiIed or cashier's c:ecc or standard Bid bond
-_n the sum of 4'2500°s LVCn+L4rLUe Hundred _ ($
o0
_n accordance w_tn the Invitation To Bid and
,nstructions to Bidders
The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Pavment Bond for the amount of the total of tnis Bid within
fifteen (IS) calendar days from the date when the written notice of the
award of the contract is delivered to nim at the address given on this Bid
The name and address of tae ccrporate surety aith v_._cn the Bidder
proposes to furnisn the specified performance and payment ponds is as
:ollows Old Repub�cc Suretu Companc�
5 1111 the various phases of WorK enumerated in the Contract Documents witn
their individual Sobs and overnead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR under one of
the items listed in the Bid Schedule, irrespective of whether it is named
in said list
6 Payment for Work performed will be in accordance with the Bid Schedule or
7/9E Section 00300 Page 1
BLd Scheaules suzDect to changes as provided in the Contract Documents
7 T-ie undersicnea Bidder hereby acknowledges recG1ct of Addenda No NA
tZrough
0 G + T 1JsPner [n+erprfses Inc
CONTRACTOR
5Y //C��?/ l ✓'
ADDRESS !Li Leti-ba Trail
a p 0 Box 399
Red Featker Lakes CO 90sy5-o39j
r 2 BID SCHEDULE ;Base Bid)
The following is an example liSt of =='ie installat-ons These examples
are provided for bid purposes only and do not necessarily represent all
conditions that may ne encountered at a possible work site The "Amount"
for eacn work site example should be the sum of the applicable °Unit^
prices from Exhibit 9-1
Work Site Examples
Tyoical Installat-cn
(1) The meter nox will be installed in
a lawn area next to the curb box
The service line is 66" deep
(2) The curb stop is in a concrete
dr-vewav, but the service drifts
out of the driveway_into the lawn.
The meter cox Nill be located in
the lawn and zhe service line is
78" deeo
(3) There are two curb boxes, serving
two different customers, side by
7/96
"Units!'
1 a- 3
1 + 3 + 5
2 - 3x2
Amount
S�ooa
S 3LO"
s53000
Section 00300 Page 2
I
9, Section
BID INFORMATION
R
P
lI1
CONTRACT DOCUMENTS TABLE OF CONTENTS
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIAL CONDITIONS FOR INSTALLATION
SPECIFICATIONS
a' DRAWINGS
Pages
00020-1 - 00020-2
00100-1 - 00100-9
00300-1 - 00300-3
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
1-2
1-2
side in
a lawn area 'Iwo -peter
bcxes
will be installed in one
o ersized
excavation The service
lines
are 66" deep
Average of
typical installaticn x 90 =
(1 - 2 + 3
divided by 3 x 90)
Non-Tvuical
Installation
(4) The curb box is in the middle of a 1 - 3 - 6x8
ccncrete driveway that is 16, - 8x24
wide The meter box, will be
installed in the lawn area next to
the driveway Approximately 24 sq
feet of concrete driveway will be
removed The service li,_e will oe
looped from the curt box -o the mete_
;:Gx and bacK to the original service
The original service is 66" deep
(S) Two curb boxes, serv'ng tao 2 - 3x2 r
different customers, are located 6XI0
in a a_rc ariveway Two meter
boxes will be installed in one
a oversized excavation in the lawn
area next to the driveway The
earn boxes are 10' from t`e nearest
edge of the rreter nox excavation
The service 'lines v.ill be looped
from the curb boxes to the meter
' boxes and back to the original
services The original Services
aaze 70" deep
Average of Non -Typical Installation:c 10 =
�4 + 5 divided by 2 x 10)
Tctal Bid (Typical - Non -Typical)
FAM
•.
/ MIRM
$ 9 30'-'O
RR• •f
EXHIBIT 2-1
The Bidder will supply "Unit" Prices for the following items of work that
he/she will perform throughout the contract period Any extras to be
raid a_�ove the "Typical" installation pr'_ce, at each site, will oe
7/96 Section 00300 Page 3
reviewed and approved by the Project Manager
1
Excavation for meter box installation up to
00
5 5
?'W x 511, x E'D (T_r_cludes bac,� fill, compaction
and site restoration, does not include plumbing
or setting meter nox to trade)
2
Oversized excavation for 2 mezer box
0O
installations uo to 41W x 71L x 6'D (Includes
backf_ll, compaction and site restoration, does
not include plumbing or setting meter box
to grade)
3
Plumb and sec meter box to grade (Does not
$ 0 ,r 00
include excavation or back ill)
q
Demo meter nox (Remove sa,ostandard meter box
'I
$ 4 5Q-0
and reconnect services at original grade)
co
`
5
Deep hole (Extra digging for a 8 �O per
foot
excavations greater than 72" deep)
6.
Open cut trench (Up to 3'W x 51D) @ $ per
lineal foot
Da
7
=ore (Able to accommodate up to @ $ per
lineal foot
2-one inch services)
00
8
Cut and remove concrete @ $$_ per
sq foot
o_o
9
Cut and remove asphalt a $�_ per
sc foot
00
SD
10.
Add a turn stop. $
11
Materials furnished by contractor Cost Plus 1_'s
00
12
Removal of frozen soil (deeper @ $� per
vertical foot
than 10")
9
PRICES
The foregoing prices shall include all labor, materials,
transportation,
shoring, removal, dewacer_ng, cverhead, profit, insurance,
etc , to cover
the complete Wcrh; in place of the several kinds c=11ed
`or
7/96 Section 00200 Page 4
I
BLdder acknowledges that the OWNER has the rignt to delete items in the Bid
or change quantities at his sole discrecicn iithoui affecting
or prices of any item so long as the deletion or change does
the Agreement
not exceed
twenty-five percent (25%) of the total Agreement Price
RESPECTFULLY SUFMITTED
L Z; a.ng . d 3I A�00
Signature T Date
//
lirCi)l/1�n�
Title
License Nurtner !If Applicable)
(Seal - _f Bid is by corporation)
Attest
Address /y �%i iia Trail
Po I%X 397
Red i�her_ �.� kes CO
8c)5�'S-o397
Telephone 0
�J
7�9'o Section 00300 Page 5
SECTION 00400
SUPPLEMENTS -O SID F(DRMS
004103id 3ond
00420 Statemen:i of Bidder's Qua! ifa.cations
00430 Schedule of Suucontraczors
saeTloN oe_lo
SID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned
as Principal,
and
as
Surety, are hereby held and
firmly bound unto the
-,tv cf Port Collin Color -do
as OWNED, in the sum of $
— for
the payment of which, well and
truly to be made, we nereny
lc_ntly and severally
bind ourselves, successors, and
assigns
THE CONDITION of this obligation is such tnat whereas one Principal nas
submitted to the City of Fort Collins Color=_do the accompanying Bid and hereby
made a part hereof to enter into a Construction Agreement for the construction
of Fort Collins Pro]ect, METER BOX INSTALLATION, BID NO 5557
NOW THEREFORE,
(a) said B-d snall be rejecter, or
(b) If said Bid shai'_ be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with said Sid) and shall furnisn a BOND for his faithful
Performance of said Contract, and for payment of all cersons nerforming
labor or furnishing materials _n connection therewith, and snail in all
r
other respects perform the Agreement created by the acceptance of said Bid,
there this obligation snail be void, ctner,ise the same shall remain in
force and effect, it being expressly understood and agreed that the
!-ability of the Surety for any and all claims hereunder snail, in no
event, exceed the penal amount of this obligation as herein stated
The Surety, for value received, nerebv stipulates ane agrees tnat the obligations
of said Surety and its BOND shall be in no way impaired or affected by ary
extension of the time within which the OWNER may accept such Bid, and said Surety
does hereby waive notice of any such exter_sien
Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be accepted by the OWNER
In
Q 7/96
Section C0410 Page 1
li
IN WITMESS WHEREOF, the Princiaal and the
S-rety !-=pie
nereunto set their
hands
and seals this day of
_ , 20_
and such of them as are
corperations nave caasea tneir ccrporate
seals to oe
hereto affixed and
these
presents to be signed by their proper officers, the day
and year first set
forth
above
PRINCIPAL
Name
Address
By
Title
ATTEST
By
(SEAL)
i190
Sy -
^itle
SURETY
(SEAL)
Section 00410 Page 2
■�l
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All
questions must be answered and the data given must ne clear and
comprenens_ve
This statement must be notarized If necessary, questions may
ne
answered on separate attached sheets The Bidder may submit any additional
information
he desires
1
Name of Bidder G t S WaGner Enterprrises,=rice .
2.
Permanent main office address Iti Lefi�ia Trai I Red Fe-RrherLake5CC
Sasys
3
When organized. - r 1 5 19 9 3
4
If a corporation, where incorporated Fe- bruaru 15 t49�
-
ow many years nave you teen enaaced in the contracting bLsiness under your
present firm or trade name' u P.aY S
`
Contracts or_,hand (Schedale these, snowing the a-nol_nt of eacr_ contract and
the aporonriate anticipated dates o'_ completion )
Outside Water Me+er•s -City o� Ft. C'Dtling
Uniqpeci-Pied Amount Da+e ICY r'mmplP+ran -1a4- oc
_
a 7 Ceneral character of Work performed py your company
Nand excavafian andinstallation
3 Have you ever failed to complete any Work awarded to vou�___L4!
If so, where ana wny?
9 -ave your ever defaulted on a ccntracc� No
if so, where and wnv�
Io Are you debarred by any government agency? No
If yes list agency name
0
a7/96 Section 00420 Page 1
0
11
12
13
List the more i=crcant proDects recently completed by year company, stating
the approximate cost of eacr_, and _ne ronth and tear completed, location
List your maDor equipment a-iailable for this contract
Experience in construction Work similar in importance to this
3ackground and experience of the princ_pal members
of your organization,
including officers
-yPars of Seruire � CitFoF Ft Collins
3 years of
Service +p C'ity o� GrePleu CU
if
—
1s
Credit available $ 3 Q Q o Q
16.
Bank reference _ Wets Fargo _
17
will you, upon reeuesc, fill out a detailed financial
statement and furnish
anv other _nformat_on Gnat Tay be required
cv the OWNER? _
ves_
18 Are you licensed as a General CONTRACTOR-, NO
It yes, in what city, county and state? What
class, license and n_mbers?
O19 Dc you anticipate suocontraccing Work under tn:-s Contract? /1/0
1f ves, wnat percent of total contract?_
and to whom?
20 Are any lawsuits pending against you or }our firm at this time? /V0
1f yes, DETA=L
i
Section 00420 Pace 2
21 4hat are t'_ze limits of your public liaoil-t'y� DETAIL
_ #/ OOU 00o
What company FAgn7,FRs 2N_—_-T SuRANC6 Co
22 What are your company's bonding _:_mitat_ons� Unknown
23 The undersigned hereby a thcr,zes and requests any Gerson, firm or
corporation to furnish any infermaticn requested by the OWNER in
verification of z-e recital compris=ng this Statement of Bidder's
Qualifications
Dated at / �a��•h-f this 31 day of 7 20,=tO
Name of Bidder
Title ��rrt'•�*�n//7 --
State of
Co my of ZI, r r M 2Y )
being dui sworn deposes and says that he is
_ 9 Y P 1
�i� 41 0 r� iil4/LN of Cti t' a Wy• `ten !1'tt� �i"and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are
true and correct
Subscribea and sworn to before me tn_s J l day of
'Oar"!
otary
t4 try,
yam,: o S'.
Q of coti° r
My commission expi_ G _ %c+ i
My Commission E-Vires 0110PIP004
0 7/96
Section 00d20 Page 3
C
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all SUbconEraczorS for the work items 1_Sted nelow and all SUDconrractorS
performing over 10s of the contract
ITEM
7/96
SUBCONTRACTOR
Section 00430 Paae 1
w
d
t
m
Lf
A
N
I
L4
I
I
N
ut
a
Q
U
A
Fi
O
U
m
""' SECTION 00500
0 AGREEMENT FORMS
00510 Notice of Award
0 0 5 2 0 Agreement
00530Notice to Proceed
ll
K
F111
I
KI
II
L
I
N
1.
SECTION 00510
NOTICE OF AWARD
Date- November 22, 2000
aTO. G & J Wagner Enterprises, Inc
PROJECT METER BOX INSTALLATION, BID NO 5557
OWNER CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated October 17, 2000 for the above pro]ect
has been considered You are the apparent successful Bidder and have been awarded
an Agreement for METER BOX INSTALLATION, BID NO 5557
Four (4) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award Four (4) sets of the Drawings will be delivered
separately or otherwise made available to you immediately
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by December 8, 2000
1 You must deliver to the OWNER four (4) fully executed counterparts of the
r
Agreement including all the Contract Documents Each of the Contract
Documents must bear your signature on the cover of the page-
2 You must deliver with the executed Agreement the Contract Security (Bonds)
as specified in the Instructions to Bidders, General Conditions (Article
5 1) and Supplementary Conditions
L�J
u
u
C
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare
your Bid Security forfeited
Within ten (10) days after you comply with those conditions, OWNER will return to
you one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached
0 7/9E
t of Fort Collins
0am
ER ( ) �I
By
s B O'Neill II, CPPO
Dir of Purchasing and Risk Management
Title
Section 00510 Page 1
SECTION 00520
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below,
by and between THE CITY OF FORT COLLINS, COLOP.ADO, a Municipal
Corporation, hereinafter referred to as the "City" and G & J Wagner
Enterprises hereinafter referred to as "Service Provider"
WITNESSETH-
In consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the parties hereto as follows
1 Services to be Performed_
a This Agreement shall constitute the basic agreement between
the parties for services for Meter Box Installation Bid #5557 The
conditions set forth herein shall apply to all services performed by
the Service Provider on behalf of the City and particularly described
in Work Orders agreed upon in writing by the parties from time to
time Such Work Orders, a sample of which is attacned hereto as
Exhibit "A", consisting of two (2) page and incorporated herein by
this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of
payment, any materials to be supplied by the City and any other
special circumstances relating to the performance of services No work
order shall exceed $50,0o0. The only services authorized under this
agreement are those which are performed after receipt of such Work
Order, except in emergency circumstances where oral work requests may
WOSA 7/98 2
U
0 be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days
b The City may, at any time during the term of a particular
,
Work Order and without invalidating the Agreement, make changes within
the general scope of the particular services assigned and the Service
Provider agrees to perform such changed services
g2 Changes in the Work The City reserves the right to
independently bid any services rather than issuing work to the Service
Provider pursuant to this Agreement Nothing within this Agreement
t shall obligate the City to have any particular service performed by
the Service Provider
3 Time of Commencement and Completion of Services The
<+ services to be performed pursuant to this Agreement shall be initiated
as specified by each written Work Order or oral emergency service
request Oral emergency service requests will be acted upon without
waiting for a written Work Order Time is of the essence
4 Contract Period This Agreement shall commence January 1,
2001, and shall continue in full force and effect until December 31,
2001, unless sooner terminated as herein provided In addition, at the
option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods Pricing
changes shall be negotiated by and agreed to by both parties and may not
exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office Written notice of renewal shall be provided
to the Service Provider and mailed no later than 90 days prior to
WOSA 7/98 3
ft
0 contract end
5 Delav If either party is prevented in whole or in part
from performing its obligations by unforeseeable causes beyond its
i reasonable control and without is fault or negligence, then the party
so prevented shall be excused from whatever performance is prevented
by such cause To the extent that the performance is actually
prevented, the Service Provider must provide written notice to the
City of such condition within fifteen (15) days from the onset of such
condition
6 Early Termination by City/Notices Notwithstanding the time
periods contained herein, the City may terminate this Agreement at any
F
time without cause by providing written notice of termination to the
Service Provider Such notice shall he mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise
agreed in writing by the parties All notices provided under this
aAgreement
shall be effective
when mailed, postage prepaid and sent to the
following
address.
0 City Dept Service Provider
City of Ft Collins
Water Utilities
G & J Wagner Enterprises
t
Purchasing
P.0 Box SBO
P O Box 397
256 W. Mountain Ave
Ft Collins, CO 80522
Red Feather Lakes, CO
Ft. Collins, Cc 80522
Attn Lee Mc Mahon
80545-0397
Attn. John Stephen
a
In the event of early
termination by the City,
the Service Provider
L
shall be paid for services rendered to the termination
date, subject
only to the satisfactory performance of the
Service Provider's
WOSA 7/98
4
0NiA
VI
Eobligations under this Agreement Such payment shall be the Service
a'
Provider's
sole right and
remedy
for
such termination
7,
Contract Sum
This is
an
open-end indefinite quantity
ii Agreement with no fixed price The actual amount of work to be
performed will be stated on the individual Work Orders The City
8
makes no guarantee as to the number of Work Orders that may be issued
Oor the actual amount of services which will in fact be requested
Payments
-
a The City agrees to pay and the Service Provider agrees
% to accept as full payment for all work done and all materials
furnished and for all costs and expenses incurred in performance of
the work the sums set forth for the hourly labor rate and material
costs, with markups, stated within the Bid Schedule Proposal Form,
attached hereto as Exhibit "B", consisting of four (4) pages, and
incorporated herein by this reference
Qn Payment shall be made by the City only upon acceptance of the work by
the City and upon the Service Provider furnishing satisfactory
evidence of payment of all wages, taxes, supplies and materials, and
other costs incurred in connection with the performance of such work
8 Liquidated Damages OWNER and CONTRCTOR recognize that time
is of the essence of this Agreement and tnat OWNER will suffer financial
loss if the Work is not completed within the times specified in the work
aorder, plus any extensions thereof allowed in accordance with Article 12
of the General conditions They also recognize the delays, expenses and
WOSA 7/96 5
difficulties involved in proving in a legal proceeding the actual loss
suffered by OWNER if the Work is not completed on time Accordingly
instead of requiring any such proof,
9 City Representative The City's representative will be shown
on the specific work Order and shall make, within the scope of his or her
authority, all necessary and proper decisions with reference to the work
requested All requests concerning this Agreement shall be directed to
the City Representative
to Independent Contractor It is agreed that in the performance
of any services hereunder, the Service Provider is an independent
contractor responsible to the City only as to the results to be obtained
in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished
by the City
li Personal Services It is understood that the City enters into
the Agreement based on the special abilities of the Service Provider and
that this Agreement shall be considered as an agreement for personal
services Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement
without the prior written consent of the city
12 Acceptance Not Waiver The City's approval or acceptance of,
or payment for any of the services shall not be construed to operate as
a waiver of any rights under the Agreement or of any cause of action
arising out of the performance of this Agreement
WOSA 7/98 6
13 Warranty
a Service Provider warrants that all work performed hereunder
shall be performed with the highest degree of competence and care in
accordance with accepted standards for work of a similar nature.
b Unless otherwise provided in the Agreement, all materials and
equipment incorporated into any work shall be new and, where not
specified, of the most suitable grade of their respective kinds for their
intended use, and all workmanship shall be acceptable to City
c Service Provider warrants all equipment, materials, labor and
other work, provided under this Agreement, except City -furnished
materials, equipment and labor, against defects and noncorformances in
design, materials and workmanship/workwomanship for a period beginning
with the start of the work and ending twelve (12) months from and after
final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its
subcontractors of any tier Upon receipt of written notice from City of
any such defect or noncorformances, the affected item or part thereof
shall be redesigned, repaired or replaced by Service Provider in a manlier
and at a time acceptable to City
14 Default Each and every term and condition hereof shall be
deemed to be a material element of this Agreement In the event either
party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof
15. Remedies In the event a party has been declared in default,
WOSA 7/98 7
No
i;
such defaulting party shall be allowed a period of ten (10) days within
which to cure said default In the event the default remains
'rF
uncorrected, the party declaring default may elect to (a) terminate the
OAgreement and seek damages, (b) treat the Agreement as continuing and
require specific performance, or (c) avail himself of any other remedy
a
at law or equity. If the non -defaulting party commences legal or
Oequitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting
a party's reasonable attorney fees and costs incurred because of the
default.
i
16. &inding Effect This writing, together with the exhibits
i
hereto, constitutes the entire agreement between the parties and shall
;f be binding upon said parties, their officers, employees, agents and
assigns and shall inure to the benefit of the respective survivors,
�O heirs, personal representative, successors and assigns of said parties
,i 17. Indemnitv/Insurance
a The Service Provider agrees to indemnify and save harmless the
City, its officers, agents and employees against and from any and all
i
actions, suits, claims, demands or liability of any character whatsoever,
brought or asserted for in]uries to or death of any person or persons,
or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder
b The Service Provider shall take all necessary precautions in
performing the work hereunder to prevent inDury to persons and property
i
0 wosA 7/98 8
d
L
9'
SECTION 00020
INVITATION TO BID
a
c. Without limiting any of the Service Provider's obligations
hereunder, the Service Provider shall provide and maintain insurance
coverage naming the City as an additional insured under this Agreement
of the type and with the limits specified within Exhibit "D", consisting
of one (1) page, attached hereto and incorporated herein by this
reference The Service Provider before commencing services hereunder,
shall deliver to the City's Director of Purchasing and Risk Management,
256 West Mountain Avenue, Fort Collins, Colorado 60521 one copy of a
t
certificate evidencing the insurance coverage required from an insurance
,a company acceptable to the city
18 Entire Agreement This Agreement, along with all Exhibits and
h
other documents incorporated herein, shall constitute the entire
Agreement of the parties Covenants or representations not contained in
this Agreement shall not be binding on the parties
s' 19 Law/Severability This Agreement shall be governed in all
arespect by the laws of the State of Colorado In the event any provision
of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement
CITY OF FORT COLLINS, COLORADO
a municipal corporation
John F Fischbac
City Manager
awosA 7/98
I
By
Dire
Date
City�Cle'rk
AL�PRgVFM AS
ti'on� G & J Wagner Enterprises, Inc
By 4eV,�-4�
Print Name -�
Title �fp'i-lQ_4A
Corporate President or Vice President
Date -
ATTEST
(Corporate Seal)
Co P
orate Secreta
if
WOSA 7/98
nt
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED
Work Order Number
Purchase Order Number
Pro3ect Title
Commencement Date
Completion Date
Maximum Fee (time and reimbursable direct costs)
Pro]ect Description
Scope of Services
Acceptance
User
Service Provider agrees to perform the services identified above and on the
attached forms in accordance with the terms and conditions contained 'herein and
in the Services Agreement between the parties In the event of a conflict
between or ambiguity in the terms of the Services Agreement and this work order
(including the attached forms) the Services Agreement shall control.
Service Provider
Date
Cc Purchasing
The attached forms consisting of (_) pages are hereby accepted and
incorporated herein by this reference, and Notice to Proceed is hereby given.
City of Fort Collins
In
Date
10/97
Section 00520 Page 1
OWNER CITY OF FORT COLLINS
By
JOHN F FISCHBACH, CITY MANAGER
BY
JAMES B O'NEILL II, CPPO
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
bate
Attest
City Clerk
Address for giving notices
P. O Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
CONTRACTOR
M
Title
Date
(CORPORATE SEAL)
Attest
Address for giving notices
LICENSE NO
10/97 Section 00520 Page 2
SECTION 00530
NOTICE TO PROCEED
Description of Work METER BOX INSTALLATION, BID NO 5557
To
This notice is to advise you
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER
That the OWNER has approved the said Contract Documents
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within calendar days from
receipt of this notice as required by the Agreement
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be
and , 20_ , respectively
City of Fort Collins
OWNER
By
Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day
of 20_
CONTRACTOR
By
Title
7/96
Section 00530 Page 1
F41RfIER'S INS.
303e5S61S4
P. 91
COMMERCIAL CERTIFICATE OF INSURANCE Issue Dale (PAMIDOIYY)
ACENCY
Name
JIM BEENVI R
8
4duesa
0U5 W 10TEi STREET
GREELEY, CO 80634
ST _ C7
__ CST 04 AGENT 356
INSURED
G & J WAGNER ENT INC
Name
WAGDTER LAWNC.ARE
&
PO BOX 397A
Address
RED FEATHER LAKES, CO 80545
COVERAGES
e/14/00 —
This certticale is Issued as a matter of Information only and confers no nghh
upon the certificate holder
This caridicale does not amend, extend or alter the
coverage afforded by
the policies shown below
COMPANIES PROVIDING COVERAGE:
`t i e'�
A TRUCK INSURANCE EXCHANGE
Wl4'MIY
LEREH
U FARMERS INSURANCE EXCHANGE
IT!tR L
RI,R
C MID CENTURY INSURANCE COMPANY
compu
UTTER�__-_--
THIS IS 10 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUCO TO THE INSURED NAMED
ANY REQUIREMENT IERM OR CONCITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCI U51ON5 AND CONDITIONS
_ BY PAID CLAIMS _
TYPF OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIF
R DATE (MM)DOI DATE (MMIO
B X GENERAL LIABILITY 04590 32 34 5/5/00 5/5/01
COMMIKIAL 04'R4 L1461LITY
ULCJRRENCE 0$10N
WNIRACILIk INCIO.NTAL ONLY
OWNERS & COATRACTCRS PROT
AUTOMOBILE LIABILITY
p x ALI OWNED COMMERCIAL Autos 04590 32 34
SCHEDULED AUTOS
RED AUTOS
UN CIANED YUro,
HIRED
LL401LDY
XMOAELLA LIABILITY
WOAAERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONSIVENICLESIAESTAICTIOXSISPECIAL ITEMS'
CERTIFICATE HOLDER
Jane
CITY OF FT COLLINS
g
AT1'N • John Stephen
Address
PO BOX 256
West Mountain Ave
.k
Ft Collins, Co 80521
ABOVE FOR THE POLICY PERIOD IHDICAIP) NOPNRHSTANOINC
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSLIRANCF
OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED
5/5/oO 1 5/5/01
POL' eLIMITS'--_--^'
GENERAL
^.-_-
AGGREGATE
$ 1, 000, 000
PRODUCTS COMPIOPS
AGGREGATE
$ 1,000,000
PEPSONAL IS
ADVEATISINC INJURY
$ i, 00O3 GOO
EACH OCCURRENCE
�060, 000
FIRE DAMAGE Any one NO
$ i00, 000
MEDICAL EXPENS;
(Any Me 05MI
$ 5 000 l
COMBINED
SINGLE LIMIT
d
1 , 000, O00
BDILY
$
PER PERSON(V
BODILY INJURY
(PER ACCLOP'n)
$
PROPERTY DAMAGE
$
LIMIT 1 $ 1
STATOTOAT
EACH ACCIDENT
$
DISEASE -EACH EMPLOYEE
$
DISEASE -POLICY LIMIT
$
CANCELLATION
SHOULD ANY OF THE ABOVE DESCR BED POLICIES BE CANCELLED EPIORE ENE EXPIRA HON DAY fd(PEOF
THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN HOTEL 10 IHE CFRIIFICAIE HOLDEN
NAMED 10 THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL WHOSE NO OBCGANON OP LIAI)Vl° OF
ANY KIND UPON T F COMPANY, ITS AGENTS OR REPHESEfI TIVES
ft
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kt
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�-
C +'RTIFICATE OF LIABILITY INSURANCE flATI� BRr1412000
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Pinnacol Assurance
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
720 S Colorado Blvd
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Suite 100, North Tower
AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
DENVER CO 80246-1938
OMPANY
A Pinnacol Assurance
INSURED
OMPAM
G & I WAGNER ENTERPRISES INC
B
_
OMPANY
16 LETITIA TRAIL.
RED FEATHER LAKES CO 80545-0397
C
OMPANY
D
COVERAGES ,
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT, TERM AND CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO
TYPEOr1ASURANCE
POLICYNUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
LTR
DATC(nnnMll )
DATE(mm/Jdl Y )
GENEHALLIABILITY
GC'ERA1 AGGREGATE
PRODUCTS COMP/OPAGG
COMMERCIAL GENERAL LIABILITY
PERSONAL& ADV INJURY
_
CIAIMSMADC ❑ OCCUR
EACH Ol CIIRRENCE
OINER S & CONTRACTOR 5 PROT
FIRE DAMAGE (An me ldd
MED EXI'(A, n —.1
1UTGMODILL LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
BODILY INJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
C,, rt
BODILY IVORY
I IIRER AUTOS
NON OWNED AUTOS
( rar.udnul
PROPERTY DAMAGE
GARAGr LIABILITY
AUTOONLY EAACCIDEVT
OTtIER THAN AUTOONLY
ANY AUTO
EACH ACIOENT
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE
AGGREGATE
UMBRELLA FORM
OTHER THAN UMBRELLA Fl1RA1
WORKERS COMPENSATION AND
WC STATO L OTHER
EMPLOYLRS LIABILITY
TORT LIMITS
CL EACHACCIDEGT
$100 000
A
3136634
08/01/2000
08/01/2001
EL DISEASE POLICY LIMIT
RSOO UOO
THE PPOPRIETOR/PAR'TTRG I.
FL DISEASE FA EMPLOYEE
$100000
EXECUTIVE OFFlCCBS ARE EXCL
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
256 WEST MOUNTAIN AVE FT COLLINS CO 80521
SEE BACK OF CERTHIICA FE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL
mTIFICxmEB)LDm I. •• 1 1
CANCELLATION '
507270
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF FT COLLINS
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAR
ATTCN JOHN STEPHEN
_ DAYS WRITTEN NOTICE TO THC CERTIFICATE HOLDER NAMED TO THE LEFT,
P O BOX 580
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
FT COLLINS CO 80521
LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVI
AUTHORIZAR PRFSENTATI
Gary I Pon Pres n[
CORD 25S 1,.5J
ACORD CORPORATION, i 988..
If
GONLOREC CSR 5,MS, I ` IOJW 05 W 313034 UP'S'R51 IVI V R9612 JOBS UW 135
CERTIFICATES
9 00670Application for Exemption Certificate
N
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9 SECTION 00670
0 APPLICATION FOR EXEMPTION CERTIFICATE
Inselrt State certificate here
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DR 0172 (12J98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
A
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment,
supplies, and matenals which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and otherpenalties provided
by law
A separate certificate is required for each contract
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors (See reverse side )
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration Account No (to be assigned by DOR) Period
89 _ 0170-750 (999)
60NTR14CTOR INFORMATION',
Trade name/DBA
Owner partner, or corporate name
Mailing address (City, State, Zip)
Contact Person
E-Mail address
Federal Employers Identihcation Number
Bid amount for your contract
Colorado
Fax number
Business telephone number withholding tax account number
EXEMP;TION INFORMATION Copies of contractor agreement pages (11) identifying the contracting parties
- and (2) containing`signatures of contracting parties must be attached:','
Name of exempt organization (as shown on contract)
Exempt organizationls number
I 98 -
Address of exempt organization (City, State, Zip)
Principal contact at exempt organizabon
Principal contact's telephone number
Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located)
Scheduled Month Day Year Estimated Month Day Year
construction s,art date completion date
declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge
Signature or owner, partner or corporate officer
Tifle of corporate officer
Date
UU NUT WRITE BELOW THIS LINE
0
4' SECTION 00020
INVITATION TO BID
Date: October 17, 2000
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue,
Fort Collins, Colorado until 3:00 P.M., our clock, on November 7, 2000, for the
Meter Box Installation; Bid No. 5557.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for furnishing all labor, equipment., and materials
necessary to perform all work as one contract, all in accordance with the plans,
specifications, and other documents for the installation of standard meter boxes
or meter pits to be added to existing water service lines at various locations
throughout the City.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521.
Contract Documents will be available 10:00 a.m., Wednesday, October 18, 2000
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue,
Fort Collins, Colorado, 80521 upon payment of a refundable fee of Twenty-five
($25.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. The Daily Journal, 2000 S. Colorado Blvd Suite 2000, Denver, Colorado.
3. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO
4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
S. The Plan Room, 2176 South Jasmine St. Door "Ell/Suite 219, Denver, Colorado.
A prebid conference and ]ob walk with representatives of prospective Bidders will
be held at 1:00 p.m on Tuesday, October 24, 2000, at 700 Wood Street, Jetson
Room, Fort Collins, Colorado.
Prospective Bidders are invited to present their questions relative to this Bid
proposal at this meeting
Bids will be received as set forth in the Bidding Documents.
7/96 Section 00020 Page 1
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure
The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor Copies of all Certificates that the
prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a
minimum of three years and be available for inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
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SECTION 00700
GENERAL CONDITIONS
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GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No 1910-8 (1990 Edition), as a base Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted
r
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1�1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
49 WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Ff
TABLE OF CONTENTS OF GENERAL
CONDITIONS
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
1 DEFINITIONS
1
2 PRELIMINARY MATTERS
3
I 1
Addenda
1
21
Delivery of Bonds
3
1 2
1 3
Agreement „
Application for Payment
1
1
22
23
Copies of Documents
Commencement of Contract
3
1 4
Asbestos
1
Times, Notice to Proceed
3
1 5
Bid
1
24
Starting the Work
3
1 6
Bidding Documents
1
2 5-2 7
Before Starting Construction
1 7
Bidding Requirements
I
CONTRACTOR's Responsibility
1 8
Bonds
I
to Report, Preliminary Schediles,
gg
1 9
Change Order
1
Delivery of Certificates of
1 10
Contract Documents
1
Insurance;
3-4
1 11
Contract Price
1
2 8
Preconstruction Conference
4
1 12
113
Contract Times
CONTRACTOR
„ 1
1
29
initially Acceptable Schedules
4
1 14
defective
1
3 CONTRACT
DOCUMENTS INTENT,
1 15
Drawings
1
AMENDING, REUSE _„
4
1 16
Effective Date of the Agreement
1
3 1-3 2
Intent
4
1 17
ENGINEER
1
3 3
Reference to Standards and Speci-
1 18
ENGNEER's Consultant
1
fications of Technical Societies,
1 19
1 20
Field Order
General Requirements
1
2
Reporting and Resolving Dis-
crepancies
4-5
1 21
Hazardous Waste
-, 2
3 4
Intent of Certain Terms or
1 22 a
Laws and Regulations, Laws or
Adjectives
5
Regulations
2
3 5
Amending Contract Doctments
5
1 22 b
Legal Holidays
2
3 6
Supplementing Contract
1 23
Liens
2
Documents
5
1 24
Milestone
2
3 7
Reuse of Documents
5
1 25
Notice of Award
2
1 26
Notice to Proceed
„ 2
4 AVAILABILITY OF LANDS,
1 27
t 28
OWNER
Partial Utilization
2
2
SUBSURFACE AND PHYSICAL CONDITIONS,
REFERENCE POINTS „ 5
1 29
PCBs „
2
4 1
Availability of Lands
5-6
1 30
Petroleum
2
42
Subsurface: and Physical
1 31
Project
2
Conditions „
6
1 32 a
Radioactive Material
2
42 1
Reports and Drawings
6
132 b
Regular Working Hours
2
4 2 2
Limited Reliance by CONTRAC-
1 33
Resident Project Representative
2
TOR Authorized, Technical
134
Samples
2
Data
6
1 35
Shop Drawings
2
4 2 3
Notice of Differing Subsurface
1 36
Specifications
2
or Physical Conditions
6
1 37
Subcontractor
2
4 2 4
ENGINEER's Review
6
1 38
Substantial Completion
2
4 2 5
Possible Contract Documents
1 39
Supplementary Conditions
2
Change
6
1 40
Supplier
2
4 2 6
Possible Price and Times
s
1 41
Underground Facilities
2-3
Adjustments
E-7
1 42
Unit Price Work
3
4 3
Physical Conditions --Underground
143
Work
3
Facilities
7
1 44
Work Change Directive
3
43 1
Shown or Indicated
7
1 45
Written Amendment
3
43 _
Not Shown or Indicated
7
4 4
Reference Points
7
ii
E1CDC GENERAL CONDITIONS 1910-8 (1990
EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number &
Title
Number _
45
Asbestos, PCBs, Petroleum,
625
Submittal Proceedures, CON-
-
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material
7-8
to Shop Drawing or Sample
Submittal
16
5 BONDS AND INSURANCE
8
626
Shop Drawing & Sample Submit-
s 1-5 2
Performance, Payment and Other
tals Review by ENGINEER
16-17
Bonds
8
627
Responsibility for Variations
5 3
Licensed Sureties and Insurers,
From Contract Documents
17
Certificates of Insurance
8
628
Related Work Performed Prior
5 4
CONTRACTOR's Liability
to ENGNEER's Review and
Insurance
9
Approval of Required
5 5
OWNER's Liability Insurance
9
Submittals
... 17
5 6
Property Insurance
9-10
6 29
Continuing the Work
17
5 7
Boiler and Machinery or Addi-
6 30
CONTRACTOR's General
tional Property Insurance
10
Warranty and Guarantee
17
5 8
Notice of Cancellation Prousion
10
6 31-6 33
indemnification
17-18 "
5 9
CONTRACTOR's Responsibility
6 34
Survival of Obligations
18
for Deductible Amounts
10
5 10
Other Special Insurance
10
7 OTHER WORK
18
5 11
Waiver of Rights
11
7 1-7 3
Related Work at Site
18
5 12-5 13
Receipt and Application of
7 4
Coordination
18
Insurance Proceeds
10-11
5 14
Acceptance of Bonds and Insu-
8 OWNER'S
RESPONSIBILITIES
18
ance, Option to Replace
11
8 1
Communications to CON-
5 15
Partial Utilization --Property
TRACTOR
18 `
Insurance
11
8 2
Replacement of ENGINEER
18
8 3
Furnish Data andPay Promptly
6 CONTRACTOR'S
RESPONSIBILITIES
11
When Due
18
6 1-6 2
Supervision and Superintendence
it
8 4
Lands and Easements, Reports
6 3-6 5
Labor. Materials and Equipment
11-12
and Tests
18-19
6 6
Progress Schedule
12
8 5
Insurance
19
6 7
Substitutes and "Or -Equal" Items,
8 6
Change Orders
19
CONTRACTOR's Expense,
8 7
Inspections, Tests and
Substitute Construction
Approvals
19
Methods or Procedures,
8 8
Stop or Suspend Work,
ENGiNEER's Evaluation
12-li
Terminate CONTRACTOR's
_
6 8-6 11
Concerning Subcontractors,
Services
19
Suppliers and Others,
8 9
Limitations on OWNER'S
Waiver of Rights
13-14
Responsibilities
19
6 12
Patent Fees and Royalties
14
8 10
Asbestos, PCBs, Petroleum,
6 13
Permits
14
Hazardous Waste or
6 14
Laws and Regulations
14
Radioactive Material
19
6 15
Taxes
14-15
8 11
Evidence of Financal
6 16
Use of Premises
15
Arrangements
19
6 17
Site Cleanliness
15
6 18
Safe Structural Loading
15
9 ENGINEER'S STATUS DURING
6 19
Record Documents
15
CONSTRUCTION
19
6 20
Safety and Protection
15-16
9 1
OWNER's Representative
19
6 21
Safety Representative
16
9 2
Visits to Site
19
622
Hazard Communication Programs
16
9 3
Project Representative
19-21
6 23
Emergencies
16
9 4
Clarifications and Interpre-
6 24
Shop Drawings and Samples
16
tations
21
9 5
Authorized Variations in N6rk
21
m E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
V
a
Article or Paragraph
Number & Title
96
Rejecting Defective Work
9 7-9 9
Shop Drawings, Change Orders
and Payments
9 10
Determinations for Unit Prices
9 11-9 12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter
9 13
Limitations on ENGINEER's
Authority and Responsibilities
CHANGES IN THE WORK
10 1
OWNER's Ordered Change
10 2
Claim for Adjustment
10 3
Work Not Required by Contract
Documents _
104
Change Orders
10 5
Notification of Surety
Page Article or Paragraph
Number Number & Title
21
21
21-22
22
22-23
23
23
23
23
23
23
CHANGE OF CONTRACT PRICE
23
11 1-11 3
Contract Price, Claim for
Adjustment, Value of
the Work
23-24
11 4
Cost of the Work
24-25
11 5
Exclusions to Cost of the Work
25
11 6
CONTRACTOR's Fee
25
11 7
Cost Records
25-26
11 8
Cash Allowances
26
11 9
Unit Price Work
,_ 26
CHANGE OF CONTRACT TIMES
12 1
Claim for Adjustment
122
Time of the Essence
12 3
Delays Beyond CONTRACTOR's
Control
124
Delays Beyond OWNER's and
CONTRACTOR's Control
TESTS AND INSPECTIONS, CORRECTION
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13 1
Notice of Defects
13 2
Access to the Work
13 3
Tests and Inspections,
CONTRACTOR's Cooperation
13 4
OWNER's Responsibilities,
Independent Testing Laboratory
13 5
CONTRACTOR's
Responsibilities
13 6-13 7
Covering Work Prior to Inspec-
tion, Testing or Approval
13 8-13 9 Uncovering Work at ENGI-
Page
Number
NEER's Request
27-28
13 10
OWNER May Stop the Work
28
13 11
Correction or Removal of
Defective Work
28
13 12
Correction Period
28
13 13
Acceptance; of Defective Work
28
13 14
OWNER May Correct Defective
Work
28-29
14 PAYMENTS TO CONTRACTOR AND
COMPLETION
29
14 1
Schedule of Values
29
14 2
Application for Progress
Payment
29
14 3
CONTRACTOR's Warranty of
Title
29
14 4-14 7
Review of Applications for
Progress Payments
29-30
14 8-14 9
Substantial Completion
30
14 10
Partial Utilization
30-31
1411
Final Inspection
31
14 12
Final Application for Payment
31
14 13-14 14
Final Payment and Acceptance
31
14 15
Waiver of Claims
31-32
15 SUSPENSION OF WORK AND
TERMINATION
32
26
15 1 OWNER May Suspend Work
32
26
15 2-15 4 OWNER May Terminate
32
26
15 5 CONTRACTOR May Stop
Work or Terminate
32-33
26-27
16 DISPUTE RESOLUTION
33
27
17 MISCELLANEOUS
33
17 1 Giving Notice
.. 33
172 Computation of Times
33
27
17 3 Notice of Claim
33
.27
174 Cumulative Remedies
33
27
17 5 Professional Fees and Court
Costs Included
33
27
176 Applicable State Laws
33-34
Intentionally left blank
35
27
EXHIBIT GC -A (Optional)
27
Dispute Resolution Agieement
GC -Al
16 1-16 6 Arbitration
GC -Al
27
167 Mediation
GC -AI
IV
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance __ 5 14
defective Work 10 4 1, 13 5, 13 13
final payment 9 12, 14 15
insurance 5 14
other Work, by CONTRACTOR 7 3
Substitutes and "Or -Equal" Items 6 7 1
Work by OWNER 2 5, 6 30, 6 34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities 4 1
site, related Work 7 2
Work, 13 2, 13 14, 14 9
Acts or Omissions--, Acts and Omissions --
CONTRACTOR 691,9133
ENGINEER 6 20, 9 13 3
OWNER ¢ 20, 8 9
Addenda --definition of (also see
definition of Specifications) (1 6, 1 10, 6 19), 1 1
Additional Property Insurances 5 7
Adjustments—
Contract Price or Contract
Times 15,35,41,432,452,
4 5 3, 9 4, 9 5, 10 2-10 4,
11, 12, 148, 151
progress schedule 6 6
Aereement--
definition of 1 2
"All -Risk" Insurance, policy form 5 62
Allowances, Cash 11 8
Amending Contract Documents 3 5
Amendment, Written --
in general 1 10, 1 45, 3 5 5 10, 5 12 6 6 2
6 8 2, 6 19, 10 1, 10 4, 11 2
121, 13 122, 1472
Appeal, OWNER or CONTRACTOR
intent to 9 10, 9 11, 10 4, 16 2, 16 5
Application for Payment--
definition of 13
ENGINEER'S Responsibility .99
final payment 9 13 4, 9 13 5, 14 12-14 15
in eeneral 2 8, 2 9, 5 6 4, 9 10, 15 5
progress payment 14 1-14 7
review of 14 4-14 7
Arbitration 16 1-16 6
Asbestos --
claims pursuant thereto 4 5 2, 4 5 3
CONTRACTOR authorized to stop Work 4 5 2
definition of 1 4
Article or Paragraph
Number
OWNER responsibility for
45 1, 8 10
possible price and times change
4 5 2
Authorized Variations in Work
3 6, 6 25, 6 27, 9 5
Availability of Lands
4 1, 84
Award, Notice of --defined
1 25
Before Starting Construction
_2 5-2 8
Bid --definition of 1 5
(1 1, 1 10, 2 3, 3 3,
4264,613, 1143, 11 91)
Bidding Documents --definition
of
1 6 (6 8 2)
Bidding Requirements --definition
of
17(11,4262)
Bonds --
acceptance of
5 14
additional bonds
10 5, It 45 9
Cost of the Work
11 5 4
definition of
1 8
delivery of
2 1, 5 1
final Application for Payment
14 12-14 14
general
1 10, 5 1-5 3, 5 13,
913, 105, 1476
Performance, Payment and Other
j 1-5 2
Bonds and Insurance --in general
._ 5
Builder's risk "all-risk" policy form
5 62
Cancellation Provisions, Insurance
5 4 11, 5 S. 5 15
Cash Allowances
11 8
Certificate of Substantial Completion
1 38, 6 3023,
148, 14 10
Certificates of Inspection
9 13 4, 13 5, 14 12
Certificates of insurance 2 7,
5 3, 5 4 11, 54 13,
5 6 5, 5 8,
5 14, 9 13 4, 1412
Change in Contract Price --
Cash Allowances
11 8
claim for price
adjustment 4 I,
4 2 6, 4 5, 5 15, 6 8 2, 9 4
9 5, 9
11, 10 2, 10 5, 11 2, 13 9,
1313,
1314, 147, 151, 155
CONTRACTOR's fee
11 6
Cost of the Work
general
11 4-11 7
Exclusions to,
11 5
Cost Records
11 7
in general 1 19, 1 44, 9 11, 10 4 2, 1043, 11
Lump Sum Pricing
l 1 3 2
Notification of Surety
10 5
Scope of,
10 3-10 4
Testing and Inspection.
Uncovering the Work
13 9
EICDC GENERAL CONDITIONS 19I0-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99}-
Unit Prue Work
119
CONTRACTOR's Fee
116
Article or Paragraph
Article
or Paragraph
Number
Number
Value of Work
11 3
CONTRACTOR's liability 5 4,
6 12, 6 16, 6 31
Change in Contract Times--
Cost of the Work
11 4, 11 5
Claim for times adjustment
4 1, 4 2 6, 4 5, 5 15,
Decisions on Disputes
9 11, 9 12
6 8 2, 9 4, 9 5, 9
11, 10 2, 10 5, 12 1,
Dispute Resolution
16 1
13 9, 13 13, 13 14, 14 7, 15 1, 15 5
Dispute Resolution Agreement
16 1-16 6
Contractual time limits
122
ENGINEER as initial mterpretor
9 11
Delays beyond CONTRACTOR's
Lump Sum Pricing
I 1 3 2
control
12 3
Notice of
17 3
Delays beyond OWNER's and
OWNER's 9 4. 9 5, 9 11,
102, 11 2, 119
CONTRACTOR's control
Notification of surety
t2 4
10 5
12 1, 13 9, 13
OWNER's liability
13, 13 14, 173
5 5
Scope of change
10 3-10 4
OWNER may refuse to make payment
147
Change Orders -
Professional Fees and Court Costs
Acceptance ofDefective Work
13 13
Included
175
Amending Contract Documents
3 5
request for formal decision on
9 11
Cash Allowances
11 8
Substitute Items
6 7 1 2
Change of Contract Price
11
Time Extension
12 1
Change of Contract Times
12
Time requirements
9 11, 12 1
Changes in the Work
10
Unit Price Work
11 9 3
CONTRACTOR's fee
11 6
Value of
11 3
Cost of the Work
11 4-11 7
Waiver of --on Final Payment
14 14, 14 15
Cost Records
11 7
Work Change Directive
102
definition of
1 9
written notice required
9 11, 11 2, 12 1
emergencies
623
Clarifications and Interpretations
3 63, 94, 9 11
ENGINEER's responsibility
9 8, 104, 11 2, 12 1
Clean Site
6 17
execution of
104
Codes of Technical Society, Organization
indemnifiction 6 11 6 16, 6 31-6 33
or Association
3 3 3
Insurance, Bonds and
5 10, 5 13, 10 5
Commencement of Contract Times
2 3
OWNER may terminate
15 2-15 4
Communications--
OWNER's Responsibility
86, 104
general
6 16 9 2, 8 1
Phvsical Conditions--
Hazard Communication Programs
6 22
�I
Subsurmce and,
42
Completion—
Underground Facilities--
43 2
Final Application for Payment
14 12
Record Documents
Scope of Change
6 19
10 3-10 4
Final Inspection
Final Payment and Acceptance
14 11
14 13-14 14
Substitutes
6 73, 6 8 2
Partial Utilization
14 10
Unit Price Work
value of Work, covered by
11 9
11 3
Substantial Completion
Waiver of Claims
1 38, 14 8-14 9
14 15
Changes in the Work
10
Computation of Times
17 2 1-17.2 2
Notification of surety
105
Concerning Subcontractors, Suppliers
OWNER's and CONTRACTOR's
and Others
6 8-6 11
responsibilities
104
Conferences --
Right to an adjustment
102
initially acceptable schedules
.2 9
Scope of change
10 3-10 4
preconstruction
2 8
Claims--
Conflict, Error, Ambiguity, Discrepancy --
against CONTRACTOR
6 16
CONTRACTOR to Report
2 5, 3 3 2
against ENGINEER
632
Construction, before starting by
against OWNER
632
CONTRACTOR
2 5-2 7
Change ol'Contract Price
94, 11 2
Construction Machinery, Equipment, etc
64
Change of Contract Times
94, 12 1
Continuing the Work
629, 104
CONTRACTOWs 4, 7 1, 9 4, 9 5, 9 11, 102,
11 2, 11 9, 12 1, 13 9, 14 8,
Contract Documents--
Amending
3 5
15 1, 15 5, 17 3
Bonds
5 1
vi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
Dw/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances 11 8
Article or Paragraph
Number
Change of Contract Price
___ 11
Change of Contract Times
12
Changes in the Work
10 4-10 5
check and verify
25
Clarifications and
Interpretations 3 2, 3 6,
9 4, 9 11
definition of
1 10
ENGINEER as initial interpreter of
9 11
ENGINEER as OWNER'S representative
9 1
general3
Insurance
$ 3
Intent
3 1-3 4
minor variations in the Work
3 6
OWNER's responsibility to furnish data
8 3
OWNER's responsibility to make
prompt payment 83, 144,
14 13
precedence
3 1, 3 3 3
Record Documents
6 19
Reference to Standards and Specifications
of Technical Societies
3 3
Related Work
7 2
Reporting and Resolving Discrepancies
2 5, 3 3
Reuse of
3 7
Supplementing
3 6
Termination of ENGINEER's Employment
8 2
Unit Price Work
11 9
variations 3 6,
6 23, 6 27
Visits to Site, ENGINEER'S
9 2
Contract Price—
adjustment of 3 5, 4 1, 94, 10 3,
11 2-11 3
Change of
I
Decision on Disputes
911
definition of „
1 11
Contract Times --
adjustment of 3 5, 4 1, 9 4, 10 3, 12
Change of „
12 1-12 4
Commencement of „
2 3
definition of
112
CONTRACTOR --
Acceptance of Insurance
5 14
Communications
62, 6 9 2
Continue Work
629, 104
coordination and scheduling
6 9 2
definition of
1 13
Limited Reliance on Technical
Data Authorized
4 2 2
May Stop Work or Terminate
15 5
provide site access to others
72, 132
Safety and Protection 43 1 2,
6 16, 6 18,
621-623,72, 132
Shop Drawing and Sample Review
Prior to Submittal
625
Stop Work requirements 4 5 2
CONTRACTOR's-
Article or Paragraph
Number
Compensation
11 1-11 2
Continuing Obligation
14 15
Defective Work 9 6, 13
10-13 14
Duty to correct defective Work
13 11
Duty to Report --
Changes in the Work caused by
Emergency
623
Defects in Work of Others
7 3
Differing conditions
4 2 3
Discrepancy in Documents 2 5, 3 3 2, 6 14 2
Underground Facilities not indicated
43 2
Emergencies
6 23
Equipment and Machinery Rental, Cost
of the Work
11 4 5 3
Fee --Cost Plus 11 4 5 6, 11
5 1, 11 6
General Warranty and Guarantee
6 30
Hazard Communication Programs
622
Indemnification 6 12, 6 16,
6 31-6 33
Inspection of the Work ..73,
134
Labor, Materials and Equipment
6 3-6 5
Laws and Regulations, Compliance by
6 14 1
Liability Insurance
54
Notice of Intent to Appeal
9 10, 104
obligation to perform and complete
the Work
630
Patent Fees and Royalties, paid for by
6 12
Performance and Other Bonds
5 1
Permits, obtained and paid for by
6 13
Progress Schedule 2 6, 2 8, 2 9, 6 6,
6 29, 10 4, 15 2 1
Request for formal decisionon disputes
9 11
Responsibilities --
Changes in the Work
10 1
Concerning Subcontractors, Suppliers
and Others
6 8-6 11
Continuing the Work
629, 104
CONTRACTOR's expense
6 7 1
CONTRACTOR'S General Warranty
and Guarantee
630
CONTRACTOR's review prior to Shop
Drawing or Sample submittal
625
Coordination of Work
6 9 2
Emergencies
623
ENGINEER'S evaluation, Substitutes
or "Or -Equal" Items
6 73
For Acts and Omissions
of Others 6 9 1-6 9 2, 9 13
for deductible amounts, insurance
5 9
general 6, 72,
73, 8 9
Hazardous Communication Programs
622
Indemnification
6 31-6 33
L_
hi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991_
of
The work is expected to be commenced within the time as required by Section 2 3
of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills and
obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any -
informalities and irregularities therein
Bid security in the amount of $2,500.00 Bid must accompany each Bid in the form -
specified in the Instructions to Bidders
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real or
personal property, equipment, material, supplies or services where such officer
or employee exercises directly or indirectly any decision -making authority
concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City
of Fort Collins is prohibited
City of Fort Collins
B. O'Neill, II, CPPO
)umes
rchasing/Risk Management Director
7/96 Section 00020 Page 2
Labor, Materials and Equipment
6 3-6 5
CONTRACTORS --other
7
Laws and Regulations
6 14
Contractual Liability Insurance
$ 4 10
Liability Insurance
5 4
Contractual Time Limits
122
Article or
Paragraph
Number
Article
or Paragraph
Number
Notice of variation from Contract
Coordination—
Documents
627
CONTRACTOR's responsibility
6 9 2
Patent Fees and Royalties
6 12
Copies of Documents
2 2
Permits
6 13
Correction Period
13 12
Progres,, Schedule
66
Correction, Removal or Acceptance
Record Documents
6 19
of Defective Work --
related 'tVork performed prior to
in general 10 4 1,
13 10-13 14
ENGINEER's approval of required
Acceptance of Defective Work
13 13
submittals
628
Correction or Removal of
safe structural loading
6 18
Defective Work
630, 13 11
Safety and Protection 6 20,
72, 132
Correction Period
13 12
Safety Representative
6 21
OWNER May Correct Defective Work
13 14
Scheduling the Work
6 9 2
OWNER May Stop Work
13 10
Shop Drawings and Samples
624
Cost --
Shop Drawings and Samples Review
by ENGINEER
626
of Tests and Inspection$
Records l l 7
134
Site Cleanliness
6 17
Cost of the Work--
Submittal Procedures
6 25
Bonds and insurance, additional
11 4 5 9
Substitute Construction Methods
Cash Discounts
1142
-
and Procedures
6 72
CONTRACTOR's Fee
11 6
Substitutes and "Or -Equal" items
6 7 1
Employee Expenses
11 4 5 1
Superintendence
6 2
Exclusions to
11 5
Supervision
61
General 11 4-11 5
Survive I of Obligations
__6 34
Home office and overhead expenses
11 5
Taxes
6 15
Losses and damages
11 4 5 6
Tests and Inspections
13 5
Materials and equipment
„ It 4 2
To Report
2 5
Minor expenses
11 4 5 8
Use of Premises 6 16-6 18,
6 3024
Pavroll costs on changes
1 1 4 1
Review Prior to Shop Drawing or
performed by Subcontractors
11 43
Sample Submittal
6 25
Records I 1 7
Right to adjustment for changes in the Work
10 2
Rentals of construction equipment
'
right to claim 4, 7 1, 9 4, 9 5, 9 11,
11 9 12 1, 13 9, 14 8, 15 1,
10 2,11 2,
15 5, 17 3
and machinery
Royalty payments, permits and
11 4 5 3
Safety and Protection 6 20-6 22,
7 2, 13 2
license fees
11 4 5 5
Safety Representative
621
Site office and temporary facilities
11 4 5 2
Shop Drawings and Samples Submittals
6 24-6 28
Special Consultants CONTRACTOR's
11 4 4
Special Consultants
114 4
Supplemental
11 4 5
Substitute Construction Methods and Procedures
6 7
Taxes related to the Work
11 4 5 4
Substitutes and "Or -Equal" items,
Expense 6
7 1, 6 7 2
Tests and Inspection
Trade Discounts
13 4
11 4 2
Subcontractors, Suppliers and Others
6 8-6 11
Utilities, fuel and sanitary facilities
11 4 5 7
Supervision and Superintendence 6 1,
6 2, 6 21
Work after regular hours
11 4 1
Taxes, Payment by
6 15
Covering Work
13 6-13 7
Use of Premises
6 16-6 18
Cumulative Remedies
17 4-17 5
Warranties and guarantees
6 5, 6 30
Cutting, fitting and patching;
7 2
Warranty of Title
14 3
Data, to be furnished by OWNER
8 3
Written Notice Required--
Day --definition of
1722
CONTRACTOR stop Work or terminate
15 5
Decisions on Disputes
9 11,9 12
Reports of Differing Subsurface
defective --definition of
1 14
and Physical Conditions
4 2 3
defective Work --
Substantial Completion
__ 14 8
Acceptance of
104 1, 13 13
Vill
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
.v/ CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99)
Correction or Removal of 104 1, 13 11 OWNER's Representative
Correction Period 13 12 Payments to the CONTRACTOR,
in general 13, 14 7, 14 11 Responsibility for
Recommendation of Payment
Article or Paragraph
Number
Observation by ENGINEER
__ 9 2
OWNER May Stop Work
„ 13 10
Prompt Notice of Defects
13 1
Rejecting
96
Uncovering the Work
13 8
Definitions
._ 1
Delays 14 1, 629, 12 3-12 4
Delivery of Bonds
2 1
Delivery of certificates of insurance
2 7
Determinations for Unit Prices
9 10
Differing Subsurface or Physical Conditions --
Notice of
4 2 3
ENGINEER's Review
4 2 4
Possible Contract Documents Change
4 2 5
Possible Price and Times Adjustments
4 2 6
Discrepancies -Reporting
and Resolving 2 5, 3
3 2, 6 142
Dispute Resolution --
Agreement
16 1-16 6
Arbitration
16 1-16 5
genera116
Mediation
166
Dispute Resolution Agreement
16 1-16 6
Disputes, Decisions by ENGINEER
9 11-9 12
Documents --
Copies of
22
Record 6 19
Reuse of
3 7
Drawings --definition of
1 15
Easements
.4 1
Effective date of Agreement -- definition of
1 16
Emergencies
623
ENGINEER --
as initial interpreter on disputes
9 11-9 12
definition of
1 17
Limitations on authority and responsibilities 9 13
Replacement of,
8 2
Resident Project Representative
9 3
ENGINEER's Consultant -- definition of
1 18
ENGINEER's--
authority and responsibility, limitations on
9 13
Authorized Variations in the Work
9 5
Change Orders, responsibility for 97,
10, 11, 12
Clarifications and Interpretations
3 6 3, 94
Decisions on Disputes
9 11-9 12
defective Work, notice of
13 1
Evaluation of Substitute Items
6 7 3
Liability
632, 9 12
Notice Work is Acceptable
_14 13
Observations
6302, 92
ix
Eff
99, 14
144, 14 1-)
Article or Paragraph
Number
Responsibilities --Limitations on
9 11-9 13
Review of Reports on Differing Subsurface
and Physical Conditions
4 2 4
Shop Drawings and Samples, review
responsibility
626
Status During Construction --
authorized variations in the Work
95
Clarifications and Interpretations
94
Decisions on Disputes
9 11-9 12
Determinations on Unit Price
9 10
ENGINEER as Initial Interpreter
9 11-9 12
ENGiNEER's Responsibilities
9 1-9 12
Limitations on ENGINEER's Authority
and Responsibilities
-9 13
OWNER's Representative
9 l
Project Representative
9 3
Rejecting Defective Work
96
Shop Drawings Change Orders
and Payments
9 7-9 9
Visits to Site
92
Unit Price determinations
9 10
Visits to Site
92
Written consent required,
_ 7 2, 9 1
Equipment, Labor, Materials and
6 3-6 5
Equipment rental, Cost of the Work
11 4 5 3
Equivalent Materials and Equipment
67
error or omissions
633
Evidence of Financial Arrangements
8 11
Explorations of physical conditions
42 1
Fee CONTRACTOR's--Costs Plus
11 6
Field Order --
definition of
1 19
issued by ENGINEER
3 6 1, 95
Final Application for Payment
.14 12
Final Inspection
14 11
Final Payment --
and Acceptance
14 13-14 14
Prior to, for cash allovances
11 8
General Provisions
17 3-17 4
General Requirements --
definition of
1 20
principal references to 26, 64, 6 6-6 7, 624
Giving Notice
17 1
Guarantee of Work --by CONTRACTOR
630, 14 12
Hazard Communication Programs
022
Hazardous Waste --
definition of
1 21
general
.45
OWNER's responsibility for
8 10
I_
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99),
fl
indemnification 6 12, 6 16,
6 31-6 33
Insurance
5 3
Initially Acceptable Schedules
.29
Precedence
} 1, 3 3 3
Inspection--
Reference to
3 3 1
Certificates of .9 13 4, 13
5, 14 12
Safety and Protection
6 20, 13 2
Final
14 11
Subcontractors, Suppliers and Others
6 8-6 11
Article or
Paragraph
Article or
Paragraph
Number
ANumber
1�
Special, required by ENGINEER
9 6
Tests and Inspections
13 5
Tests and Approval 8 71
13 3-13 4
Use of Premises
6 16
p�
Insurance--
Visits to Site
9 2
ffiA�
Acceptance of, by OWNER
5 14
Liability Insurance --
Additional, required by changes
CONTRACTOR's
5 4
in the Work
11 45 9
OWNER's
S 5
Before starting the Work
2 7
Licensed Sureties and Insurer,
5 3
Bonds and --in general
5
Liens --
Cancellation Provisions
5 8
Application for Progress Payment
1,4 2
Certificates of 2 7, 5, 5 3, 5 4
11, 5 4 13,
CONTRACTOR's Warranty of Title
143
5 6 5, 5 8. 5 14, 9
13 4 14 12
Final Application for Payment
14 12
completed operations
5 4 13
definition of
1 23
CONTRACTOR's Liability
CONTRACTOR's objection to coverage
54
5 14
Waiver of Claims
Limitations on ENGINEER's authority and
14 15
Contractual Liability
54 10
responsibilities
9 13
deductible amounts, CONTRACTOR's
responsibility
59
Limited Reliance by CONTRACTOR
Authorized
4 2 2
Final Application for Payment
14 12
Maintenance and Operating Manuals --
Licensed Insurers
5 3
Final Application for Payment
14 12
Notice requirements, material changes
5 8, 10 5
Manuals (of others) --
Option to Replace
5 14
Precedence
3 3 3 1
other special insurances
5 10
Reference to in Contract Document$
3 1
OWNER as fiduciary for insureds
OWNER's Liability
5 12-5 13
5 5
Materials and equipment--
furnished by CONTRACTOR
6 3
OWNER's Responsibility
8 5
not incorporated in Work
142
Partial Utilization, Property Insurance
5 15
Materials or equipment --equivalent
6 7
Property
5 6-5 10
Mediation (Optional)
16 7
Receipt and Application of Insurance
Milestones --definition of
1 24
Proceeds
5 12-5 13
Miscellaneous --
Special Insurance
5 10
Computation of Times
172
-.
Waiver of Rights
5 11
Cumulative Remedies :.
17 4
Intent of Contract Documents
j 1-3 4
Giving Notice
17 1
Interpretations and Clarifications
3 11,94
Notice of Claim
17 3
Investigations of physical conditions
4 2
Professional Fees and Court Costs Included
175
Labor, Materials and Equipment
6 3-6 5
Multi -prime contracts
7
Lands--
Not Shown or Indicated
4 3 2
and Easements -
8 4
Notice of --
Availability of
4 1, 8 4
Acceptability of Project
14 13
Reports and Tests
8 4
Award, definition of
1 25
Laws and Regulations --Laws or Regulations--
Claim
17 3
Bonds
5 1-5 2
Defects,13 1
Changes in the Work
10 4
Differing Subsurface or Physical Condition$
4 2 3
Contract Documents
3 1
Giving
17 1
CONTRACTOR's Responsibilities
6 14
Correction Period, defective Work
13 12
Tests and Inspections
13 3
Cost of the Work, taxes
.11 45 4
Variation. Shop Drawing and Samplg
627
definition of
genera16 14
1 22
Notice to Proceed--
definition of
1 26
Indemnification
6 31-6 33
giving of
2 3
EJCDC GENERAL CONDITIONS 1910-8
w/ CITY OF FORT COLLINS MODIFICATIONS
(1990 EDITION)
(REV 9/99)
Notification to Surety
10 5
Observations, by ENGINEER
630,92
Occupancy of the Work
5 15, 6 30 2 4, 14 10
Omissions or acts by CONTRACTOR 69, 9 13
Open Peril policy form, Insurance
5 62
Option to Replace
5 14
Article or Paragraph
Number
"Or Equal" Items
67
Other work 7
Overtime Work --prohibition of
6 3
OWNER --
Acceptance ofdefective Work
13 13
appoint an ENGINEER
82
as fiduciary
5 12-5 13
Availability of Lands, responsibility
4 l
definition of
1 27
data, furnish
8 3
May Correct Defective Work
13 14
May refuse to make payment
147
May Stop the Work
13 10
May Suspend Work,
Terminate 8 8, 13 10,
15 1-15 4
Payment, make prompt 8 3, 14
4, 14 13
performance of other work
7 1
permits and licenses, requirements
6 13
purchased insurance requirements
5 6-5 10
O WNER's--
Acceptance of the Work
.6 30 2 5
Change Orders, obligation to execute
8 6, 10 4
Communications
8 1
Coordination of the Work
74
Disputes, request for decision
9 11
Inspections, tests and approvals
8 7, 13 4
Liability Insurance
5 5
Notice of Defects
li 1
Representative --During Construction,
ENGINEER's Status
9 1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
8 10
Change Orders
8 6
Changes in the Work
10 1
communications
8 1
CONTRACTOR's responsibilities
8 9
evidence of financial arraneements
8 11
inspections, tests and approval$
8 7
insurance
8 5
lands and easements
8 4
prompt payment by
8 3
replacement of ENGINEER
$ 2
reports and tests
8 4
stop or suspend Work 8 8, 13
10, 15 1
terminate CONTRACTOR's
services
8 8, 15 2
separate representative at site
9 3
ri
testing, independent
use or occupancy
of the Work
written consent or approval
required,
134
5 15, 6 30 2 4, 14 10
91,63, 114
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99),
0
Ell
Article or Paragraph
Number
written notice required
7 1, 9 4, 9 11,
11 2,
11 9, 14 7, 15 4
PCBs --
definition of
1 29
general
45
OWNER's responsibility for
.8 10
Partial Utilization --
definition of
1 28
general 6 30 2 4, 14 10
Property Insurance
5 15
Patent Fees and Royalties
6 12
Payment Bonds
5 1-5 2
Payments, Recommendation of
14 4-14 7, 14 13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments
142
CONTRACTOR's Warranty of Title
143
Final Application for Payment
14 12
Final Inspection
14 11
Final Payment and Acceptance
14 13-14 14
general
$ 3, 14
Partial Utilization
14 10
Retamage
142
Review of Applications for
Progress Payments
.14 4-14 7
prompt payment
8 3
Schedule of✓alues
14 1
Substantial Completion
14 8-14 9
Waiver of Claims
14 15
when payments due
144, 14 13
withholding payment
147
Performance Bonds
5 1-5 2
Permits
6 13
Petroleum --
definition of
1 30
general
„4 5
OWNER's responsibility for
8 10
Physical Conditions --
Drawings of, in or relating to
42 1 2
ENGINEER's review
4 2 4
existing structures
4 2 2
general 4 2 t 2
Notice of Differing Subsurface or,
4 2 3
Possible Contract Documents Change
4 2 5
Possible Price and Times Adjustments
4 2 6
Reports and Drawings
42 1
Subsurface and,
4 2
Subsurface Conditions
4 2 I 1
Technical Data, Limited Reliance by
CONTRACTOR Authorized
4 2 2
Underground Facilities --
general
43
Not Shown or Indicated
43 2
Protection of
43, 620
Article or Paragraph
Number
Shown or Indicated
43 1
Technical Data
4 2 2
Preconstruction Conference
2 8
Preliminary Matters
2
Preliminary Schedules
26
Premises, Use of
6 16-6 18
Price, Change of Contract
11
Price, Contract --definition of
111
Progress Payment, Applications for
142
Progress Payment --retain age
142
Progress schedule CONTRACTOR's
2 6, 2 8, 2 9,
6 6, 6 29,
10 4, 15 2 1
Project --definition of
1 31
Project Representative_
ENGINEER's Status DurmeConstruction 93
Project Representative, Resident --definition
of 1 33
prompt payment by OWNER
8 3
Property Insurance --
Additional
$ 7
general5 6-5 10
Partial Utilization
5 15, 14 10 2
receipt and application of proceeds
5 12-5 13
Protection. Safety and 6
20-6 21, 13 2
Punch list
14 11
Radioactive Material--
defintion of
1 32
genera 14 5
OWNER's responsibility for
8 10
Recommendation of Payment 14 4, 14 5, 14 13
Record Documents
6 19, 14 12
Records, procedures for maintaining
2 8
Reference Points
44
Reference to Standards and Specifications
of Technical Societies
3 3
Regulations, Laws and (or)
6 14
Rejecting Defective Work
96
Related Work --
at Site
7 1-7 3
Performed prior to Shop Drawings
and Samples submittals review
628
Remedies, cumulative
174, 175
Removal or Correction ofDefective Work
13 11
rental agreements, OWNER approval required 11 4 5 3
replacement of ENGINEER, by OWNER
82
Reporting and Resolving
Discrepancies 2 5
3 3 2, 6 14 2
Reports --
and Drawings
42 l
and Tests. OWNER's responsibility
8 4
Resident and Project Representative --
definition of
1 33
provision for 93
eu
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's 62
Responsibilities—
CONTRACTOR's-m general 6
ENGINEER's-in general
9
Limitations on
9 13
OWNER's-in general
8
Retainage
142
Reuse of Documents
3 7
Review by CONTRACTOR Shop Drawings
and Samples Prior to Submittal
6 25
Review of Applications for
Progress Payments
14 4-14 7
Right to an adjustment
102
Rights of Way
4 1
Royalties, Patent Fees and
6 12
Safe Structural Loading
6 18
Safety --
and Protection
4 3 2, 6 16, 6 18,
6 20-6 21, 72, 13 2
general
6 20-6 23
Representative, CONTRACTOR's
¢ 21
Samples --
definition of
1 34
general
6 24-6 28
Review by CONTRACTOR
._6 25
Review by ENGINEER
626,627
related Work
628
submittal of
6 24 2
submittal procedures
625
Schedule of progress
26, 2 8-2 9, 6 6,
6 29, 10 4, 15 2 1
Schedule of Shop Drawing and Sample
Submittals 2 6,
2 8-2 9, 6 24-6 28
Schedule of Values
2 6, 2 8-2 9, 14 1
Schedules --
Adherence to
15 2 1
Adjusting
6 6
Change of Contract Times
104
initially Acceptable
28,29
Preliminary
2 6
Scope of Changes
10 3-10 4
Subsurface Conditions
42 11
Shop Drawings --
and Samples, general
6 24-6 28
Change Orders & Applications for
Payments, and
9 7-9 9
definition of
135
ENGiNEER's approval of
3 62
ENGINEER's responsibility
for review
9 7, 6 24-6 28
related Work
6 28
review procedures
__2 8, 6 24-6 28
Article or Paragraph
Number
submittal required
6 24 1
Submittal Procedures
625
use to approve substitutions
.6 7 3
Shown or Indicated
43 1
Site Access
72, 13 2
Site Cleanliness
¢ 17
Site, Visits to --
by ENGINEER
92, 132
by others
13 2
"special causes of loss" policy form,
insurance
5 6 2
definition of
J 36
Specifications—
defination of
136
of Technical Societies, reference tp
3 1
precedence
3 3 3
Standards and Specifications
of Technical Societies
3 3
Starting Construction, Before
.2 5-2 8
Starting the Work
2 4
Stop or Suspend Work --
by CONTRACTOR
15 5
by OWNER 8 8,
13 10, 15 1
Storage of materials and equipment
4 1, 72
Structural Loading, Safety
6 18
Subcontractor --
Concerning,
6 8-6 11
definition of
1 37
delays
123
waiver of rights
6 11
Subcontractors --in general
6 8-6 11
Subcontracts --required provisions 5 11,
6 11, 11 4 3
Submittals --
Applications for Payment
142
Maintenance and Operation Manuals
1412
Procedures
625
Progress Schedules
26,29
Samples
6 24-6 28
Schedule of Values
26, 14 1
Schedule of Shop Drawings and Samples
Submissions
2 6, 2 8-2 9
Shop Drawings
6 24-6 28
Substantial Completion --
certification of 6 30 2
3, 14 8-14 9
definition of
138
Substitute Construction Methods or Procedures 6 7 2
Substitutes and "Or Equal" items
..6 7
CONTRACTOR's Expense
¢ 7 1 3
ENGiNEER's Evaluation
6 7 3
"Or -Equal"
67 11
Substitute Construction Methods
t
xiu EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/90�-
ra
Temporary construction facilities
4 1
Article
or Paragraph
Article or Paragraph
Number
Number
or Procedures
6 7 2
Termination --
Substitute Items
67 12
by CONTRACTOR
15 5
Subsurface and Physical Conditions--
by OWNER
8 8, 15 1-15 4
Drawings of, in or relatng to
42 12
of ENGiNEER's employment
.82
ENGINEER's Review
4 2 4
Suspension of Work-in general
15
general __ _„
.42
Terms and Adjectives
j 4
Limited Reliance by CONTRACTOR
Authorized
42 2
Tests and Inspections --
Access to the Work, by others
13 2
Notice of Diflering Subsurface or
CONTRACTOR's responsibilities
13 5
Physical Conditions
4 2 3
cost of 13 4
Physical Conditions
42 L2
covering Work prior to
13 6-13 7
Possible Contract Documents Change
4 2 5
Laws and Regulations (or)
13 5
Possible Price and Times Adjustments
4 2 6
Notice of Defects
I3 1
Reports and Drawings
42 1
OWNER May Stop Work
„ 13 10
Subsurface and
42
OWNER's independent testing
.134
Subsurface Conditions at the Site
42 1 1
special, required by ENGINEER
96
Technical Data
4 2 2
timely notice required
13 4
Supervision--
Uncovering the Work, at ENGINEER's
V
CONTRACTOR's responsibility
6 1
request
13 8-13 9
OWNER shall not supervise
8 9
Times --
ENGINEER shall not supervise
9 2, 9 132
Adjusting
66
Superintendence
62
Change of Contract
12
Superintendent, CONTRACTOR's resident
62
Computation of
17 2
Supplemental costs
11 45
Contract Times --definition of
1 12
i
Supplementary Conditions--
day
1722
definition of
1 39
Milestones
12
_
principal references to 1 10, 1
18, 2 2, 2 7,
Requirements--
4 2, 4 3, 5 1, 5 3,
5 4, 5 6-5 9,
appeals
9 10, 16
5 11, 6 8, 6 13, 7 4, 8
11, 93, 9 10
clarifications,
Supplementing Contract Documents
3 6
claims and disputes
9 11, 11 2, 12
Commencement of Contract Times 23
QSupplier--
,
definition of
1 40
Preconstruction Conference
2 8
principal references to 3 7, 65, 6
8-6 11 6 20,
schedules
2 6, 2 9, 66
624,
9 13, 14 12
Starting the Work
24
Waiver of Rights
6 11
Title, Warranty of
143
Surety-
Uncovering Work
13 8-13 9
consent to final payment
14 12, 14 14
Underground Facilities, Physical Conditions
-
ENGINEER has no duty to
9 13
definition of
1 41
Notification of 10
1, 10 5, 15 2
Not Shown or Indicated
43 2
qualification of
5 1-5 3
protection of
43,620
Survival of Obligations
Suspend Work, OWNER May
6 34
13 10, 15 1
Shown or Indicated
Unit Price Work --
43 1
Suspension of Work and Termination--
15
claims
11 9 3
CONTRACTOR May Stop Work
definition of
1 42
or Terminate
15 5
general l 1 9, 14 1, 145
OWNER May Suspend Work
15 1
Unit Prices --
OWNER May Terminate.
15 2-15 4
general 11 3 1
Taxes --Payment by CONTRACTOR
6 15
Determination for
9 10
«`
Technical Data--
Use of Premises
6 16, 6 18, 6 30 2 4
Limited Reliance by CONTRACTOR
4 2 2
Utility owners 6 13, 6 20, 7 1-7 3, 13 2
Possible Price and Times Adjustments
4 2 6
Utilization, Partial 128, 5 15, 6 30 2 4, 14 10
Reports of Differing Subsurface and
Value of the Work
11 3
Physical Conditions
4 2 3
Values, Schedule of
? 6, 2 8-2 9, 14 1
cry
EJCDC GENERAL CONDITIONS
1910-8 (1990 EDITION)
w/ CITY OF FORT COLLIN'S
MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized
625, 627, 95
Article or Paragraph
Number
Visits to Site --by ENGINEER
„ 92
Waiver of Claims --on Final Payment
14 15
Waiver of Rights by insured parties
5 11, 6 11
Warranty and Guarantee, General --by
CONTRACTOR
630
Warranty of Title, CONTRACTOR's
14 3
Work --
Access to
13 2
by others,
7
Changes in the
10
Continuing the,
629
CONTRACTOR May Stop Work
or Terminate
15 5
Coordination of
74
Cost of the,
11 4-11 5
definition of
1 43
neglected by CONTRACTOR
13 14
other Work
7
OWNER May Stop Work
13 10
OWNER May Suspend Work
13 10 15 1
Related, Work at Site
7 1-7 3
Starting the.
24
Stopping by CONTRACTOR
15 5
Stopping by OWNER
15 1-15 4
Variation and deviation authorized, minor 3 6
Work Change Directive --
claims pursuant to
102
definition of
144
principal references to
3 5 3. 10 1-10 2
Written Amendment --
definition of
1 45
principal references to 1
10, 3 5, 5 10,15 12,
662,682,619,
101, 104,
11 2, 12 1, 13 12 2, 14 7 2
Written Clarifications and
Interpretations
3 6 3, 9 4, 9 11
Written Notice Required --
by CONTRACTOR
7 1, 9 10-9 11,
10 4, 11 2, 12 1
by OWNER 9 10-9 11,
10 4, 11 2, 13 14
YV
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99}
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11
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w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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SECTION 00100
INSTRUCTIONS TO BIDDERS
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GENERAL CONDITIONS
ARTICLE 1--DEFLNITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof
1 1 Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents
1 2 Agreement --The written contract between OWNER
and CONTRACTOR covering the Work to be performed,
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein
1 3 Application for Payment --The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents
1 4 Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration
1 5 Bid —'The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed
16 Bidding Documents --The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids)
17 Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form
1 8 Bonds --Performance and Payment bonds and other
instruments of security
1 9 Change Order --A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1 10 Contract Documents --The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR'S Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically Identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3 5, 3 6 1 and 3 6 3 on or after the Effective
Date of the Agreement Shop Drawing submittals
approved pursuant to paragraphs 6 26 and 6 27 and the
reports and drawings referred to in paragraphs 4 2 1 and
4 2 2 are not Contract Documents
111 Contract Price --The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 1 1 9 1 in the case of Unit Price Work)
1 12 Contract Tinies--The numbers of days or the
dates stated in the Agreement (I) to achieve Substantial
Completion, and (it) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
wntten recommendation of final payment in accordance
with paragraph 14 13
1 13 CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement
1 14 defective --An adjective which when modifying
the woi d Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14 8 or 14 10)
1 15 Drmvings--The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents Shop drawings are not
Drawings as so defined
1 16 Effective Date of the Agreement --The date
mdica..ed in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver
1 17 ENGINEER --The person, firm or corporation
named as such in the Agreement
1 18 ENGINEER s Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions
1 19 Field Order --A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9 5 but which does not involve
a change in the Contract Price or the Contract Times
0
1954 (42 USC Section 2011 et seq ) as amended from
time to time
1 20 General Requirements --Sections of Division l of
the Specifications
1 21 Hazardous Waste --The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time
1 22 a Laws and Regulations, Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1 22 b, Legal Holidays--shall be those holidays observed
by the Citv of Fort Collins
123 Liens --Liens, charges, security interests or
encumbrances upon real property or personal property
124 Milestone --A principal event specified in the
Contract Documents relatmg to an intermediate completion
date or time prior to Substantial Completion of all the
Work
1 25 Notice of Award --A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified.
OWNER will sign and deliver the Agreement
126 Notice to Proceed --A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents
127 OWNER --The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided
128 Partial Utilization --Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work
1 29 PCBs --Polychlorinated biphenyls
1 30 Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14 7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils
1 31 Project --The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents
1 32 a Radioactive Matertal--Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
2 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1 32 b Regular Working Hours --Regular workme hours
are defined as 7 00am to 6 OOom unless otherwise
specified in the General Requirements
1 33 Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
134 Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
135 Shop Drawings --All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Woik
1 36 Specifications --Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto
1 37 Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site
138 Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGiNEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended, or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGiNEER's written recommendation of
final payment in accordance with paragraph 14 13 The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof
139 Supplementary Conditions --The part of the
Contract Documents which amends or supplements these
General Conditions
140 Supplier --A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor
141 Underground Facilities --All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
I
i
materials electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water
1 42 Unit Price Work --Work to be paid for on the basis
of unit prices
1 43 Wotk--The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction. and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents
144 Work Change Directive --A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4 2 or 4 3 or to
emergencies under paragraph 6 23 A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
0effect, if any, on the Contract Price or Contract Tunes as
provided in paragraph 10 2
0
HT
0
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C
145 Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonenguieering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents
ARTICLE 2--PRELIMINARY MATTERS
Delivery of Bonds:
21 When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5 1
Copies of Documents:
22 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work Additional copies
will be furnished, upon request, at the cost of reproduction
Commencement of Contract Times; Notice to Proceed:
23 The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement i no event n the Gent_aet Times
eemmence to Fun latef than the spitieth d a fie the d
opening "
ef the AgFeemefit whiehever date is earlier
Starting the Work:
2 4 CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run
Before Starting Construction•
25 Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby, however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof
26 Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review
26 1 a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents,
2 6 2 a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal,
2 6 2 1 in no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer
2 6 3 A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work
27 Before anv Work at the site is started,
CONTRACTOR e a OOWN—PE.R shall ea -eh deliver to the
ether OWNER with copies to each additional in
tder:.f^a !I, the c• c.., ... C ENGINEER,
certificates of insurance (and other evidence of insurance
reasenably —`equest requested by OWNER) which
CONTRACTOR an ^""`�^'"' '" "'e is required
to purchase and maintain in accordance with
paragraphs 5 4, `and am` 7
Preconstruction Conference:
28 Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2 6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records
Initially Acceptable Schedules:
29 Unless otherwise provided in the Contract
Documents, at least ten days L,,,fe Fe submission of the f!Fq
before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as apprepriaw designated by OWNER, will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2 6 and Division I - General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or reheve
CONTRACTOR from CONTRACTOR's full
responsibility therefor CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance
ARTICLE 3—CONTRACT DOCUMENTS. INTENT,
AMENDING, REUSE
Intent:
31 The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work The Contract Documents are
complementary, what is called for by one is as binding as if
called for by all The Contract Documents will be
construed in accordance with the law of the place of the
Project
3 2 It is the intent of the Contract Documents to
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9 4
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3 3 1 Reference to standards, specifications,
manuals or codes of anv technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents
3 3 2 If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6 5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6 23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3 5 or 3 6, provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof
3 3 3 Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3 5 or 3 6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and
3 3 3 1 the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents), or
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3 3 3 2 the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an Interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation)
3 3 4 In the event of conflicting or ambiguous
provisions within the Contract Documents,
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER. or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9 13 or any other provision of the
Contract Documents
34 Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise) The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9 13 or any other provision of the
Contract Documents
Amending and Supplementing Contract Documents:
3 5 The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways
3 5 1 a formal Written Amendment,
3 5 2 a Change Order (pursuant to paragraph 10 4),
or
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
3 5 3 a Work Change Directive (pursuant to
paragraph 10 1)
3 6 In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized in one or
more of the following ways
3 6 1 A Field Order (pursuant to paragraph 9 5),
3 6 2 ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6 26 and 6 27), or
3 63 ENGINEER's written interpretation or
clarification (pursuant to paragraph 9 4)
Reuse of Documents:
3 7 CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (I) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (it) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4 vailabrkty of Lands
4 1 OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR Upon reasonable
GAW.rcn sh-an r . i rnwrrn rno
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OWNER shall identify anv encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles I and 12
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment
4.2. Subsurface and Physical Conditions:
42 1 Reports and Drawings Reference is made to
the Supplementary Conditions for Identification of
4 2 1 1 Subsurface Conditions Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents,
and
42 12 Physical Conditions Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents
4 2 2 Limited Reliance by CONTRACTOR Authorized,
Technical Data CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents Such "technical data" is identified in
the Supplementary Conditions Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to
4 2 2 1 the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4 2 2 2 other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4 2 2 3 any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information
4 2 3 Nonce of Differing Subsurface or Physical
Conditions If CONTRACTOR believes that anv
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either
4 2 3 1 is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4 2 1 and
4 2 2 is materially inaccurate, or
4 2 3 2 is of such a nature as to require a
change in the Contract Documents, or
4 2 3 3 differs materially from that shown or
6 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4 2 3 4 is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents, then
CONTRACTOR shall, pfemptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6 23), notify OWNER and
ENGINEER in writing about such condition
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so
424 ENGiNEER's Review ENGINEER will
promptly review the pertinent conditions, determine the
necessity ofOWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions
4 2 5 Possible Contract Documents Change If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4 2 3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change
4 2 6 Possible Price and Times Adjustments An
equitable adjustment in the Contract Price or in the
Contract Times, or both will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of, the Work, subject,
however, to the following
4 2 6 1 such condition must meet any one or
more of the categories described in
paragraphs 4 2 3 1 through 4 2 3 4, inclusive,
4 2 6 2 a change in the Contract Documents
pursuant to paragraph 4 2 5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment,
4 2 6 3 with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9 10 and 11 9, and
4 2 6 4 CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4 2 6 4 1 CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract, or
42642 the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination. investigation. exploration
test or study of the site and contiguous
areas required by the Biddme
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment, or
42643 CONTRACTOR failed to
t� give the written notice within the time and
as required by paragraph 4 2 3
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12 However, OWNER. ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. Physical Conditions —Underground Facilities:
43 1 .Shown or Indicated The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise expressly provided in the Supplementary
Conditions
�43 11 OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data, and
43 12 The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for (i) reviewing and
checking all such information and data, (u) locating
all Underground Facilities shown or indicated in the
Contract Documents.(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6 20 and repairing any
all
damage thereto resulting from the Work
4 3 2 Not Shown or Indicated If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents. CONTRACTOR shall, promptly
immediately after becoming aware thereof and before
furthei disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 623),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
i
i'
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences During
such time CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facilitv as provided in paragraph 6 20
CONTRACTOR sh" may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated IfOWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 1 I and 12 However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project
Reference Points-
4 4 OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work
CONTRACTOR shall be responsible for laving out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
iesponsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material.
4 5 1 OWNER shall be responsible for any
Asbestos PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors. Suppliers or
anyone else for whom CONTRACTOR is
responsible
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edam)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5—BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5 1 CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Compames Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Remsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, US Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act
5 2 If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5 1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5.3 Licensed Sureties and Insurers; Certificates of
Insurance:
5 3 1 All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions
5 3 2 CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5 4 ^"'�T� , R shall
Cand:tmeens, eeitizfieates ef insufanee—(and ether
e-idenee of insufa*ee-fequested by CONTRACTOR
..1.5 C L ....A -5 7 1.e.e. f
rt
I'
CONTRACTOR's Liability Insurance:
54 CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishme of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable
54 1 claims under workers' compensation, disability
benefits and other similar employee benefit acts,
5 4 2 claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees,
5 4 3 claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees,
a n n ,J....... ,..,��,.,—,. ........
claimsF
() ban),ethef n fee any
CONTRACTOR; eF p
ether Fe
5 4 5 claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss oC use
resulting therefrom, and
5 4 6 claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle
The policies of insurance so required by this paragraph 5 4
4 to be purchased and maintained shall
5 4 7 with respect to insurance required by
paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Q Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds.
5 4 8 include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5 4 9 include completed operations insurance,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5 4 10 include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6 12, 6 16 and 6 31 through 6 13,
5 4 11 contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
cerlificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5 3 2 will so
provide),
5 4 12 remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
inaccordance with paragraph 13 12, and
5 4 13 with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
fumish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
salisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter)
OWNER's Liability Insurance:
5 5 In addition to insurance required to be provided
by CONTRACTOR under paragraph 5 4, OWNER, at
OWNIER's option. may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents
Property Insurance:
�m
tnel��ihe —interests of 03ALNER;
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NTD AGTO T G13,I D
u eniresters. ErI��
€NGP,'EER's
Consultants and an), etheiz pe_sefis e.
Supplement.... Gendit.ens
entities
identified in the
e et,
of whem is deemed is i.ayp An. RSUFable inte..est
a-..1
shall be listed a an instiFed .. add t.e..el in .e.l
a6 2 be Nwjtten , a Badder's Risk "all Fisk" e
open peril ef speeial eauses ef less pelie), femi that
6t.ell at least ...el .de MSUFanee f . ph & ..ei lee.. e
damage to the 1 afk , buildifi...rr, F .. Iseerk
and We.L in tFari..t and shall against at lea...
the felie :ing peFIIS fire, light„m=—exteaded
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5 9 OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others +rl
thP 117 I r e deduet.l.le amounts that ar
1 l .l F .1 ,J e.l.. et, hie a .nt will he bem
pufehase and maintain it at the purehaser's awn expeiis
OWN -w
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
NOW..
• .-woft-M,
Val.
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51 1 2 2
less damage
the
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SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in
the
Standard General Conditions of the Construction Contract (No. 1910-8,
1990
p,
ed.) have the meanings assigned to them in the General Conditions.
The
'i
term "Bidder" means one who submits a Bid to OWNER, as distinct from a
sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award.
The
term "Bidding Documents" includes the Advertisement or Invitation to
Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
iincluding all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
1
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous experience,
previous commitments and evidence of authority to conduct business in the
jurisdiction where the Project is located. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
7/96 Section 00100 Page 1
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Receipt and Application of Insurance Proceeds:
5 12 Any insured loss under the policies of insurance
required by paragraphs 5 6 and 5 7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
Insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5 13 OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment
5 13 OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers and f Fequired In wFiting by aRy
interest !1\l/T E fiduetap shell hefid Fe.` th..
in
.........a., v ♦ter n j..
p`
Acceptance of Bonds and Insurance, Option to Replace.
5 14 If either J aFt (03AF4E ,), GQNTP nrTOR)
p"' `
OWNER has any objection to the coverage afforded by or
other provisions of the Rends er insurance required to be
purchased and maintained by the ether —Pan?
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
objeeting,
paFty shell so et,a the ether party OWNER will
notify CONTRACTOR ~in writing within ten fifteen days
after reeeipf delivery of the certificates (e e her -ide
requested) to OWNER as required by paragraph 2 7
ether such adds. efial in format,en In Fespeet of insuFafie
provided as the ether may reasenabl3 request if either
party
.Dees net p f' fehase o maintain all ethe Bends a a
insuraneeregalred e€ saeh —parfy by the—CeHtFae
De, eh aFty shall e. a the ethe•
f fa _it, osh .l� i.. Y
ehe y v the staF4 e f 1h
ALE)Flt of s eh failure
mate prier " ., ^b
to eh
the rquired-o age Without .di a to any eth„ gh.
eF ed the ,. " e tithe. aFi eleet to ebtai q , I
Bandse to „t eh athe aiq ' Ht„
s-
ees,eFa2e and a Change OrdeF shall be issued to adjust the
Partial Utilization —Property Insurance:
5 15 If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
%v/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Completion of all the Work, such use or occupancy max,
be accomplished in accordance with paragraph 14 16,
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby The insurers
providing the property insurance shall consent by
m endorseent on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
61 CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents
CONTRACTOR shall be solely responsible for the means,
methods techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents
62 CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances The superintendent will be
CONTRACTOR' representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
6 3 CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents CONTRACTOR shall at all times maintain
good discipline and order at the site Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturdav, Sunday, Holidays or outside the
Reeular Working Hours
i
64 Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work
64 1 Purchasing Restrictions CONTRACTOR
must comply with the City's purchasing restrictions A
copv of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office
6 4 2 Cement Restrictions Citv of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel
65 All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier except as otherwise
provided in the Contract Documents
Progress Schedule:
66 CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2 9 as it
may be adjusted from time to time as provided below
6 6 1 CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2 9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones) Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto
662 Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12 1 Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12
6.7. Substitutes and "Or -Equal" Items.
67 1 Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required Unless the specification or description
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
contains or is followed by words reading that no like. `
equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances
6 7 1 1 "Or -Equal" If in ENGINEER's sole
discretion an item of material or equipment
1
proposed by CONTRACTOR is functionally
_
equal to that named and sufficiently similar so that
no change in related Work will be required. it may
,
be considered by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items
6 7 1 2 Substitute items if in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6 7 1 1, it
will be considered a proposed substitute item
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor
_
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment. CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
_
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified The application will
_
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
r
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
. -
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
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by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute ENGINEER may require
CONTRACTOR to furnish additional data about
j� the proposed substitute
6 7 1 3 CONTRACTOR's Expense All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense
6 7 2 Substitute Construction Methods or
Procedures If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGNEER's sole discretion, to
determine that the substitute proposed is equivalent to
Q that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7 12
6 7 3 Engineer's Evaluation ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6 7 1 2 and 6 7 2 ENGINEER will be the
sole judge of acceptability No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6 7 1 2 and
Q 6 7 2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned therebv Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item
6_8. Concerning Subcontractors, Suppliers and
Others:
Q6 8 1 CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6 8 2) whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6_9.
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is,
without subcontracting) The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price
6 8 2 if the Stipplementaf=y Candition Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in advanee of the eified
4ate prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER, and—•R
nnMr nAf--rnn L__ __L__.u_J _ .- .11 _
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) e€
any sue r
r anizat .1 a e..«,F,, d- i. b a .teh
` atiefi
In .i. easeCONTRACTOR eh shall submit
acceptable substitute, the Co..«met o_, II he
adjusted b the diffeFenee in 0.e ,.. ,..1 l..
Change
will beeis -., RF i,�_.«e.. .. ,_ ament ysigned will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work
69 1 CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions Nothing In the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations OWNER or ENGINEER may
furnish to any subcontractor supplier or other person
or oreanization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment"
13
6 9 2 CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6 10 The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade
611 All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER Wheneversuch affeemen
is 1. a C b ete aF Supplier ,.IN.. is hgto,d aq an
.J.I t I !RSUrea ee the ..' PeFtinsuizanee pFE),,,.loll
r
pafa,-Faphs the 5
feement between the
GONTP66iGTOR and the SHbG8HtFa6t6F OF Supplier A44
.a+ es all rights against 93ANE GONTD iGTO
ENr`lGP;ER, >~1,iGP� Evv'c Gensultantg Rd all
et e:
F 1 g F.em a o f the .. . is a .ed M,
p .
the li) I If the insufefs en any sueh el c
signed
Patent Fees and Royalties:
612 CONTRACTOR shall pay all license fees and
rovalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6 13 Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses OWNER shall assist
CONTRACTOR. when necessary, in obtaining such
permits and licenses CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees
6.14. Laws and Regulations:
6 14 1 CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations
6 14 2 If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom, however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3 3 2
Taxes:
6 15 CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work
6 15 1 OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project Said taxes
shall not be included in the Contract Price
the project
Address
Colorado Department of Revenue
State Capital Annex
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W
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items
Use of Premises:
616 CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGiNEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work
6 17 During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents
6 18 CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6 19 CONTRACTOR shall maintain In a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9 4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference Upon completion
of the Work, and prior to release of final Tavment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER
Safety and Protection.
620 CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to
6 20 1 all persons on the Work site or who may be
affected by the Work,
6 20 2 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site, and
6 20 3 other property at the site or adjacent thereto,
Including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss and shall erect and maintain all
necessary safeguards for such safety and protection
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property All damage, injury or
loss to any property referred to In paragraphs 6 20 2 or
6 20 3 caused. directly or indirectly, in whole or In part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them)
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
IE
i
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion)
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs
Hazard Communication Programs:
622 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations
Emergencies:
623 In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER. is obligated to
act to prevent threatened damage, injury or loss
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.24. Shop Drmvings and Samples:
6 24 1 CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2 9) All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6 26
6 24 2 CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
l6 EJICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 6 26 The numbers
of each Sample to be submitted will be as specified in
the Specifications
6.25. Submittal Procedures:
6 25 1 Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified
625 1 1 all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
625 1 2 all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
625 13 all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents
6 25 2 Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal
6 25 3 At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal, and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation
626 ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2 9 ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
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construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto The review and approval of a separate
Item as such will not indicate approval of the assembly in
which the Item functions CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals
627 ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
wntuia called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6 25 3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval, nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6 25 1
628 Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2 9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuing the Work:
629 CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15 5 or as
OWNER and CONTRACTOR may otherwise agree in
writing
6.30. CONTRACTOR's General Warranty and
Guarantee:
6 30 1 CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by
6 30 1 l abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers or
630 12 normal wear and tear under normal
usage
6 30 2 CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents
6 302 1 observations by ENGINEER,
63022 recommendation of any progress or
final payment by ENGINEER,
6 3023 the Issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents,
6 30 2 4 use or occupancy of the Work or any
part thereof by OWNER,
6 30 2 5 any acceptance by OWNER or any
failure to do so,
6 30 2 6 any review and approval of a Shop
Drawing or Sample submittal or the Issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14 13,
6 30 2 7 any inspection test or approval by
others, or
6 30 2 8 any correction of defective Work by
OWNER
Indemnification:
6 31 To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to all fees and charges of engineers,
architects. attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage
(I) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (it) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity
632 In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6 31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts
6 33 The indemnification obligations of
CONTRACTOR under paragraph 6 31 shall not extend to
the hability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them
Survival of Obligations:
634 All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement
ARTICLE 7--OTHER WORK
Related Work at Site:
7 1 OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners If the fact that such other work is to be
performed was not noted in the Contract Documents, then
(I) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(it) CONTRACTOR may make a claim therefor as
provided in Articles l l and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof
72 CONTRACTOR shall afford each other contractor
who is a parry to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors
7 3 If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work
Coordination:
74 if OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions
74 1 the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified,
7 4 2 the specific matters to be covered by such
authority and responsibility will be itemized, and
7 4 3 the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--OWNER'S RESPONSIBILITIES
8 1 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER
8 2 In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
CT -PR -
whose status under the Contract Documents shall be that
of the former ENGINEER
8 3 OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14 4 and 14 13
84 OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4 1
and 4 4 Paragraph 4 2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents
5
8 6 OWNER is obligated to execute Change Orders as
indicated in paragraph 10 4
8 7 OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13 4
8 8 In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13 10 and 15 1
Paragraph 15 2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances
8 9 The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents
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ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
91 ENGINEER will be OWNER's representative
during the construction period The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
9 Visits to Site:
p
`Im
92 ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work Based on
information obtained during such visits and observations.
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work ENGNEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work ENGNEER's
visits and on -site observations are subject to all the
limitations on ENGNEER's authority and responsibility
set forth in paragraph 9 13, and particularly, but without
limitation, during or as a result of ENGINEER' on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work
Project Representative•
9 3 If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9 3 and 9 13 and in the o...
Cenr}itiens of these General Conditions If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Supplementat:y Genditiens paragraph 9 3
of these General Conditions If the ENGINEER furnishes
9 3 2 Duties and Responsibilities Representative
will
9 3 2 1 Schedules Review the progress
HE
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability,
9 3 2 2 Conferences and Meehne - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other lob conferences and prepare and
circulate copies of minutes of meetings
9 3 2 3 Liaison
9323 1 Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents
9 3 2 12 Assist in obtaining from OWNER
additional details or information, when
required for proper execution of the Work
93 23 3 Advise the ENGINEER and
CONTRACTOR of the commencement of
anv Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER
9 3 2 4 Review of Work, Reiection of Defective
Work Inspections and Tests -
9 3 2 4 1 Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents
93242 Report to the ENGINEER
whenever the Representative believes that the
Work is unsatisfactory, faultv or defective or
does not conform to the Contract Documents,
or has been damaged. or does not meet the
requirements of any inspections tests or
approvals required to be made, and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation or requires special testmg
inspection or approval
932.43 Accompanv visiting inspectors
representing public or other agencies having
jurisdiction over the Project, record the results
of these inspections and report to the
ENGINEER
9 3 2 5 Interpretation of Contract
Documents Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
9 3 2 6 Modifications Consider and
evaluate CONTRACTOR'S suggestions for
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9 3 2 7 Records
documents
9 3 2 7 3 Record names,
addresses and telephone numbers of all
CONTRACTORS, subcontractors and
major suppliers of equipment and materials
9 3 2 8 Reports
9 3 2 8 1 Furnish ENGINEER periodic
reports, as required of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawmg and sainple
Submittals
9 3 2 8 2. Consult with ENGINEER in
advance of scheduling major tests,
inspections or start of important phases of the
Work
9 3 2 8 3 Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders
93 2 84 Report immediatelv to
ENGINEER and OWNER the occurrence of
anv accident
9 3 2 9 Payment Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
3.2. In accordance with Section 8-159 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall r
be considered. (1) The ability, capacity and skill of the bidder to perform
the contract or provide the services required, (2) whether the bidder can
perform the contract or provide the service promptly and within the time
specified without delay or interference, (3) the character, integrity,
reputation, 3udgment, experience and efficiency of the bidder, (4) the
quality of the bidder's performance of previous contracts or services, (5) -
the previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (8) the ability of the bidder `J
to provide future maintenance and service for the use of the sub]ect of the
contract, and (9) any other circumstances which will affect the bidder's
performance of the contract
3.3. Each Bidder may be required to show that he has handled former Work ~
so that no just claims are pending against such Work No Bid will be
accepted from a Bidder who is engaged on any other Work which would impair
his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract
with the City or in the payment of any taxes, licenses or other monies due
to the City.
4 0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4 1 It is the responsibility of each Bidder, before submitting a Bid, to
(a) examine the Contract Documents thoroughly, (b) visit the site to �^
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract Documents,
and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2 Reference is made to the Supplementary Conditions for identification
of Subsurface and Physical Conditions SC-4.2.
4.3 The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
7/96
Section 00100 Page 2
\ ,
Q
ENGINEER, noting particularly the relationship of
the pavment requested to the schedule of values,
work completed and materials and equipment
delivered at the site but not incorporated in the
Work
9 3 2 10 Completion
9 1210 1 Before ENGINEER issues a
Certificate of Substantial Completion submit
to CONTRACTOR a list of observed items
requiring correction or completion
9 3 2 102 Conduct final inspection in the
companv of the ENGINEER, OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed
I
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13:
9 3 2 103 Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance
93 3 Limitation of Authority The Representative shall
not
9 3 3 1 Authorize anv deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER
9 3 3 2 Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents
9 3 3 3 Undertake any of the responsibilities
of the CONTRACTOR, Subcontractors, or
CONTRACTOR'S superintendent
9 3 3 4 Advise on, or issue directions relative
to, or assume control over anv aspect of the
means, methods techniques, sequences or
procedures for construction unless such is
specifically called for in the Contract Documents
9 3 3 5 Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work
9 3 3 6 Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR
9 3 3 7 Authorize OWNER to occupy the
Work in whole or in part
9 3 3 8 Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
Clarifications and Interpretations:
94 ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article II or Article 12
Authorized Variations in Work:
95 ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly If OWNER or CONTRACTOR believes that a
Field Orderjustifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 1 I or 12
Rejecting Defective Work:
96 ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the Integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13 9, whether or not the
Work is fabricated, installed or completed
Shop Drawings, Change Orders and Pavnients:
97 In connection with ENGINEER's authority as to
Shop Drawings and Samples see paragraphs 6 24 through
6 28 inclusive
98 In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12
99 In connection with ENGINEER's authority as to
Applications for Payment, see Article 14
Deternunadoin for Unit Prices:
9 10 ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
1
for Payment or otherwise) ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (it) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9 11
Decisions on Disputes:
9 11 ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other parry within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time)
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing parry's submittal, if
any, in accordance with this paragraph ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless (i) an appeal from ENGiNEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC _A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (it) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
9 12 When functioning as interpreter and judge under
paragraphs 9 10 and 9 11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity The rendering of
a decision by ENGINEER pursuant to paragraphs 9 10 or
9 11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14 15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter pursuant to ffiel ix
9.13. Limitations on ENGhVEER's Authority and
Responsibilities:
9 13 1 Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor anv decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them
9 13 2 ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents
9 13 3 ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work
9 13 4 ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14 12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents
9 13 5 The limitations upon authority and
a
responsibility set forth in this paragraph 9 13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants
ARTICLE 10—CHANGES IN THE WORK
10 1 Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided)
102 If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 1 I or
Article 12
10 3 CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3 5 and 3 6, except
in the case of an emergency as provided in paragraph 6 23
or in the case of uncovering Work as provided in
paragraph 13 9
104 OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written .Amendments) covering
104 1 changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10 1, (u) required
because of acceptance of defective Work under
paragraph 13 13 or correcting defective Work under
paragraph 13 14 or (III) agreed to by the parties,
1042 changes in the Contract Price or Contract
Times which are agreed to by the parties, and
10 4 3 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11,
provided that, in lieu of executing any such Change Order
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6 29
105 If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(Including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly
ARTICLE 11--CHANCE OF CONTRACT PRICE
11 1 The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price
112 The Contract Price may only be changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9 11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 112
11 3 The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows
11 3 1 where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 119 1 through 119 3, inclusive),
11 3 2 where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11 6 2),
11 3 3 where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 113 2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11 4 and 11 5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11 6)
Cost of the Work:
11 4 The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11 5
1141 Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work Payroll costs shall ifielude, but fiet be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment. excise and payroll taxes, workers'
compensation. health and .a a eti-emes benefits, benuses
and hel aa. pay applicable thereto
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER
11 4 2 Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained
11 4 3 Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors If required by OWNER,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 114, 11 5, 11 6 and 11 7 All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable
11 4 4 Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work
11 4 5 Supplemental costs including the following
11 4 5 1 The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work
1 1 4 5 2 Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR
11 4 5 3 Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation dismantling and removal thereof --all
in accordance with terms of said rental
agreements The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work
11454 Sales consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations
1 1 4 5 5 Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses
11 4 5 6 Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
I
1
I'
0
L'l
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5 9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee If however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 116 2
1 4 5 7 The cost of utilities, fuel and sanitary
acilities at the site
1 4 5 8 Minor expenses such as telegrams,
rng distance telephone calls telephone service at
ie site, expressage and similar petty cash items in
Dnnection with the Work
1 1 4 5 9 Cost of premiums for additional Bonds
and insurance required because of changes in the
Work
11 5 iThe term Cost of the Work shall not include any of
the following
I I S 1 Payroll costs and other compensation of
CONTRACTORSs officers, executives, principals (of
partnership and sole proprietorships), general managers,
a engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
+, CONTRACTOR's principal or a branch office for
t general admimstration of the Work and not specifically
included in the agreed upon schedule of lob
classifications referred to in paragraph 114 1 or
specifically covered by paragraph 11 4 4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee
11 5 2 Expenses of CONTRACTOR's principal and
I branch offices other than CONTRACTOR's office at
the site
1 15 3 Any part of CONTRACTOR' capital
exp�nses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments
I 1 5 4 Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the (same (except for the cost of premiums covered by
subparagraph 11 4 5 9 above)
flE.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
a
I
�
11 5 5 Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employedjby any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work.
disposal of materials or equipment wrongly supplied
and making good any damage to property
11 5 6 Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph) 114
116 The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows
I
11 6 1 a mutually acceptable fixed fee, or
11 6 2 if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work
1 1 6 2 1 for costs incurred under
paragraphs 11 4 1 and 11 42, the
CONTRACTOR's fee shall be fifteen percent,
1 1 6 2 2 for costs incurred under
paragraph 11 4 3, the CONTRACTOR's fee shall
be five percent,
11 6 2 3 where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 114 1, 11 4 2, 114 3 and
11 6 2 is that the Subcontractor who actually
peiforms or furnishes the (Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11 4 1 and 11 4 2 and I that any higher tier
Subcontractor and CONTIRACTOR will each be
paid a fees' five pefeeRtl of the a ffle. nt paid to
the next l- ° b to be negotiated
11624 no fee shall be payable on the basis
of costs itemized under paragraphs 11 4 4, 114 5
and 11 5,
11625 the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual netldecrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of succh net decrease, and
11626 when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR' fee shalf be computed on the
basis of the net change in accordance with
paragraphs 11 6 2 1 through 11 6 2 5, inclusive
11 7 Whenever the cost of", any Work is to be
I 25
determined pursuant to paragraphs 114 and 11 5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit to form acceptable to ENGINEER an
itemized cost breakdown together with supporting data
Cash Allowances:
11 8 It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that
1191 the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes, and
11 8 2 CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted
119. Unit Price Work:
119 1 Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9 10
119 2 Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item
11 9 3 OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article I 1 if
1193 1 the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement,
2fi EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11932 there is no corresponding adjustment
with respect to any other item of Work, and
11 9 3 3 if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease
11934 CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or chanee quantities at OWNER'S sole
discretion without affecting the Contract _Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the on;inal total Contract Price
ARTICLE 12--CHANGE OF CONTRACT TIMES
121 The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9 11 if
OWNER and CONTRACTOR cannot otherwise agree
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12 1
122 All time limits stated in the Contract Documents
are of the essence of the Agreement
12 3 Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12 1 Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God Delays attributable to and
within t
deemed
124
or
time I(
and e;
OWN
any Si
surety
damaE
by or
(u) de
not lit
condit
or othi
by Art
ART
COR
DEF
control of a Subcontractor or Supplier shall be
be delays within the control of CONTRACTOR
Where CONTRACTOR is prevented from
ng any part of the Work within the Contract Times
stones) due to delay beyond the control of both
: and CONTRACTOR, an extension of the
Times (or Milestones) in an amount equal to the
due to such delay shall be CONTRACTOR's sole
usive remedy for such delay In no event shall
be liable to CONTRACTOR, any Subcontractor,
plier, any other person or organization, or to any
or or employee or agent of any of them, for
arising out of or resulting from (i) delays caused
vithin the control of the CONTRACTOR, or
is beyond the control of both parties including, but
ed to, fires, floods, epidemics, abnormal weather
is, acts of God or acts or neglect by utility owners
contractors performing other work as contemplated
13--TESTS AND INSPECTIONS,
IN, REMOVAL OR ACCEPTANCE OF
WORK
13.1. Notice of Defects:
132
other
indepe
with jt
reasen
testing
safe c
CON7
that th
Tests i
notice of all defective Work of which OWNER or
EER have actual knowledge will be given to
.ACTOR All defective Work may be rejected,
d or accepted as provided in this Article 13
Work:
OWNER, ENGINEER ENGINEER's Consultants,
representatives and personnel of OWNER,
dent testing laboratories and governmental agencies
isdictional interests will have access to the Work at
b'e—tirfles for their observation, inspecting and
CONTRACTOR shall provide them proper and
nditions for such access and advise them of
tACTOR's site safety procedures and programs so
✓ may comply therewith as applicable
Inspections:
13 3 I CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or' approvals, and shall cooperate with inspection and
testingl personnel to facilitate required inspections or tests
134
an
w/
OWNER shall employ and pay for the services of
lependent testing laboratory to perform all
ons, tests, or approvals required by the Contract
,nts except
4 1 for inspections, tests or approvals covered
paragraph 13 5 below,
1142 that costs incurred in connection with tests
or, inspections conducted pursuant to paragraph 13 9
iENERAL CONDITIONS 1910-8 (1990 Edition)
OF FORT COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in said
paragraph 13 9, and
13 4 3 as otherwise specifically provided in the
Contract Documents
13 5 If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof] specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility, for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals iequired for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or ofimaterials mix designs,
or equipment submitted for l approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work
13 6 If any Work (or the work) of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER it must if requested by ENGINEER, be
uncovered for observation
13 7 Uncovering Work as provided in paragraph 13 6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to I cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice
i
Uncovering Work
13 8 If any Work is covered icontrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CON'TRACTOR'slexpense
1
13 9 If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others; CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGNEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to ;all costs of repair or
replacement of work of others),' and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to;agree as to the amount
thereof, may make a claim therefor as provided in
Article 11 If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction, and, if the parties are
unable to agree as to the amount or extent thereof
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12
OWNER May Stop the Work:
13 10 If the Work is defective, or CONTRACTOR falls
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated, however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party
Correction or Removal of Defective Work:
13 11 If required by ENGINEER CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective
CONTRACTOR shall pay all claims. costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others)
13.12. Correction Period:
13 12 1 If within ene-yell two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (it)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13 12 2 In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment
13 12 3 Where defective Work (and damage to other
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13 12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ene yeaf
two vears after such correction or removal and
replacement has been satisfactorily completed
Acceptance of Defective Work:
13 13 If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness) If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11 if the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER
OWNER Mav Correct Defective Work:
13 14 if CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13 11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents. OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously in
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11 Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or, replacement of work of others destroyed or
t damagedl by correction, removal or replacement of
CONTR?.CTOR's defective Work CONTRACTOR shall
not be a4lowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
`yP
0
s/r
tjCS`
C
i
IK
4
141 The schedule of values established as provided in
paragraph 2 9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER Progress payments on
account of Unit Price Work will be based on the number of
units completed
ApplicaLn for Progress Payment:
142 At least twenty days before the date established for
each progress payment (but not more often than once a
month),16ONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
nnnrnnriate, mmnei-ty insurance and other arrangements to
protectlOWIVER's
interest therein, all of which will be
satisfactory
to OWNER The amount of retainage with
respect
Ito progress payments will be as stipulated in the
Agreement
Any funds that are withheld by the OWNER
shall not
be subiect to substitution by the CONTRACTOR
with securities
or anv arraneements involving an escrow or
custodianship
By executing the application for payment
form the
CONTRACTOR expressly waives his right to the
benefits
of Colorado Revised Statutes, Section 24-91-101,
et seq
CONTRACTOR's
Warranty of Title:
143
CONTRACTOR warrants and guarantees that title
to all
Work, materials and equipment covered by any
Application
for Payment, whether incorporated in the
Projector
not, will pass to OWNER no later than the time
of payment
free and clear of all Liens
RevieivI
of Applications for Progress Payment:
144
ENGINEER will, within ten days after receipt of
each Application
for Payment, either indicate in writing a
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application Ten days after jpresentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14 7)
become due and when due will be' paid by OWNER to
CONTRACTOR
14 5 ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to' OWNER, based on
ENGINEER's on -site observations lof the executed Work
as an experienced and qualified design professional and on
ENGiNEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief
145 1 the Work has pi ogressed to the point
indicated,
I
1452 the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9 10, and to any other qualifications stated
in the recommendation), and
145 3 the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (n) that there may not be other matters or
issues between the parties I that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
146 ENGINEER's recommendation of any payment,
including final payment, shall not�mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents
i
i
147 ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make Ithe representations to
29
OWNER referred to to paragraph 14 5 ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because
147 I the Work is defective, or completed Work has
been damaged requiring correction or replacement,
1472 the Contract Price has been reduced by
Written Amendment or Change Order,
1473 OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13 14, or
1474 ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15 2 1 through 15 2.4 inclusive
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because
14 7 5 claims have been made against OWNER on
account of CONTRACTOR's performance or furnishing
of the Work.
14 7 6 Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14 7 7 there are other items entitling OWNER to a set-
off against the amount recommended, or
14 7 8 OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1
through 15 2 4 inclusive,
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR. when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
148 When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor If ENGINEER
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 30
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes Justified after
consideration of any objections from OWNER At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment
149 OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Partial Utilization:
1410 Use by OWNER at OWNER's option of any
substantially completed part of the Work, which. (i) has
specifically been identified in the Contract Documents, or
(it) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work may be accomplished prior to Substantial
Completion of all the Work subject to the following
14 10 1 OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work