HomeMy WebLinkAbout231588 WARDS LANDSCAPE - CONTRACT - BID - 5783 SHELDON LAKE LANDSCAPE IMPROVEMENTSSPECIFICATIONS
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CONTRACT DOCUMENTS
FOR
SHELDON LAKE
LANDSCAPE IMPROVEMENTS
BID NO.5783
BID OPENING:
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
APRIL 17, 2003 - 3:00 P.M. (OUR CLOCK)
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
ed.) have the meanings assigned to them in the General Conditions. The
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
(including 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.
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.
3.2. In accordance with Section 8-159
Collins in determining whether a bidder
be considered: (1) The ability, capacity
7/96
of the Code of the City of Fort
is responsible, the following shall
and skill of the bidder to perform
Section 00100 Page 1
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable time for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections.
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
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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 required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for 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 cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOWs expense.
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
ENGINEER 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
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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 fails
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 one y 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 (ii)
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)
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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-year
two years 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 May 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
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed 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:
14.L 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.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR 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
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Anv funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements 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 sea.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review of Applicationsfor Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 presentation 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 of 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:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. 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
14.5.3. 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 (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
14.6. 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 fumish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
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OWNER referred to in 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:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. 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:
14.8. 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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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.
14.9. 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:
14.10. 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
(ii) 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.
CONTRACTOR at any time may notify OWNER and
ENGINEER 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
part of the Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the 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 Work 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
property insurance.
Final Inspection:
14.11. Upon 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 the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment.
14.12. After 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,
(ii) consent of the surety, if any, to final payment, and
(iii) 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
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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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 liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Project manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and fatal inspection, and
ENGINEER'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
ENGINEER'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 ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6 2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, 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:
14.15. The making and acceptance of final payment will
constitute:
14.15.La waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
31
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:
15.1. 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 11 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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 any
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.
15.4. 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
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time.
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF 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:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any 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.Cumulative Remedies:
17.4. 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, 6.32, 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.
Professional Fees and Court Costs Included:
17.5. 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.
17.6. The laws of the State of Colorado Wly to this
Agreement. Reference to two pertinent Colorado statutes
are as follows:
17.6.2. If a claim is filed OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials team hire
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
judgements which may result from the suit.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or 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 of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating 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
16.4.2. 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
16.4.3. the written consent of the other person or
entity sought to be included 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. 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 against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7, OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation 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 mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GC -Al
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, judgment, 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
to provide future maintenance and service for the use of the subject 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
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.
5.0 INTERPRETATIONS AND ADDENDA.
5.1._All questions about the meaning or intent of the Bidding Documents are to
Section 00100 Page 2
7/96
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 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:
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.
5.4.6The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL)
5.4.9This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
[Ii�7:i171�1
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
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.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
(Assuming all change orders approved)
ACCEPTED BY:
DATE:
Contractor's Representative
ACCEPTED BY:
DATE:
Project Manager
REVIEWED BY:
DATE:
Title:
APPROVED BY:
DATE:
Title:
APPROVED BY:
DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
Section 00960
Application for Payment
Insert pages 1 - 4
9/99
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TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
DIVISION 1 GENERAL REOUIREMENTS
Schedule of Drawings
Section 01000
Project Summary
Section 01100
Summary of Work
Section 01160
Site Conditions
Section 01200
Measurement and Payment
Section 01300
Coordination and Project Meetings
Section 01310
Construction Schedules
Section 01330
Shop Drawings, Product Data and Samples
Section 01340
Survey Data
Section 01400
Quality Control and Testing
Section 01500
Temporary Controls
Section 01510
Temporary Utilities
Section 01570
Traffic Control
Section 01600
Material and Equipment
Section 01700
Contract Close -Out
Section 01800
Definition of Bid Items
DIVISION 2 SITEWORK
Section 02810
Section 02900
Section 02920
Irrigation
Landscape Trees, Shrubs, Perennials
Grasses
City of Fort Collins
Park Planning and Development
Table of Contents
Page 1 of 1
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued 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
in 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.
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
7/96
Section 00100 Page 3
{ "n.:--' ._•tea �y-�
SECTION 01000 — PROJECT SUMMARY
PART 1 -GENERAL
1.01 Scope
A. This section contains general requirements that are applicable to this project.
1.02 Description of Work
A. The Contractor shall provide all labor, materials and equipment necessary to perform the work items
called for on the bid schedule.
1.03 City Furnished Materials
A. None.
1.04 Conditions of Work
A. Area of Work: The Contractor shall confine his operations to the immediate work area. Material
storage shall be confined to areas shown on the Drawings or designated by the City.
B. Regulations: The Contractor shall comply with all applicable Federal, State, and local regulations
pertaining to safety, traffic control, fire prevention, erosion control and environmental protection.
C. Working Hours: The Contractor's working hours shall be between 7:00 a.m. and 5:00 p.m, with no
work on weekends or Federal holidays, unless otherwise approved by the City.
D. Material Storage: The Contractor's material and equipment storage site shall be limited to the area of
the project site. The area shall be kept orderly and free of litter.
1.05 Project Cleanup
A. The Contractor is responsible to maintain the construction site in a clean and orderly condition from
the start of the project to completion. Daily cleanups are required.
The City may require Contractor to perform cleanup within 100 feet of the progress of the work
and perform cleanup of the site daily prior to work stoppage.
B. Store volatile wastes in covered containers and dispose off -site.
Provide on -site covered containers for the collection of waste materials, debris and rubbish.
2. Neatly store construction materials, such as concrete forms, when not in use.
C. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers,
streams or waterways.
D. At project completion the Contractor shall remove all equipment, materials, and debris from the site
including toilets and dumpsters. Areas around work sites shall be cleaned with dirt and grass surfaces
raked clean of any slag from the Contractor's operations. Broom clean exterior paved surfaces.
Remaining dirt and fill material shall be removed, or may be scattered, with the approval of the City.
1.06 Trash Removal
A. All non -salvageable items and trash shall be hauled off the site and disposed of in accordance with
applicable state and local regulations. Items shall be transported in tarp -covered or closed vehicles.
Any materials dropped or blown off vehicles shall be picked up immediately by Contractor.
City of Fort Collins SECTION 01000 — PROJECT SUMMARY
Park Planning & Development Division Page 1 of 3
1.07 Verification of Dimensions
A. The Contractor shall he responsible for the coordination and proper relation of the work. He shall field
verify all dimensions and advise the City of any discrepancies prior to proceeding with that phase of
the work.
1.08 Fire Hydrants
A. Fire Hydrant Connections: City's permission is required for connection to fire hydrants. Only
compatible adapters shall be utilized for hydrant connections. A gate valve shall be provided and
installed by the Contractor between the hydrant and supply hoses to control flow. Connection shall
include backflow protection. Temporary connections to fire hydrants shall he disconnected at the end
of each working day. No quick closing valves such as plug or butterfly valves will he used.
1.09 Outages
A. Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days
prior to the proposed outage. The request shall be directed to the City and shall stipulate the specific
utility system(s) and circuits to be affected, the location of the work, the time at which the shutdown
will occur, and the duration of the outage for each system. Outages shall be kept to a minimum both in
number and in duration. Where multiple outages are required, as many outages as can be accurately
scheduled shall he submitted as a group.
1.10 Fill Material
A. Excess fill material, including rock, gravel, sod, broken concrete or asphalt, plaster, etc., shall be
hauled off the site and disposed of in accordance with applicable State and local regulations.
B. Additional fill material, if required, shall be hauled to the site from off the site as a necessary part of
the work. Material composition shall be subject to the requirements of the specifications.
1.11 Parking
A. Parking of the Contractor's vehicles shall be restricted to an area designated by the City.
1.12 Telephone
A. Business Telephone: At the beginning of construction, the Contractor shall provide the City with a
telephone number at which the Contractor or his representative may be contacted at any time during
regular working hours. The Contractor shall also provide a phone number for after -duty hours contact.
1.13 Sanitary Provisions
A. The Contractor shall provide temporary toilets for the use of construction personnel. Location, type,
proposed maintenance, etc., shall be approved by the City prior to placing toilets. Temporary toilets
shall be removed at the completion of construction and the adjacent area restored to the condition
existing prior to the start of construction or as indicated on the plans.
1.14 Pollution Abatement
A. Transporting materials to or from the site shall be accomplished in a manner preventing materials or
particles from becoming airborne. Earth materials shall be covered, wetted or otherwise protected.
Gravel, sand and concrete shall be contained within vehicles to prevent spillage.
B. Prevent the deposit of dirt, mud or debris on improved streets and roads, and remove all should such
deposition occur.
C. Burning of any material on site is prohibited.
City of Fort Collins SECTION 01000 — PROJECT SUMMARY
Park Planning & Development Division Page 2 of 3
D. Stream beds, lakes, drainage ways, sanitary and storm sewers, etc., shall not be polluted by fuels, oils,
bitumen, acids; or other harmful materials. Surface drainage from the construction site, which contains
harmful amounts of sediment, shall not be allowed to drain onto adjacent areas. All grading shall be
accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas.
E. Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area,
with the responsibility of control and cleanup resting with the Contractor.
Toxic, corrosive and flammable materials for construction other than specified shall not be used
without prior approval of the City of Fort Collins. When approved, disposal of these materials or their
containers will be off site and conform to state and federal regulations.
1.15 Protection of Property
A. Initiate, maintain and supervise necessary protection to prevent damage, injury or loss to:
The Work and materials and equipment to be incorporated in the project, whether in storage on or
off the site: and
2. Property at the site or adjacent thereto, including fences, patios, driveways, sidewalks, pavement,
trees, shrubs, lawns, walks, structures, utilities and underground facilities not designated for
removal, relocation or replacement in the course of construction.
B. Maintain, protect, and support existing utilities and other appurtenances against damage by shoring,
bracing, or other means.
C. Do not stockpile excavated material against existing appurtenances.
1.16 Survey Requirements
A. Contractor shall perform all surveying necessary to complete the work.
1.17 Construction Superintendent
A. The construction superintendent shall beat the job site anytime work is being accomplished by any of
the trades.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01000 - PROJECT SUMMARY
Park Planning & Development Division Page 3 of 3
DIVISION 1
SECTION 01010 - SUMMARY OF WORK
PART 1 -GENERAL
1.01 Description of Work
A. The City of Fort Collins Sheldon Lake Landscape Improvements includes construction of an irrigation
system, soil preparation, seeding and planting along the shoreline of Sheldon Lake in City Park.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during
construction. Restore all areas disturbed to match surrounding surface conditions.
1.02 Notices to Private Owners and Authorities
A. Notify private owners of adjacent property, utilities, affected governmental agencies, and school district
when execution of the work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is
necessary to temporarily deny access or services.
C. Contact utilities at least 48 hours prior to excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed
scope of work schedule and any items that would affect their daily operation.
E. Names and telephone numbers of affected agencies and utilities in the area are listed below for
Contractor's convenience.
Water - City of Fort Collins, Colorado 221-6681
Storm Sewer - City of Fort Collins, Colorado 221-6605
Sanitary Sewer - City of Fort Collins, Colorado 221-6681
Electrical - City of Fort Collins, Colorado 482-5922, 221-8553
Gas - Public Service Company of Colorado 482-5922, 221-8553
Telephone - U.S. West Communications 484-0300, 226-6310
Roads - City of Ft. Collins, Colorado 221-6815
Cable Television — AT&T Cable Services 493-7400
Utility Locates - One -call System 1-800-922-1987
Safety - Occupational Safety and Health Administration (OSHA) 844-3061
Fire - Poudre Fire Authority Non -Emergency 221-6581/ Emergency 911
Police - City of Fort Collins Police Department Non -Emergency 221-6550 / Emergency 911
Larimer County Sheriffs Department - Non -Emergency 221-7177
Postmaster - United States Postal Service 482-2837
Ambulance - Poudre Valley Hospital Non -Emergency 484-1227 / Emergency 911
Public Transportation - TransFort 221-6620
Traffic Control - Traffic Engineering 221-6815
City of Fort Collins SECTION 01100 — SUMMARY OF WORK
Park Planning & Development Division Page 1 of 2
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01100 —SUMMARY OF WORK
Park Planning & Development Division Page 2 of 2
SECTION 01160 — SITE CONDITIONS
PART 1 - SITE INVESTIGATIONS AND REPRESENTATION
1.01 General investigations
A. The Contractor acknowledges that he has satisfied himself as to the nature and location of the work,
the general and local conditions, particularly those bearing upon access to the site; handling, storage,
and disposal of materials; availability of water, electricity and roads; uncertainties of weather, or
similar physical conditions at the site; the conformation and conditions of the ground; the equipment
and facilities needed preliminary to and during the execution of the work; and all other matters which
can in any way affect the work or the cost thereof under this Contract.
1.02 Soil Conditions
A. The Contractor further acknowledges that he has satisfied himself as to the character, quality and
quantity of surface and subsurface materials to be encountered from his inspection of the site and from
reviewing any available records of exploratory work furnished by the Owner or included in these _
Documents. Failure by the Contractor to acquaint himself with the physical conditions of the site and
all the available information will not relieve him from responsibility for properly estimating the
difficulty or cost of successfully performing the work.
1.03 Contractor Representation
A. The Contractor warrants that as a result of his examination and investigation of all the aforesaid data
that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner.
The Owner assumes no responsibility for any representations made by any of its officers or agents
during or prior to the execution of this Contract, unless (1) such representations are expressly stated in
the Contract, and (2) the Contract expressly provides that the responsibility therefore is assumed by the
Owner.
PART 2 - INFORMATION ON SITE CONDITIONS
2.01 General
Any information obtained by the Engineer regarding site conditions, subsurface information, _
groundwater elevations, existing construction of site facilities, and similar data will be available for
inspection, as applicable, at the office of the Engineer upon request. Such information is offered as
supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for
the completeness or interpretation of such supplementary information.
A. Differing Subsurface Conditions:
1. In the event that the subsurface or latent physical conditions are found materially different from
those indicated in these Documents, and differing materially from those ordinarily encountered
and generally recognized as inherent in the character of work covered in these Contract
Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the
Owner in writing of such changed conditions.
2. The Engineer will investigate such conditions promptly and following this investigation, the _
Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the
Engineer finds that such conditions do so materially differ and cause an increase or decrease in the
cost of or in the time required for performing the work, the Engineer will recommend to the
Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make
City of Fort Collins SECTION 01160 - SITE CONDITIONS
Park Planning & Development Division Page 1 of 3 —
the final decision on all Change Orders to the Contract regarding any adjustment in cost or time
for completion.
B. Underground Utilities:
Known utilities and structures adjacent to or encountered in the work are shown on the Drawings.
The locations shown are taken from existing records and the best information available from
existing utility plans, however, it is expected that there may be some discrepancies and omissions
in the locations and quantities of utilities and structures shown. Those shown are for the
convenience of the Contractor only, and no responsibility is assumed by either the Owner or the
Engineer for their accuracy or completeness.
PART 3 - CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE
3.01 General
A. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph,
telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, the operations shall be
suspended until all arrangements necessary for the protection of these utilities and services have been
made by the Contractor.
B. Notify all utility offices which are affected by the construction operation at least 48 hours in advance.
Under no circumstances expose any utility without first obtaining permission from the appropriate
agency. Once permission has been granted, locate, expose, and provide temporary support for all
existing underground utilities.
C. The Contractor shall protect all utility poles from damage. If interference of power poles, telephone
poles, guy wires, or anchors are encountered, notify the Owner's Representative and the appropriate
utility company at least 48 hours in advance of construction operations to permit the necessary
arrangements for protection or relocation of the interfering structure.
D. The Contractor shall be solely and directly responsible to the Owner and operators of such properties
for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character
brought because of any injuries or damage which may result from the construction operations under
this Contract.
E. Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a
result of the Contractor's failure to protect utilities encountered in the work.
F. If the Contractor while performing the Contract discovers utility facilities not identified in the
Drawings or Specifications, he shall immediately notify the Owners and the utility in writing.
G. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of
accidental breakage due to construction operations, promptly notify the proper authority. Cooperate
with said authority in the restoration of service as promptly as possible and bear all costs of repair. In
no case shall interruption of any water or utility service be allowed to exist outside working hours
unless prior approval is granted.
H. The Contractor shall replace, at his own expense, any and all other existing utilities or structures
removed or damaged during construction, unless otherwise provided for in these Contract Documents
or ordered by the Engineer.
3.02 Interfering Structures
A. Take necessary precautions to prevent damage to existing structures whether on the surface,
aboveground, or underground. An attempt has been made to show major structures on the Drawings.
The completeness and accuracy cannot be guaranteed, and it is presented simply as a guide to avoid
known possible difficulties.
City of Fort Collins SECTION 01160 — SITE CONDITIONS
Park Planning & Development Division Page 2 of 3
3.03 Field Relocation
A. During the progress of construction, it is expected that minor relocations of the work will be necessary.
Such relocations shall be made only by direction of the Owner's Representative. If existing structures
are encountered that prevent the construction, and that are not properly shown on the Drawings, notify
the Owner's Representative before continuing with the construction in order that the Owner's
Representative may make such field revision as necessary to avoid conflict with the existing structures.
If the Contractor shall fail to so notify the Owner's Representative when an existing structure is
encountered, and shall proceed with the construction despite the interference, he shall do so at his own
risk.
3.04 Easements
A. Easements and permits will be obtained by the Owner where portions of the work are located on
public or private property Easements will provide for the use of the property for construction purposes
to the extent indicated on the easements. Copies of these easements and permits are available upon
request to the Owner. It shall be the Contractor's responsibility to determine the adequacy of the
easement obtained in every case and to abide by all requirements and provisions of the easement. The
Contractor shall confine his construction operations to within the easement limits or make special
arrangements with the property owners or appropriate public agency for the additional area required.
Any damage to property, either inside or outside the limits of the easements provided by the Owner,
shall be the responsibility of the Contractor as specified herein. The Contractor shall remove, protect,
and replace all fences or other items encountered on public or private property. Before final payment
will be authorized by the Owner's Representative, the Contractor will be required to furnish the Owner
with written releases from property owners or public agencies where side agreements or special
easements have been made by the Contractor or where the Contractor's operations, for any reason,
have not been kept within the construction right-of-way obtained by the Owner.
B. It is anticipated that the required easements and permits will be obtained before construction is started.
However, should the procurement of any easement or permit be delayed, the Contractor shall schedule
and perform the work around these areas until such a time as the easement or permit has been secured.
3.05 Land Monuments
A. The Contractor shall notify the Owner's Representative of any existing Federal, State, Town, County,
and private land monuments encountered. Private monuments shall be preserved, or replaced by a
licensed surveyor at the Contractor's expense. When Government monuments are encountered, the
Contractor shall notify the Owner's Representative at least two (2) weeks in advance of the proposed
construction in order that the Owner's Representative will have ample opportunity to notify the proper
authority and reference these monuments for later replacement.
END OF SECTION
City of Fort Collins SECTION 01160 — SITE CONDITIONS
Park Planning & Development Division Page 3 of 3
SECTION 01200 - MEASUREMENT AND PAYMENT
PART 1 -GENERAL
1.01 Description
A. This section covers the methods employed in determining the payment due for work completed under
this contract.
B. The bid price should cover all work required by this contract based upon the quantities outlined in the
bid form.
C. Where actual quantities differ from those outlined in the bid form, unit prices as stipulated in the bid
form shall be utilized to compute payment.
D. Where unit prices are not set forth on specific work, that work shall be considered a subsidiary
obligation of the Contractor.
E. Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some
difference may arise in actual and bid quantities.
1.02 Lump Sum Prices
A. Where lump sum (LS) prices are given for an item in the bid schedule or for items added during
construction by change order, the price will include all materials, labor, overhead and any other cost
incurred to complete the construction of the item in accordance with the plans and specifications.
B. All unit prices for each item shall include its pro rata share of profits, taxes, and overhead, and are for
the items installed in place, maintained and guaranteed. Including these factors, unit prices must
accurately reflect actual costs. Unit prices are to be valid for the life of the contract.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
City of Fort Collins SECTION 01200 — MEASUREMENT AND PAYMENT
Park Planning & Development Division Page 1 of 1
DIVISION 1
SECTION 01300 — COORDINATION AND PROJECT MEETINGS
PART 1 -GENERAL
1.01 General
A. In order to provide for an orderly progression of work, all parties involved in the construction will meet
at various times during the project to discuss pertinent items regarding the work.
B. Coordinate operations under contract in a manner that will facilitate progress of the Work.
C. Conform to the requirements of public utilities and concerned public agencies in respect to the timing
and manner of performance of operations that affect the service of such utilities, agencies, or public
safety.
1.02 Conferences
A. The pre -construction conference will be held at a time to be determined by the Owner, after the award
of the contract and prior to the issuance of the Notice to Proceed. The meeting will involve the Owner,
the Engineer, the Contractor and representatives of the owners of utilities and other properties that will
be directly affected by the work. Among the Contractor's representative on the site. The Contractor
will have a complete construction schedule ready for review at the time of the pre -construction
conference.
B. Hold conferences for coordination of the Work when necessary.
C. The City may hold coordination conferences to be attended by all involved when Contractor's
operations affects, or is affected by, the work of others.
1.03 Progress Meetings
A. Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other
times as requested by the City or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent
2. Owners Representative
3. Landscape Architect
4. Others as may be requested by contractor, Landscape Architect or Owner
C. Minimum Agenda shall include:
1. Review of work progress since last meeting
2. Identification and discussion of problems affecting progress
3. Review of any pending change orders
4. Revisions of Construction Schedule as appropriate
1.04 Job Site Administration
A. Contract administration and construction observation services will be provided by the Owner. The
Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or
unit prices.
END OF SECTION
City of Fort Collins SECTION 01300 — COORDINATION AND PROJECT MEETINGS
Paris Planning & Development Division Page 1 of 1
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
befurisheduch or
used by CONTRACTOR if acceptable to Engineer, application
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
cessful Bidder to submit an
Award is given, request the apparent suc
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder
thatotheproposes
to use acceptable subcontractors. Subcontractors, suppliers,
per
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,
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. _
11.0 BID FORM.
11.1. 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.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on
the form must be stated in words and numerals; in case of conflict, words
will take precedence. Unit prices shall govern over extensions of sums.
11.3. 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.
7/96 Section 00100 Page 4
SECTION 01310 - CONSTRUCTION SCHEDULES
PART 1-GENERAL
1.01 General
A. Prepare detailed schedule of all construction operations and procurements after review of tentative
schedule by parties attending the pre -construction conference. No work is to begin at the site until
City's acceptance of the Construction Schedule.
B. For special restrictions on float and time extensions reference is made to the Agreement.
1.02 Format and Submissions
A. Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule
and actual progress.
B. Submit two copies of each schedule to owner for review. Owner will return one copy to contractor
with revisions suggested or necessary for coordination of the Work with the needs of Owner or others.
1.03 Progress Revisions
A. Submit revised schedules and reports when changes are foreseen, when requested by City, and with
each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of other work.
1.04 City's Responsibility
A. City's review is only for the purpose of checking conformity with the Contract Documents and
assisting Contractor in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means,
methods, techniques, sequences, and procedures of construction as provided in the General Conditions.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01310 —CONSTRUCTION SCHEDULES
Park Planning & Development Division Page 1 of 1
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SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 -GENERAL
1.01 Shop Drawings
A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise
indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy
standard information as the basis of Shop Drawings. Standard information prepared without specific
reference to the Project is not a Shop Drawing.
B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns,
templates, and similar Drawings. Include the following information:
1. Dimensions.
2. Identification of products and materials included by sheet and detail number.
3. Compliance with specified standards. -
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings
on sheets at least 8-1/2 by 11 inches but no larger than 24 by 36 inches.
7. Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for -
maintenance manuals, plus the number of prints needed by the Contractor for distribution. The
Owner's Representative will retain 2 prints and return the remainder.
a. One of the prints returned shall be marked up and maintained as a "Record Document."
8. Do not use Shop Drawings without an appropriate final stamp indicating action taken.
1.02 Product Data
A. Collect Product Data into a single submittal for each element of construction or system. Product Data
includes printed information, such as manufacturer's installation instructions, catalog cuts, standard
color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves.
1. Mark each copy to show applicable choices and options. Where printed Product Data includes
information on several products that are not required, mark copies to indicate the applicable
information. Include the following information:
a. Manufacturer's printed recommendations.
b. Compliance with trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
f. Notation coordination requirements.
2. Do not submit Product Data until compliance with requirements of the Contract Documents has
been confirmed.
City of Fort Collins SECTION 01330 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 1 of 3 —,
3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selection of
options is required.
4. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for
maintenance manuals plus additional copies as needed by the Contractor for distribution. The
Owner will retain one and will return the other marked with action taken and corrections or
modifications required.
5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers,
manufacturers, fabricators, and others required for performance of construction activities. Show
distribution on transmittal fors.
a. Do not proceed with installation until a copy of Product Data is in the Installer's possession.
b. Do not permit use of unmarked copies of Product Data in connection with construction.
1.03 Samples
A. Submit full-size, full -fabricated Samples cured and finished as specified and physically identical with
the material or product proposed. Samples include partial sections of manufactured or fabricated
components, cuts or containers of materials, color range sets, and swatches showing color, texture, and
pattern.
I. Mount or display Samples in the manner to facilitate review of qualities indicated. Include the
following:
a. Specification Section number and reference.
b. Generic description of the Sample.
c. Sample source.
d. Product name or name of the manufacturer.
e. Compliance with recognized standards.
f. Availability and delivery time.
2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final
check of these characteristics with other elements and a comparison of these characteristics
between the final submittal and the actual component as delivered and installed.
a. Where variation in color, pattern, or other characteristic is inherent in the material or product
represented, submit at least 3 multiple units that show approximate limits of the variations.
b. Refer to other Specification Sections for requirements for Samples that illustrate
workmanship, fabrication techniques, details of assembly, connections, operation, and similar
construction characteristics.
c. Refer to other Sections for Samples to be returned to the Contractor for incorporation in the
Work. Such Samples must be undamaged at time of use. On the transmittal, indicated
special requests regarding disposition of Sample submittals.
d. Samples not incorporated into the Work, or otherwise designated as the Owner's property, are
the property of the Contractor and shall be removed from the site prior to Substantial
Completion.
3. Preliminary Submittals: Submit a full set of choices where Samples are submitted for selection of
color, pattern, texture, or similar characteristics from a range of standard choices. The Owner will
review and return preliminary submittals with the Owner's notation, indicating selection and other
action.
City of Fort Collins SECTION 01330 — SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Park Planning i£ Development Division Page 2 of 3
4. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication
techniques, connections, operation, and similar characteristics, submit 3 sets. The Owner will
return one set marked with the action taken.
5. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the
course of construction.
a. Unless noncompliance with Contract Document provisions is observed, the submittal may
serve as the final submittal.
b. Sample sets may be used to obtain final acceptance of the construction associated with each
set.
B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers,
fabricators, suppliers, installers, and others as required for performance of the Work. Show
distribution on transmittal forms.
1.04 Quality Assurance Submittals
A. Submit quality -control submittals, including design data, certifications, manufacturer's instructions,
manufacturer's field reports, and other quality -control submittals as required under other Sections of
the Specifications.
B. Certifications: Where other Sections of the Specifications require certification that a product,
material, or installation complies with specified requirements, submit a notarized certification from the
manufacturer certifying compliance with specified requirements.
1. Signature: an officer of the manufacturer or other authorized individual shall sign Certification
documents.
C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from
independent testing agencies are specified in Division 1 Section "Quality Control and Testing," and in
the applicable technical specifications.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
END OF SECTION 01330
City of Fort Collins SECTION 01330 - SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 3 of 3
SECTION 01340 - SURVEY DATA
PART 1-GENERAL
1.01 Survey Requirements
A. Contractor is responsible for the layout of the Work. The City will not provide surveying.
B. Base all measurements, both horizontal and vertical, on established control points. Verify all
established control points at site prior to laying out the work.
C. Perform layout of the Work with qualified personnel.
1. At a minimum stake restroom foundation comers, and shelter comer and post locations.
2. At a minimum, stake concrete sidewalks, concrete pavement and concrete headers at grade
changes, changes in horizontal alignment, and at 25-foot stations along the sidewalk centerline.
D. All field books, notes, and other data developed by Contractor in performing surveys required by the
Work will be available to City for examination throughout the construction period.
1.02 Submittals
A. Submit to City all survey data with other documentation required for final acceptance.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01340 —SURVEY DATA
Park Planning & Development Division Page 1 of 1
SECTION 01400 - QUALITY CONTROL AND TESTING
PART 1-GENERAL
1.01 General
A. Provide such equipment and facilities as the City may require for conducting field tests and for collecting
and forwarding samples. Do not use any materials or equipment represented by samples until tests, if
required, have been made and the materials or equipment are found to be acceptable. Any product that
becomes unfit for use after approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. --
Furnish the required samples without charge and give sufficient notice of the placing of orders to pemut the
testing. Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise -
provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in
accordance with the latest standards and tentative methods of the American Society for Testing Materials
(ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or
elaboration on, these test procedures which may be included for specific materials under their respective
sections in the Specifications shall take precedence over these procedures.
1.02 Test Reports
A. Submit 2 copies of the reports of all tests made by testing laboratories, plus copies to be returned to the
contractor.
1.03 City's Responsibilities
A. City of Fort Collins shall be responsible for and shall pay all costs in connection with the following testing:
1. Soils compaction tests.
2. Trench backfill.
3. Pipe and structural bedding.
4. Tests not called for by the Specifications of materials delivered to the site.
5. Concrete, mortar and grout tests.
1.04 Contractor's Responsibilities
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be
responsible for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under
1.03 above.
3. Testing of pipe.
4. Vacuum testing of manholes.
5. Concrete materials and mix designs. _
City of Fort Collins SECTION 01400 — QUALITY CONTROL AND TESTING
Park Planning & Development Division Page 1 of 2 _
6. Gradation tests for embedment, fill and backfill materials.
7. Material Substitution - any test for basic material or fabrication of equipment offered as a substitution
for a specified item on which a test may be required in order to prove it compliant with the
specifications.
Nothing contained herein is intended to imply that the Contractor does not have the right to have tests
performed on any material at any time for his/her own information and job control so long as the
Owner does not assume responsibility for the cost or for giving them consideration when appraising
quality materials.
1.05 Transmittal of Test Reports
A. Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City
Representative's review. The Owner's Representative will retain one and will return the other marked with
action taken and corrections or modifications required.
B. The testing laboratory retained by the Owner will furnish three (3) copies of a written report of each test
performed by laboratory personnel in the field or laboratory. Two (2) copies of each test report will be
transmitted to the City Representative and one (1) copy to the Contractor within seven (7) days after each
test is completed.
1.06 Contractor's Quality Control System
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of
all items of work, including that of his subcontractors, to ensure conformance to the functional performance
of this project. This control shall be established for all construction except where the Contract Documents
provide for specific compliance tests by testing laboratories or engineers employed by the. City. Contractor's
control system shall specifically include all testing required by the various sections of the Specifications.
B. Contractor's quality control system is the means by which he assures himself that his construction complies
with the requirements of the Contract Documents. Controls shall be adequate to cover all construction
operations and should he keyed to the proposed construction schedule.
C. Records: maintain correct records on an appropriate form for all inspections and tests performed,
instructions received from the City and actions taken as a result of those instructions. These records shall
include evidence that the required inspections or tests have been performed (including type and number of
inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and
corrective action taken. Document inspections and tests as required by each section of the Specifications.
Provide copies to City in a reasonable time.
D. Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser
equipment operated continuously during construction. Horizontal tolerances of + 0.3 feet and vertical
tolerances of + 0.1 feet maximum deviation from plan and construction staking are to be maintained, except
that visible "snaking" of the horizontal alignment and changes in directions of slope will not be permitted.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01400 — QUALITY CONTROL AND TESTING
Park Planning & Development Division Page 2 of 2
SECTION 01500 -TEMPORARY CONTROLS
1.01 Noise Control
A. Take reasonable measures to avoid unnecessary noise when construction activities are being
performed in populated areas.
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and
operated in a manner to cause the least noise consistent with efficient performance of the work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.02 Dust Control
A. Dusty materials in piles or in transit shall be covered to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall
be kept moist with water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.03 Pollution Control
A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and
other substances resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the
site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and
culverts.
1.04 Erosion Control
A. Take such measures as are necessary to prevent erosion of soil that might result from construction
activities.
1. Measures in general will include:
a. Control of runoff.
b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sandbags, plastic sheets, riprap or culverts to prevent
the erosion of banks and beds of watercourses or drainage swales where runoff will be
increased due to construction activities.
B. Preserve natural vegetation to the greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize
erosion.
D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
END OF SECTION
City of Fort Collins SECTION 01500 — TEMPORARY CONTROLS
Park Planning & Development Division Page 1 of 1
SECTION 01510 -TEMPORARY UTILITIES
PART 1 -GENERAL
1.01 Utilities
A. Furnish all utilities necessary for construction including, but not limited to temporary electric power
and pay all cost associated with utilities during and used for the contract period. All temporary
utilities installation shall meet the construction safety requirements of OSHA, State and local
governing agencies.
1.02 Water
A. Contractor is responsible for obtaining water for construction and shall pay all costs associated with
establishing a temporary meter used during construction.
1.03 Sanitary Facilities
A. Furnish temporary sanitary facilities at the site in the vicinity of the construction for the needs of
construction workers and others performing work or furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure sanitary facilities from public view to the greatest extent practical.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01510 - TEMPORARY UTILITIES
Park Planning & Development Division Page 1 of 1
SECTION 01570 -TRAFFIC CONTROL
PART 1 - GENERAL
1.01 General
A. Traffic Control necessary to complete the project as depicted in the plans and specifications will be
provided by the Contractor and will not be paid for separately.
B. The Contractor must submit traffic control plans and coordinate all traffic control with the City's
Traffic Control Coordinator. The traffic control plans must he submitted and approved 72 hours prior
to starting construction and before making each modification.
C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic
Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority
having jurisdiction.
D. Limited closures may be permitted for short periods up to three days to allow installation of concrete
pavement. Closures must be requested and approved 72 hours prior to anticipated closure.
E. Limited alternating one-way traffic operation may be permitted during the hours from 9:00 A.M. to
3:30 P.M. One-way traffic operation must be requested and approved 72 hours prior to anticipated
operation.
F. At all times, Contractor must maintain two-way traffic with a minimum of one lane of traffic in each
direction. Limited closures may be allowed.
G. The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access
during the duration of the project. It will be the Contractor's responsibility to coordinate and
communicate with the residents during construction.
H. Keep traffic areas free of excavated material, construction equipment, pipe, and other materials and
equipment.
1. Keep fire hydrants and utility control devices free from obstruction and available for use at all times.
J. Conduct operations in a manner to avoid unnecessary interference with public and private roads and
drives.
K. Provide and maintain temporary approaches or crossings at streets, businesses, and residences.
L. Keep roads open and in acceptable condition, unless closure or detour has been approved by City's
Traffic Control Coordinator 72 hours prior to closure or detour.
M. Define a temporary pedestrian access route for children coming from the surrounding neighborhoods.
This pedestrian access route shall be located outside of the project limits. The pedestrian access route
shall be kept free of excavated material, construction equipment, pipe, and other materials.
1.02 Traffic Control Plan
A. Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance. Plan
must be accepted 72 hours prior to work commencing at the site. Maintain the accepted plan
throughout all phases of construction. Provide copy to Owner prior to submittal.
1. Notify police, sheriff, ambulance services, and fire authorities of traffic control plan and the
schedule of it. Distribute copies if requested.
City of Fort Collins SECTION 01570 -TRAFFIC CONTROL
Park Planning & Development Division Page 1 of 2
11.4. 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.
11.5. Bids by joint 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.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. 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.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
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.
7/96
Section 00100 Page 5
1.03 Flagmen
A. Required where necessary to provide for public safety, or the regulation of traffic, or by jurisdictional
authorities.
B. Shall be properly equipped and licensed.
1.04 Warning Signs and Lights
A. Provide suitable barricades and warning signs for:
1. Open trenches and other excavations.
2. Obstructions, such as material piles, equipment, piled embankment.
B. Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise.
C. Protect roads and driveways by effective barricades on which are placed acceptable warning signs.
1.05 Parking
A. Provide suitable parking areas for the use of all construction workers and others performing work or
famishing services in connection with the Project so as to avoid interference with private property,
public traffic, City's operations, or construction activities. Such parking shall occur on the project site
or another suitable location, approved by the City.
1.06 Roadway Usage between Operations
A. At all times when Work is not actually in progress, Contractor shall make passable and shall open to
traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon
between Contractor and City and all authorities having jurisdiction over any properties involved.
PART 2 - MATERIALS (Not Used)
PART 3 - EXECUTION (Not Used)
PART 4 - MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01570 - TRAFFIC CONTROL
Park Planning & Development Division Page 2 of 2
SECTION 01600 — MATERIALS AND EQUIPMENT
PART 1-GENERAL
1.01 Related Documents
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions
and other Division 1 Specification Sections, apply to this Section.
1.02 Summary
A. This Section includes administrative and procedural requirements governing the Contractor's selection
of products for use in the Project.
1.03 Definitions
A. Definitions used in this Article are not intended to change the meaning of other terms used in the
Contract Documents, such as "specialties," "systems," "structure," "finishes," "accessories," and
similar terms. Such terms are self-explanatory and have well -recognized meanings in the construction
industry.
1. "Products" are items purchased for incorporation in the Work, whether purchased for the Project
or taken from previously purchased stock. The term "product" includes the terms "material,"
"equipment.. "systems," and terms of similar intent.
2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined, or otherwise
fabricated, processed, or installed to form a part of the Work.
3. "Equipment" is a product with operational parts, whether motorized or manually operated, that
requires service connections, such as wiring or piping.
1.04 Submittals
A. Product List: Prepare a list showing products specified in tabular form acceptable to the Owner.
Include generic names of products required. Include the manufacturer's name and proprietary product
names for each item listed.
1. Coordinate product list with the Contractor's Construction Schedule and the Schedule of
Submittals.
2. Form: Prepare product list with information on each item tabulated under the following column
headings:
a. Related Specifications Section number.
b. Generic name used in Contract Documents.
C. Proprietary name, model number, and similar designations.
d. Manufacturer's name and address.
e. Supplier's name and address.
f. Installer's name and address.
g. Projected delivery date or time span of delivery period.
3. Initial Submittal: Within 30 days of date commencement of the Work, submit 3 copies of an initial
product list. Provide a written explanation of omissions of data and for known variations from
Contract requirements.
City of Fort Collins SECTION 01600 - MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 1 of 3
4. Complete List: Within 60 days after date of commencement of the Work, submit 3 copies of the
completed product list. Provide a written explanation for omissions of data and for known
variations from Contract requirements.
5. Owner's Action: The Owner will respond in writing to Contractor within 2 weeks of receipt of the
completed product list. No response within this period constitutes no objection to listed
manufacturers or products, but does not constitute a waiver of the requirement that products
comply with Contract Documents. The Owner's response will include a list of unacceptable
product selections, containing a brief explanation of reasons for this action.
1.05 Quality Assurance
A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single
source.
B. Compatibility of Options: When the Contractor is given the option of seeking between 2 or more
products for use on the Project, the product selected shall be compatible with products previously
selected, even if previously selected products were also options.
C. Foreign Product Limitations: Except under one or more of the following conditions provide domestic
products, not foreign products, for inclusion in the Work:
1. Not available domestic product complies with the Contract Documents.
2. Domestic products that comply with the Contract Documents are available only at prices or terms
substantially higher than foreign products that comply with the Contract Documents.
1.06 Product Delivery, Storage and Handling
A. Delivery, store, and handle products according to the manufacturer's recommendations, using means
and methods that will prevent damage, deterioration, and loss, including theft.
1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of
construction spaces.
2. Coordinate delivery with installation time to assure minimum holding time for items that are
flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.
3. Delivery products to the site in an undamaged condition in the manufacturer's original sealed
container or other packaging system, complete with labels and instructions for handling, storing,
unpacking, protecting, and installing.
4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure
that products are undamaged and properly protected.
5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or
counting of units.
6. Store heavy materials away from the Project structure in a manner that will not endanger the
supporting construction.
7. Store products subject to damage by the elements above ground, under cover in a weather -tight
enclosure, with ventilation adequate to prevent condensation.
PART 2 -PRODUCTS
2.01 Product Selection
A. General Product Requirements: Provide products that comply with the Contract Documents, that are
undamaged and, unless otherwise indicated, new at the time of installation.
City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 2 of 3
B. Product Selection procedures: The Contract Documents and governing regulations govern product
selection. Procedures governing product selection include the following:
1. Proprietary Specification Requirements: Where Specifications name only a single product or
manufacturer, provide the product indicated. No substitutions will be permitted.
2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or
manufacturers or where Specifications specify products or manufacturers by name, accompanied
by the term "or equal" or "or approved equal," provide one of the products listed or comply with
the Contract Document provisions concerning "substitutions" or obtain approval for use of an
unnamed product.
3. Nonproprietary Specification Requirements: When Specifications list products or manufacturers
that are available and may be incorporated in the Work, but do not restrict the Contractor to use
these products only, the Contractor may propose any available product that complies with
Contract requirements. Comply with Contract Document provisions concerning "substitutions" to -
obtain approval for use of an unnamed product.
4. Descriptive Specification Requirements: Where Specifications describe a product or name,
provide a product or assembly that provides the characteristics and otherwise complies with
Contract requirements.
5. Compliance with Standards, Codes, and Regulations: Where Specifications only require
compliance with an imposed code, standard, or regulation, select a product that complies with the
standards, codes, or regulations specified.
6. Visual Matching: Where Specifications require matching an established Sample, the Owner's
decision will be final on whether a proposed product matches satisfactorily.
7. Visual Selection: Where specified product requirements include the phrase "... as selected from
manufacturer's standard colors, patterns, textures..." or a similar phrase, select a product and
manufacturer that complies with other specified requirements. The Owner will select the color,
pattern, and texture from the product line selected.
PART 3 - EXECUTION
3.01 Installation of Products
A. Comply with manufacturer's instructions and recommendations for installation of products in the
applications indicated. Anchor each product securely in place, accurately located and aligned with
other Work.
END OF SECTION
City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 3 of 3
} r�
SECTION 01700 — CONTRACT CLOSEOUT
PART 1 —GENERAL
1.01 Related Documents
A. Drawings and general provisions of the Contract, including general and supplementary conditions and
other Division 1 specification sections, apply to this section.
1.02 Summary
A. This Section includes administrative and procedural requirements for contract closeout including, but
not limited to, the following:
1. Inspection procedures.
2. Project record document submittal.
3. Operation and maintenance manual submittal.
4. Submittal of warranties.
5. Final cleaning.
B. Closeout requirements for specific construction activities are included in the appropriate Sections in
Divisions 2 through 16.
1.03 Substantial Completion
A. Preliminary Procedures: Before requesting inspection for certification of Substantial Completion,
complete the following. List exceptions in the request.
1. In the Application for Payment that coincides with, or fast follows, the date Substantial
Completion is claimed, show 100 percent completion for the portion of the Work claimed as
substantially complete.
2. Advise the Owner of pending insurance changeover requirements.
3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and
similar documents.
4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to
services and utilities. Include occupancy permits, operating certificates, and similar releases.
5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement
surveys, property surveys, and similar final record information.
6. Deliver tools, spare parts, extra stock, and similar items.
7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's
personnel of changeover in security provisions.
8. Complete startup testing of systems and instruction of the Owner's operation and maintenance
personnel. Discontinue and remove temporary facilities from the site, along with mockups,
construction tools, and similar elements.
9. Complete final cleanup requirements, including touchup painting.
10. Touch up and otherwise repair and restore marred, exposed finishes.
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 1 of 6
B. Inspection Procedures: On receipt of a request for inspection, the Owner will either proceed with
inspection or advise the Contractor of unfilled requirements. The Owner will prepare the Certificate of
Substantial Completion following inspection or advise the Contractor of construction that must be
completed or corrected before the certificate will be issued.
1. If the Owner's Representative determines that the work is not substantially complete at the time of
review or that deficiencies remain at time of compliance review, the Contractor shall pay for the
additional review(s) by Owner's Representative.
2. Results of the completed inspection will form the basis of requirements for final acceptance.
1.04 Status after Substantial Completion
A. The date of substantial completion marks the beginning of the maintenance period defined in Section
02970 — Planting Maintenance.
B. During maintenance period, the following conditions hold:
1. Insurance: Same as during construction.
2. Electricity and Irrigation Water: Supplied by Owner, as installed by Contractor under this
contract.
3. Bonds: Remain in effect.
4. Retainage: Same as during construction.
1.05 Final Acceptance
A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and
final payment, complete the following. List exceptions in the request.
I . Submit the final payment request with releases and supporting documentation not previously
submitted and accepted. Include insurance certificates for products and completed operations
where required.
2. Submit an updated final statement, accounting for final additional changes to the Contract Sum.
3. Submit a certified copy of the Owner's final inspection list of items to be completed or corrected,
endorsed and dated by the Owner. The certified copy of the list shall state that each item has been
completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner.
4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of
the date of Substantial Completion or when the Owner took possession of and assumed
responsibility for corresponding elements of the Work.
5. Submit consent of surety to final payment.
6. Submit a final liquidated damages settlement statement.
7. Submit evidence of final, continuing insurance coverage complying with insurance requirements.
B. Reinspection Procedure: The Owner will reinspect the Work upon receipt of notice that the Work,
including inspection list items from earlier inspections, has been completed, except for items whose
completion is delayed under circumstances acceptable to the Owner.
1. Upon completion of reinspection, the Owner will prepare a certificate of final acceptance. If the
Work is incomplete, the Owner will advise the Contractor of Work that is incomplete or of
obligations that have not been fulfilled but are required for final acceptance.
2. If necessary, reinspection will be repeated.
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 2 of 6
1.06 Record Document Submittals
A. General: Do not use record documents for construction purposes. Protect record documents from
deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the
Owner's reference during normal working hours.
B. Record Drawings: Maintain a clean, undamaged set of blue or black line white -prints of Contract
Drawings and Shop Drawings. Mark the set to show the actual installation where the installation
varies substantially from the Work as originally shown. Mark which drawing is most capable of
showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at
the corresponding location on the Contract Drawings. Give particular attention to concealed elements
that would he difficult to measure and record at a later date.
1. Mark record sets with red erasable pencil. Use other colors to distinguish between variations in
separate categories of the Work.
2. Mark new information that is important to the Owner but was not shown on Contract Drawings or
Shop Drawings.
3. Note related change -order numbers where applicable.
4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets;
print suitable titles, dates, and other identification on the cover of each set.
5. Prior to Contract Closeout, obtain from the Owner a reproducible mylar copy of the Drawings.
Using technical drafting pen, duplicate information contained on the Record Drawings maintained
on site.
Label each sheet "Record Drawing." On the first sheet, the Contractor or resident
Superintendent shall execute the following statement:
Having reviewed this document and all attachments, I affirm that, to the best of my knowledge, the
information presented here is true and accurate.
Signed:
Position:
Date:
C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda.
Include with the Project Manual one copy of other written construction documents, such as Change
Orders and modifications issued in printed form during construction.
1. Mark these documents to show substantial variations in actual Work performed in comparison
with the text of the Specifications and modifications.
2. Give particular attention to substitutions and selection of options and information on concealed
construction that cannot otherwise be readily discerned later by direct observation.
3. Note related record drawing information and Product Data.
4. Upon completion of the Work, submit record Specifications to the Owner.
D. Record Product Data: Maintain one copy of each Product Data submittal. Note related Change Orders
and markup of record drawings and Specifications.
City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT
Park Planning & Development Division Page 3 of 6
1. Mark these documents to show significant variations in actual Work performed in comparison
with information submitted. Include variations in products delivered to the site and from the
manufacturer's installation instructions and recommendations.
2. Give particular attention to concealed products and portions of the Work that cannot otherwise be
readily discerned later by direct observation.
3. Upon completion of markup, submit complete set of record Product Data to the Owner.
E. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of
miscellaneous record keeping and submittals in connection with actual performance of Work.
Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and
place in good order. Identify miscellaneous records properly and bind or file, ready for continued use
and reference. Submit to the Owner.
F. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size.
Bind properly indexed data in individual, heavy-duty, 2-inch (51-min), 3-ring, vinyl -covered binders,
with pocket folders for folded sheet information. Mark appropriate identification on front and spine of
each binder. Include the following types of information:
1. Emergency instructions.
2. Spare parts list.
3. Copies of warranties.
4. Wiring diagrams.
5. Recommended "tum-around" cycles.
6. Inspection procedures.
7. Shop Drawings and Product Data.
8. Fixture lamping schedule.
1.07 Warranties and Bonds
A. Provide duplicate notarized copies. Maintain copies of all Contractor's submittals and assemble
documents executed by subcontractors, suppliers, and manufacturers. Provide table of contents and
assemble in binder with durable plastic cover.
B. Submit material prior to final application for payment. For items of Work delayed materially beyond
date of substantial completion, provide updated submittal within ten days after acceptance, listing date
of acceptance as start of warranty period.
1.08 Final Payment
A. At the end of maintenance period, submit written certification that Contract Documents Work has been
reviewed and that Work is complete in accordance with Contract Documents and ready for Owner
Representative's review.
B. In addition to submittals required by the conditions ofthe Contract provide submittals required by
governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum,
previous payments and sum remaining due.
C. Owner's Representative will issue a final Change Order reflecting approved adjustments to Contract
Sum not previously made by Change Order.
D. Retainage will be held until advertisement for liens and encumbrances is completed.
PART 2 — PRODUCTS (Not Applicable)
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 4 of 6
PART 3 — EXECUTION
3.01 Closeout Procedures
A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular
maintenance to meet with the Owner's personnel to provide instruction in proper operation and
maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in
operation and maintenance procedures. Include a detailed review of the following items:
1.
Maintenance manuals.
2.
Record documents.
3.
Spare parts and materials.
4.
Tools.
5.
Lubricants.
6.
Fuels.
7.
Identification systems.
8.
Control sequences.
9.
Hazards.
10.
Cleaning.
11.
Warranties and bonds.
12. Maintenance agreements and similar continuing commitments
B. As part of instruction for operating equipment, demonstrate the following procedures:
1. Startup.
2. Shutdown.
3. Emergency operations.
4. Noise and vibration adjustments.
5. Safety procedures.
6. Economy and efficiency adjustments.
7. Effective energy utilization.
3.02 Final Cleaning
A. General: The General Conditions require general cleaning during construction. Regular site cleaning
is included in Division 1.
B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each
surface or unit to the condition expected in a normal, commercial building cleaning and maintenance
program. Comply with manufacturer's instructions.
1. Complete the following cleaning operations before requesting inspection for certification of
Substantial Completion.
C. Removal of Protection: Remove temporary protection and facilities installed for protection of the
Work during construction.
1. Remove labels that are not permanent labels.
2. Clean transparent materials, including mirrors and glass in doors and windows.
3. Clean exposed exterior and interior hard -surfaced finishes to a dust -free condition, free of stains,
films, and similar foreign substances. Restore reflective surfaces to their original condition.
Leave concrete floors broom clean.
4. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication and other
substances. Clean plumbing fixtures to a sanitary condition. Clean light fixtures and lamps.
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 5 of 6
5. Clean the site, including landscape development areas, of rubbish, litter, and other foreign
substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits.
Rake grounds that are neither paved nor planted to a smooth, even -textured surface.
D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for
cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's
property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove
waste materials from the site and dispose of lawfully.
1. Where extra materials of value remain after completion of associated Work, they become the
Owner's property. Dispose of these materials as directed by the Owner.
END OF SECTION 01700
City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT _
Park Planning & Development Division Page 6 of 6
14.1. Bids may be modified
executed (in a manner that
place where Bids are to be
Bids.
or withdrawn by an appropriate document duly
a Bid must be executed) and delivered to the
submitted at any time prior to the opening of
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 major 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.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
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
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between 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
Section 00100 Page 6
7/96
DIVISION 1
SECTION 01800 - DEFINITION OF BID ITEMS
The following items describe the scope of work for this contract and are further clarified through limit -of -work lines, notes
aon the drawings and specifications. The work described in each Bid Item may contain work from one or several technical
specifications sections. The contractor shall refer to the technical specifications that apply to the individual components.
Bid Item 1 - Mobilization
Includes mobilization, marshalling, disassembly and security of all items indicated on the plans or specifications
Bid Item 2 - Irrigation System
Contractor shall install irrigation system per drawings and specifications. Bid amount includes all labor, equipment, material,
trenching, backfilling, compacting, finegrading and all other related work for a complete item.
Bid Item 3 - Soil Preparation and Fine Grading
Contractor shall provide material and equipment for soil preparation and fine grading as per specifications. Compost at a rate
of 6 cubic yards per 1,000 square feet to be applied to shrub planting and seeding areas.
Bid Item 4 - Seeding
Contractor shall provide all fertilizer, seed, labor and equipment to seed 3 (three) separate seed mixes per drawings and
specifications.
Bid Item 5 - Tree Planting
Contractor shall provide labor, plant material, fertilizer, backfill and mulch for the planting of trees per drawings and
specifications.
Bid Item 6 - Shrub Planting
Contractor shall provide labor, plant material, fertilizer, backfill and mulch for the planting of shrubs per drawings and
specifications.
Bid Item 7 - Fence
Contractor shall provide material and labor for a temporary fence along shrub bed on south shore at Mulberry Street. Use 5'
orange construction mesh attached to metal t-posts. T-posts placed every 10 feet. Fence is for protection of plant material
after planting. Fence to be removed at a later date by City of Fort Collins Parks.
City of Fort Collins
Park Planning Development Division
SECTION 01800 - DEFINITION OF BID ITEMS
Page 1 of 1
SECTION 02810
IRRIGATION
PART 1 - GENERAL
1.01 SCOPE
Furnish all labor, materials, supplies, equipment, tools, and transportation, and perform all operations
in connection with and reasonably incidental to the complete installation of the irrigation system, and
guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items
of work specifically included are:
A. Procurement of all applicable licenses, permits, and fees.
B. Connections to existing stub -out lines from previous construction phase.
C. Installation of irrigation system indicated for this construction phase.
D. Connection of electrical power supply to the irrigation control system.
E. Maintenance period.
1.02 RELATED WORK
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
B. Division 1 - General Requirements:
1. Section 01300 - Submittals.
2. Section 01700 - Contract Closeout, Project Record Documents.
C. Division 2 - Site Work:
1. Section 02220 - Earthwork/Grading.
2. Section 02920 — Grasses.
3. Section 02930 — Exterior Plants.
1.03 SUBMITTALS
A. Submit samples under provisions of Section 01300 - Submittals.
B. Materials List: Include pipe, fittings, mainline components, water emission components,
control system components. Quantities of materials need not be included.
C. Manufacturers' Data: Submit manufacturer's catalog cuts, specifications, and operating
instructions for equipment shown on the materials list.
D. Shop Drawings: Submit shop drawings called for in the installation details. Shop products
required for proper installation, their relative locations, and critical dimensions. Note
Sheldon Lake Drainage Improvements 02810 -1 Irrigation
11/02
modifications to the installation detail.
E. Controller Charts: Submit controller charts for review
1.04 RULES AND REGULATIONS
A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and
applicable laws and regulations of the governing authorities.
B. When the contract documents call for materials or construction of a better quality or larger size
than required by the above -mentioned rules and regulations, provide the quality and size
required by the contract documents.
1.05 TESTING
A. Notify the Owner's Representative three days in advance of testing.
B. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure _.
test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC
joints shall be allowed to cure at least 24 hours before testing.
C. Subsections of mainline pipe may be tested independently, subject to the review of the Owner's
Representative.
D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or
retests.
E. Hydrostatic Pressure Test:
1. Backfill to prevent pipe from moving under pressure. Expose couplings and fittings.
2. Subject mainline pipe to a hydrostatic pressure equal to 100 psi for two hours. Leakage
will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or
appurtenance. Repeat the test until the pipe passes test.
F. Coverage Test:
1. Activate each remote control valve in sequence. The Owner's Representative will visually —
observe water application patterns.
2. Adjust or move system components to correct coverage deficiencies. Repeat the test until
the system passes test. -
G. Cement or caulking to seal leaks is prohibited.
1.06 REVIEWS
A. Sprinkler Layout Review:
1. Notify Owner's Representative three days in advance of review. Static pressure at water
supply must be verified prior to review.
Sheldon Lake Drainage Improvements 02810 - 2 Irrigation
11/02 —
2. Stake each sprinkler location, remote control valve assembly, gate valve, and all other
irrigation system assemblies. Different sprinkler types shall be clearly marked. Revise
layout as directed by Owner's Representative. Layout review may be repeated at
discretion of Owner's Representative.
3. All landscape edging, tree locations, and other known site features must be staked or
clearly marked prior to sprinkler layout review.
4. Where the irrigation system must be modified due to discrepancies between the irrigation
plans and actual site conditions, the layout shall be modified per -the direction of the
Owner's Representative. Where modifications result in the addition or deletion of
irrigation equipment, the Contractor shall be paid, or the Owner credited, per irrigation
unit cost schedule.
5. Layout review shall occur prior to installation of irrigation system unless otherwise
directed by Owner's Representative.
B. Review will occur at substantial completion of irrigation system and record (as -built) drawings.
Comply with Section 01700 - Contract Closeout.
C. Final review will be performed after completion of punch list items.
1.07 GUARANTEEIWARRANTY AND REPLACEMENT
The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of
prime quality, installed and maintained in a thorough and careful manner.
A. For a period of one year from the date of final acceptance, guarantee/warranty irrigation
materials, equipment, and workmanship against defects. Fill and repair depressions. Restore
landscape or structural features damaged by the settlement of irrigation trenches or
excavations. Repair damage to the premises caused by a defective item. Make repairs within
three days of notification from the Owner's Representative.
B. Contract documents govem replacements the same as new work. Make replacements at no cost
in contract price.
C. Guarantee/warranty applies to originally installed materials and equipment and replacements
made during the guarantee/warranty period.
PART 2 — MATERIALS
2.01 QUALITY
A. Materials used in the system shall be new and without flaws or defects of any type, and shall
be the best of their class and kind.
2.02 SUBSTITUTIONS
A. Substitutions are not encouraged and as a general rule will not be allowed.
B. Submit requests for substitutions prior to bidding. Subsequent requests for substitutions will
be considered only when a product becomes unavailable.
Sheldon Lake Drainage Improvements 02810 - 3 Irrigation
11/02
C. Submit complete data showing compliance with the Contract Documents.
D. In making a request for substitution, the Contractor represents that he:
1. Has investigated the proposed substitution and found that it is of the same or better
quality level, capacity, function, or appearance than the specified product.
2. Will coordinate installation and make modifications to the work, which may be required
for complete installation.
3. Will bear all costs resulting from necessary changes caused by the substitution.
E. The Owner's Representative will determine acceptability of proposed substitution and will
notify Contractor of acceptance or rejection.
F. Pipe sizes referenced in the construction documents are minimum sizes, and may be increased
at the option of the Contractor.
2.03 SLEEVING
A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring
bundle.
B. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent
welded joints.
C. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints.
D. Sleeving diameter: As indicated on the drawings and installation details.
2.04 PIPE AND FITTINGS
A. Mainline Pipe and Fittings:
1. Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation
Foundation (NSF) approved pipe, extruded from material meeting the requirements of
Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled
end.
2. Use Class 200, SDR-21, rated at 200 psi, conforming to the dimensions and tolerances
established by ASTM Standard D2241.
3. Use Sch 40 solvent weld pipe for mainline pipe with a nominal diameter less than four
inches or where a pipe connection occurs in a sleeve. Use Class 200 gasketed pipe for
mainline pipe with a nominal diameter of four inches and larger
4. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards
D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to
conform to ASTM Standard D2564.
5. Gasketed fittings shall be class 200 PSI rated PVC, epoxy -coated steel, cast iron, or A/C.
Insertion of the pipe in the coupling shall be controlled by an internal PVC mechanical
stop in the coupling, which will allow for a thermal expansion and contraction. Coupling
method shall allow for half of the expansion or contraction of each pipe section to be
taken up at each end of the pipe. Couplings shall permit 5 degrees deflection (2.5 degrees
on each side) of the pipe without any evidence of infiltration, exfiltration, cracking or
breaking
Sheldon Lake Drainage Improvements 02810 - 4 Irrigation
11/02
B. Lateral Pipe and Fittings:
Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation
Foundation (NSF) approved pipe, extruded from material meeting the requirements of
Cell Classification 12454-A or 12454 B, ASTM Standard D1784, with an integral belled
end suitable for solvent welding.
2. Use Class 200, SDR-21, rated at 200 psi, conforming to the dimensions and tolerances
established by ASTM Standard D2241.
a. Fittings for PVC pipe shall be Schedule 40, Type I, PVC solvent weld fittings-
ASTM Standards D2466 and D1784.
b. Use primer approved by the pipe manufacturer. Solvent cement to conform to
ASTM Standard D2564, of a type approved by the pipe manufacturer.
C. Specialized Pipe and Fittings:
Copper pipe: Type "K" rigid conforming to ASTM Standard B88.
a. Fittings shall be wrought copper or cast bronze, soldered or threaded per the
installation details. Solder shall be 95% tin and 5% antimony.
2. Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to
an iron -based metal (iron, galvanized steel, stainless steel).
3. Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples
and PVC Schedule 40 threaded fittings.
4. Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use
nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on
metal threaded connections.
2.05 MAINLINE COMPONENTS
A. Isolation Gate Valve Assembly: as presented in the installation details.
B. Quick Coupling Valve Assembly: double swing joint arrangement as presented in the
installation details.
C. Remote Control Hydrometer Assembly: Install as presented in the installation details
D. Winterization Assembly: Install as presented in the installation details
2.06 SPRINKLER RMGATION COMPONENTS
A. Remote Control Valve (RCV) Assembly for Sprinkler and Bubbler Laterals: as presented in
the installation details.
B. Sprinkler Assembly: as presented in the drawings and installation details.
Sheldon Lake Drainage Improvements 02810 - 5 Irrigation
11/02
2.07 CONTROL SYSTEM COMPONENTS
A. Irrigation Controller Unit:
1. Provide controller as per drawings
2. Wire markers: Prenumbered or labeled with indelible nonfading ink, made of permanent,
nonfading material. -
3. Primary surge protection arrestors: as per manufacturer's recommendations.
4. Valve output surge protection arrestors: as per manufacturer's recommendations.
5. Provide shop drawing of installation in building for review and approval of Owner's
Representative.
B. Control Wire:
1. Electric wire from the controller unit to each remote control valve shall be American Wire
Gauge (AWG) No. 14 solid copper, Type OF cable, UL approved for direct underground
burial. Common wire shall be AWG No. 14 solid copper, Type OF cable, UL approved
for underground burial.
2. Color: Wire color shall be continuous over its entire length. Use white for common _..
ground wire. Use easily distinguished colors for other control wires. Spare control wires
shall be of a color different from that of the active control wire. Use red for valves and
black for spare wires.
3. Splices: As presented in installation details.
4. Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical
conduit. All wire under sidewalks and pavements shall be encased in a sleeve.
2.08 OTHER COMPONENTS
A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other items,
and spare parts indicated in the General Notes of the drawings.
PART 3 - EXECUTION
3.01 INSPECTIONS AND REVIEWS
A. Site Inspections:
1. Verify site conditions and note irregularities affecting work of this section. Report
irregularities to the Owner's Representative prior to beginning work.
2. Beginning work of this section implies acceptance of existing conditions.
B. Irrigation System Layout Review: Irrigation system layout review will occur after the layout
has been completed. Notify the Owner's Representative two days in advance of review.
Modifications will be identified by the Owner's Representative at this review.
C. Verify locations of underground utilities. —_
3.02 LAYOUT OF WORK
A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves,
Sheldon Lake Drainage Improvements 02810 - 6 Irrigation
11/02 —
controller, and isolation valves.
3.03 EXCAVATION, TRENCHING, AND BACKFILLING
A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for
installing connections and fittings.
B. Minimum cover over all pipe and wire shall be as presented in the installation details.
C. PVC lateral pipes may be pulled into the soil utilizing a vibratory plow device specifically
manufactured for pipe pulling. Minimum burial depths per installation details.
D. Backfill only after lines have been reviewed and tested.
E. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish,
vegetable matter, frozen materials, and stones larger than two inches in maximum dimension.
Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp
objects which may damage the pipe.
F. Backfill unsleeved pipe in either of the following manners:
1. Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the
remainder of the trench in 6-inch layers. Compact to density of surrounding soil.
2. Backfill the trench by depositing the backfill material equally on both sides of the pipe in
6-inch layers and compacting to the density of surrounding soil.
G. Enclose pipe and wiring beneath roadways, walks, curbs, etc., in sleeves. Minimum
compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D 698-78.
Use of water for compaction around sleeves, "puddling," will not be permitted.
H. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades.
I. Where utilities interfere with irrigation trenching and pipe work, contact the Owner's
Representative for trench depth adjustments.
3.04 IRRIGATION TAP AND WATER METER
A. Connect to tap and water meter as shown on water distribution plan.
3.05 SLEEVING AND BORING
A. Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified
burial depth.
B. Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark
with stakes. Mark concrete with a chiseled "X" at sleeve end locations.
C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and
methods designed for horizontal boring.
3.06 ASSEMBLING PIPE AND FITTINGS
Sheldon Lake Drainage Improvements 02810 - 7
11/02
Irrigation
A. General:
1. Keep pipe free from dirt and pipe scale.
ends.
2. Keep ends of assembled pipe capped.
assembly.
B. Mainline Pipe and Fittings:
Cut pipe ends square and debur. Clean pipe
Remove caps only when necessary to continue
Use only strap -type friction wrenches for threaded plastic pipe.
2. PVC Solvent Weld Pipe:
a. Use primer and solvent cement. Join pipe in a manner recommended by the
manufacturer and in accordance with accepted industry practices.
b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe.
c. Snake pipe from side to side within the trench.
3. PVC Gasketed Pipe:
a. Gasketed fittings shall be class 200 PSI rated PVC, epoxy coated steel, cast iron, or
A/C. Insertion of the pipe in the coupling shall be controlled by an internal PVC
mechanical stop in the coupling which will allow for a thermal expansion and
contraction. Coupling method shall allow for half of the expansion or contraction of
each pipe section to be taken up at each end of the pipe. Couplings shall permit 5
degrees deflection (2.5 degrees on each side) of the pipe without any evidence of
infiltration, exfiltration, cracking or breaking
b. Snake pipe from side to side within the trench.
c. Install thrust blocks as specified in the installation details
C. Lateral Pipe and Fittings:
1. Use only strap -type friction wrenches for threaded plastic pipe.
2. PVC Solvent Weld Pipe:
a. Use primer and solvent cement. Join pipe in the manner recommended by
manufacturer and in accordance with accepted industry practices.
b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe.
c. Snake pipe from side to side within the trench.
D. Specialized Pipe and Fittings:
Copper Pipe:
a. Buff surfaces to be joined to a bright finish. Coat with solder flux.
b. Solder so that a continuous bead shows around the joint circumference.
2. Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an
iron -based metal (iron, galvanized steel, stainless steel) are joined.
Sheldon Lake Drainage Improvements 02810 - 8 Irrigation
11/02
3. PVC Threaded Connections:
a. Use only factory -formed threads. Field -cut threads are not permitted.
b. Use only Teflon -type tape.
C. When connection is plastic -to -metal, the plastic component shall have male threads
and the metal component shall have female threads.
4. Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint
compound applied to the male threads only.
3.07 INSTALLATION OF MAINLINE COMPONENTS
A. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so
that its elevation, orientation, access, and drainage conform to the manufacturer's
recommendations and applicable health codes.
B. Isolation Gate Valve Assembly: Install where indicated on the drawings.
C. Quick Coupling Valve Assembly: Install where indicated on the drawings.
D. Winterization Assembly: Install where indicated on the drawings.
E. Remote Control Hydrometer (Bermad 910P): Install where indicated on the drawings.
3.08 INSTALLATION OF SPRINKLER IRRIGATION COMPONENTS
A. Remote Control Valve (RCV) Assembly for Sprinkler Laterals:
1. Flush mainline before installation of RCV assembly.
2. Install where indicated on the drawings. Wire connectors and waterproof sealant shall be
used to connect control wires to remote control valve wires. Install connectors and
sealant per the manufacturer's recommendations.
3. Adjust RCV to regulate the downstream operating pressure.
B. Sprinkler Assembly:
1. Flush lateral pipe before installing sprinkler assembly.
2. Install per the installation details at locations shown on the drawings.
3. Set sprinklers perpendicular to the finish grade. .
4. Supply appropriate nozzle or adjust arc of coverage of each sprinkler for best
performance.
5. Adjust the radius of throw of each sprinkler for best performance.
3.09 INSTALLATION OF CONTROL SYSTEM COMPONENTS
A. Irrigation Controller Unit:
The location of the controller unit as depicted on the drawings is approximate.
Sheldon Lake Drainage Improvements 02810 - 9 Irrigation
11/02
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.
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.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder,
accompanied by the required number it will be
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
shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate
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.
7/96
Section 00100 Page 7
2. Lightning protection: Provide on all remote control valve wiring as recommended by the
manufacturer. Provide other components such as ground rod, grounding wire, etc., to
manufacturer's recommendations.
3. Install primary surge protection arrestors on incoming power lines.
4. Install one valve output surge protection arrestor on each control wire and one for the
common wire.
5. Attach wire markers to the ends of control wires inside the controller unit housing. - -
Label wires with the identification number (see drawings) of the remote control valve to
which the control wire is connected.
6. Connect control wires to the corresponding controller terminal.
B. Control Wire:
1. Bundle control wires where two or more are in the same trench. Bundle with pipe
wrapping tape spaced at 10-foot intervals.
2. Control wiring may be pulled into the soil utilizing a vibratory plow device specifically
manufactured for pipe pulling. Minimum burial depth equals minimum cover previously
listed.
3. Provide a 24-inch excess length of wire in an 8-inch diameter loop at each 90' change of
direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of
wiring. Do not tie wiring loop. Coil 24-inch length of wire within each remote control
valve box.
4. Install common ground wire and one control wire for each remote control valve.
Multiple valves on a single control wire are not permitted. Install two spare control
wires .along the entire length of the mainline. Provide a 24-inch length of wire from each
end of the spare control wires coiled in the control enclosure, and provide a 24-inch
length of coiled wire for each spare control wire in a 6-inch round valve box at each
distal end of the mainline pipe.
5. If a control wire must be spliced, make splice with wire connectors and waterproof
sealant, installed per the manufacturer's instructions. Locate splice in a valve box which
contains an irrigation valve assembly, or in a separate 6-inch round valve box. Use same
procedure for connection to valves as for in -line splices.
6. Unless noted on plans, install wire parallel with and under PVC mainline pipe.
7. Encase wire not installed with PVC mainline pipe in electrical conduit.
3.10 INSTALLATION OF OTHER COMPONENTS
A. Tools and Spare Parts: Prior to final acceptance, supply to the Owner operating keys, servicing -
tools, test equipment, spare parts indicated in the General Notes on the drawings, and any other
items indicated on the drawings.
B. Other Materials: Install other materials or equipment shown on the drawings or installation
details to be part of the irrigation system, even though such items may not have been
referenced in these specifications.
3.11 PROJECT RECORD DRAWINGS
A. Prior to substantial completion, obtain from the Owner's Representative a reproducible mylar
copy of the Drawings. Using technical drafting pen, duplicate information contained on the
Record Drawings maintained on site.
Sheldon Lake Drainage Improvements 02810 - 10 Irrigation
11/02 —
Label each sheet "Record Drawing". On the first sheet, the Contractor or resident
superintendent shall execute the following statement:
Having reviewed this document and all attachments, I affirm that, to the best of my
knowledge, the information presented here is true and accurate.
Signed:
Position:
Date
B. Record pipe and wiring network alterations. Record work which is installed differently than
shown on the construction drawings. Record accurate reference dimensions, measured from at
least two permanent reference points, of each irrigation system valve, each backflow
prevention device, each controller or control unit, each sleeve end, and other irrigation
components enclosed within a valve box.
3.12 CONTROLLER CHARTS
A. Prior to final acceptance, prepare a reduced copy of the as -built plans, with valve numbering
clearly highlighted at the reduced scale. The reduced plan shall be sized to fit flat within the
controller, laminated in plastic, and placed in the controller.
3.13 CLEANUP
A. Upon completion of work, remove from the site all machinery, tools, excess materials, and
rubbish.
END OF SECTION
Sheldon Lake Drainage Improvements 02810 - 11 Irrigation
11/02
THIS PAGE INTENTIONALLY LEFT BLANK
Sheldon Lake Drainage Improvements 02810 - 12 Irrigation
11/02 —
SECTION 02900 — LANDSCAPE TREES, SHRUBS AND PERENNIALS
PART 1- GENERAL
1.01 Work Included
A. Fumish all labor, materials, supplies, equipment, tools, and transportation, and perform all
operations in connection with and reasonably incidental to complete installation of the plantings
and guarantee as specified herein. Items of work specifically included are:
1. Procurement of all applicable licenses, permits, and fees.
2. Installation of trees, shrubs and perennials.
3. Mulch.
1.02 Related Work
A. Tree Protection: Section 02122
B. hrigation Installation: Section 02810
C. Seed Construction: Section 02940
D. Sod Construction: Section 02950
E. Planting Maintenance: Section 02970
1.03 Submittals & Quality Assurance
A. Submittals and test results shall be directed to the City Representative and shall be approved in
writing before affected work commences. ALL COSTS TO ENSURE QUALITY SHALL BE
PAID BY THE CONTRACTOR.
1. Submit three copies of manufacturer's specifications and literature on all products.
2. Submit three copies of complete materials list including quantities and descriptions of
materials.
B. Summary of submittals from this section:
Soil amendment analysis.
2. Mulch.
3. Plant material.
C. Provide at least one person who shall be present at all times during execution of this portion of the
work and who shall be thoroughly familiar with the type of materials being installed and the best
methods for their installation and who shall direct all work performed under this section.
1.04 Inspections
A. Site Inspection:
1. Contractor will inspect existing site conditions and note irregularities affecting the work of
this section. Verify that grading operations have been satisfactorily completed and that
topsoil of adequate quantity and quality has been placed in all disturbed areas as specified.
Verify that the areas to be revegetated are protected from concentrated runoff and sediment
City of Fort Collins Section 02900 — Landscape Trees, Shrubs and Perennials
Park Planning & Development Division Page 1 of 6
from adjacent areas. Note any previous treatments to the areas such as temporary seeding or
mulching and discuss with the City Representative how these treatments will affect
permanent revegetation. Report all irregularities affecting work of this section to the City
Representative before initiating work. When the Contractor begins work under this section, it
implies acceptance of existing conditions.
2. Contractor shall notify City Representative prior to start of work. City Representative will be
responsible to monitor the work.
B. Pre -planting hvcpections:
1. All plant material shall be inspected by a City Forestry Representative before planting.
Inspection of materials may be sequenced by major planting areas to accommodate efficient
planting operations. Plants for inspection must be in a single location preferably on the
project site. All rejected materials must be removed from the site, replaced and reinspected
before planting. If the supplier is a local nursery, tagged plants may be inspected at the
nursery. Photographs of the plant materials to be obtained from non -local sources may be
submitted to the City Forestry Representative for preliminary inspection. This preliminary
inspection is subject to final approval of plants at the job site. The Owner reserves the right
to reject any plant material at any stage of construction or guarantee period.
2. All soil amendments, backfill mixes and mulches will be inspected at the site by the City
Representative before they are used in planting operations.
3. City and Forestry Representatives will inspect staked locations of all trees before digging for
those plants occurs. City Representatives will inspect the location of all shrubs in their
containers at the proposed locations before digging commences. Contact City
Representatives at least two days in advance.
C. Final Inspection:
As soon as all planting is completed, a review and preliminary inspection to determine the
condition of the vegetation will be held by the City Representatives upon request by the
Contractor.
2. The inspection will occur only after the following conditions have been met:
a. All areas will be free of weeds and neatly cultivated;
b. All plant basins shall be in good repair;
c. Irrigation systems shall be fully operational with all heads properly adjusted;
d. All debris and litter shall be cleaned up and all walkways and curbs shall be cleaned of
soil and debris left from planting operations.
3. If, after the inspection, the City Representative is of the opinion that all work has been
performed as per the Contract Documents, and that all vegetation is in satisfactory growing
condition, he will give the Contractor Written Notice of Acceptance and the Guarantee
Period shall begin.
4. Work requiring corrective action in the judgment of the City Representative shall be
performed within the first ten (10) days of the guarantee period. Any work not performed
within this time will necessitate an equivalent extension of the guarantee period. Corrective
work and materials replacement shall be in accordance with the Contract Documents, and
shall be made by the Contractor at no cost to the Owner.
5. Final approval and Substantial Completion notice will be given when all deficiencies are
corrected.
City of Fort Collins Secfion 02900 — landscape Trees, Shrubs and Perennials
Park Planning & Devebpment Division Page 2 of 6
D. End of Guarantee Period Inspection:
1. At the end of the second full growing season City Representatives will inspect all trees for
satisfactory condition. The inspection shall take place in September and the City shall contact
the Contractor concerning replacements. Replacements may take place the following spring
if deemed proper or necessary.
2. The Contractor is responsible for removal of all tree stakes, wire and webbing at the end of
the guarantee period.
1.05 Guarantee
A. Guarantee landscape construction materials against defects due to any cause for a period of two
years.
B. Guarantee plant material used in this section against defects due to any cause for a period of two
full growing seasons from the date of acceptance of all work. This guarantee includes insect
infestation or infection by disease organisms.
C. This guarantee will not be enforced should woody vegetation die due to vandalism; improper
maintenance procedures carried out by the Owner involving over or under watering, lawn mower
damage, over -fertilization, fire, flood, or hail or other similar circumstances beyond the control of
the Contractor.
D. Replace woody vegetation when it is no longer in a satisfactory condition as determined by the
City Representative for the duration of the Guarantee Period. Make replacements within fourteen
days of notification from the City Representative. Replacement planting for trees shall be done in
the spring planting season, except as approved otherwise. Remove dead plants within seven days
of notification. If a tree is in marginal condition at the end of the guarantee period it may be
agreeable to both parties to wait until the end of the growing season before deciding whether to
replace that tree.
E. All replacements shall be of the same kind and size as originally specified and shall be installed as
described in the contract documents unless changes are approved by City Representatives.
Repairs and replacements shall be made at no expense to the Owner.
F. Guarantee shall apply to originally specified and installed plants and other landscape materials,
and any replacements made during the guarantee/warranty period.
PART 2 - MATERIALS
2.01 Plant Material
A. A complete list of plants including a schedule of quantities, sizes and other requirements is shown
on the Landscape Plan. If discrepancies occur between quantities of plants indicated in the plant
list and as indicated on the plan, the plan quantities shall govern.
B. No substitutions shall be accepted without approval from the Owner's Representative.
C. Plant material shall be a first-class representative of its species; healthy, vigorous, well -branched
and well proportioned with respect to height and width relationships. Inspect to assure that all
plants are free from disease, injury, insects and weed roots; and conform to the requirements of
the American Standard for Nursery Stock, ANSI 260.1 All plants are subject to inspection see
1.04 B.
D. Plant material that is grown in a zone more mild than USDA zone 5 shall be acclimated to
Colorado conditions prior to planting.
E. Digging, Wrapping, and Handling: Plants shall be dug and prepared for shipment in a manner that
will not cause damage to branches, shape, and future development after planting:
City of Fort Collins Section 02900 - Landscape Trees, Shrubs and Perennials
Park Planning & Development Division Page 3 of 6
1. Balled and burlapped plants shall be nursery grown stock adequately balled with firm, natural
balls of soil in sizes and ratios conforming to the Colorado Nursery Act as cited above. Balls
shall be firmly wrapped with non -treated burlap, secured with wire or jute, Broken balls will
not be accepted.
2. Container grown plants shall have been nursery grown in containers and shall have sufficient
roots to hold the entire soil mass together after container removal without being root -bound.
3. Options as to method: If all other requirements are met, a container grown plant may be
substituted for a balled and burlapped or field collected plant. Trees transplanted by
mechanical tree spade may be substituted for balled and burlapped trees as long as minimum
ball sizes are equal to or larger than AAN Standards.
F. Plant Protection: Plants shall be handled so roots are adequately protected at all times from drying
out and from other injury. Protect balls of balled plants which cannot be planted within twelve
hours of delivery with mulch or other suitable material. Where possible, store plants in the shade.
Keep all plant roots moist before, during, and after planting.
2.02 Soil Amendment
A. Compost or Well Rotted Manure:
Compost shall be dry, friable, free from lumps, stones, weeds seeds, and other foreign matter, and
free from mineral matter or chemical composition harmful to plant life; a totally organic product
that has been aerobically and naturally processed without the addition of coarse wood chips, in
such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a
period of time sufficient to create the following characteristics, measured by dry weight:
1. Maximum allowable organic matter: 60%.
2. pH: 7.4 to 8.5 pH.
3. Salts: <5 mmhos/cm.
4. Eradication of all harmful weed seeds, pathogens, and bacteria.
5. A non -offensive, earthy smell.
Submit sample and analysis for City approval prior to use in planting.
2.03 Staking Materials
A. Tree Stakes: 6-foot long metal "T" posts.
B. Guying and Staking Wire: Galvanized iron or steel 12-gauge wire.
C. Webbing: 2-inch nylon webbing.
2.04 Mulch
A. Shredded wood: Mulch shall be free from noxious weed seed and all foreign material harmful to
plant life. Submit samples.
2.05 Herbicide:
A. Round -Up
2.06 Watering:
A. No water will be available on site until installation of the irrigation system is complete. It is the
intent that all plant material be watered using the irrigation system after installation.
City of Fort Collins Section 02900 — landscape Trees, Shnibs and Perennials
Park Planning & Development Division Page 4 of 6
PART 3 - EXECUTION
3.01 Planting Woody Vegetation
A. Location: stake tree locations and place container shrubs as shown on the plans. Coordinate
review of locations with City Representative.
B. The following table identifies the minimum distances from trees to utilities etc.
Item Minimum Distance (feet)
Curbs 5
Sidewalks 5
Electric buried cable 4
Water lines 6
Sewer lines 10
Gas lines 4
Street lights — Shade trees 40
Street lights - Ornamental trees 15
Street signs 7
Intersections 30
Vaults and pits 5-10
Irrigation rotor heads 12-20
In turf areas:
Tree to tree — Shade trees 25
Tree to tree — Evergreen trees 15
Tree to tree — Ornamental trees 15
C. Planting Pits:
1. Dig planting pits two times the width of the root ball, see planting detail.
2. Roughen sides of the pit to remove any compacting or glazing. Mix loosened soil with
specified backfill.
D. Backfrll Material: Tree and shrub planting pits shall be backfilled with the following mix:
1. 2/3 existing pit soil by volume.
2. 1 /3 soil amendment by volume.
Thoroughly mix backfill material in accordance with industry accepted technique in order to
obtain a uniform, evenly blended consistency, free from pockets of unblended material and clods
or stones greater than two inches in diameter. Coordinate review of backfill mix with City
Representative.
E. Planting:
1. Place each tree and shrub in the planting pit so that it will be two inches above finish grade
for trees and one inch above finish grade for shrubs.
City of Fat Collins Section 02900 - Landscape Trees, Shrubs and Perennials
Park Planning & Development Division Page 5 of 6
2. Untie and remove burlap from top third of root ball on balled and burlapped material.
Complete removal of wire baskets is preferred, at a minimum remove wire baskets from top
and sides of root ball.
3. Backfill planting pit with backfill material and tamp to compact. Water in thoroughly. Be
sure no soil is placed on top of the root ball.
4. Stake all trees in a true vertical position per the appropriate construction detail.
5. Coordinate woody vegetation operations with other construction activities so that the
irrigation system can be used to water the vegetation immediately after planting.
3.02 Placing Mulch
A. Place a layer of wood mulch in all tree rings to the depth of 3-4 inches as shown on the
construction detail. Do not install weed barrier in tree rings. Deciduous tree rings shall be 4 feet
in diameter, coniferous tree rings shall extend I foot beyond the drip line.
B. Place mulch in all planting beds, if shrub or perennial beds are planned. Place mulch to a 3-4 inch
depth. Do not use weed barrier in perennial or groundcover beds (if present). Gently brush mulch
off of perennials once installed. Take care in placement not to damage newly planted vegetation.
3.03 Maintenance
A. Continuously maintain all plantings included in the Contract from the beginning of Contract work
and during the progress of work, see Section 02970 Planting Maintenance.
B. The Owner will assume the responsibility of maintenance including watering, fertilizing, weeding,
etc. upon written acceptance of Substantial Completion from the Owner. The Contractor shall
periodically inspect the project during the two year guarantee period and immediately notify the —
Owner's Representative of any irregularities or deficiencies which will affect the guarantee.
C. Round -Up herbicide may be used in mulched tree rings if grass seed has sprouted from seeding
operations.
D. The Contractor shall be responsible for resetting of any plants to an upright position or to proper
grade and for the removal and replacement of any dead plant material.
3.04 Project Record (As -Built Drawing)
A. Maintain one complete set of contract documents on site. Keep documents current. Record any
changes in location, quantity and species of plant material. Submit corrected drawings to the
Owner's Representative prior to final inspection.
3.05 Tree Stakes
A. Remove all metal T-posts, wire and webbing at the end of the two season guarantee period.
END OF SECTION
City of Fat Collins Section 02900 — Landscape Trees, Shrubs and Perennials
Park Planning & Development Division Page 6 of 6
SECTION 02920
GRASSES
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
Seeding.
B. Related Sections include the following:
1. Division 2 Section "Site Clearing" for topsoil stripping and stockpiling.
2. Division 2 Section "Earthwork" for excavation, filling and backfilling, and rough
grading.
1.3 DEFINITIONS
A. Finish Grade: Elevation of finished surface of planting soil.
B. Manufactured Soil: Soil produced off -site by homogeneously blending mineral soils or sand
with stabilized organic soil amendments to produce topsoil or planting soil.
C. Planting Soil: Native or imported topsoil, manufactured topsoil, or surface soil modified to
become topsoil; mixed with soil amendments.
D. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface
of a fill or backfill immediately beneath planting soil.
1.4 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Certification of Grass Seed: From seed vendor for each grass -seed monostand or mixture
stating the botanical and common name and percentage by weight of each species and variety,
and percentage of purity, germination, and weed seed. Include the year of production and date
of packaging.
C. Product Certificates: For soil amendments and fertilizers, signed by product manufacturer.
Sheldon Lake Drainage Improvements 02920 - 1 Grasses
11/02
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
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 rejected and reported to authorities as such. Your authorized
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 seven (7) days after
the Bid Opening.
END OF SECTION
7/96 Section 00100 Page 8
D. Qualification Data: For landscape Installer.
E. Material Test Reports: For existing surface soil and imported topsoil.
1.5 QUALITY ASSURANCE
A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful
seed establishment.
1. Installer's Field Supervision: Require Installer to maintain an experienced full-time
supervisor on Project site when planting is in progress.
B. Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages
of organic matter; gradation of sand, silt, and clay content; cation exchange capacity;
deleterious material; pH; and mineral and plant -nutrient content of topsoil.
1. Report suitability of topsoil for seed growth. State recommended quantities of nitrogen,
phosphorus, and potash nutrients and soil amendments to be added to produce a
satisfactory topsoil.
C. Preinstallation Conference: Conduct conference at Project site to comply with requirements in --
Division 1 Section "Project Management and Coordination."
1.6 DELIVERY, STORAGE, AND HANDLING
A. Seed: Deliver seed in original sealed, labeled, and undamaged containers.
1.7 SCHEDULING
A. Planting Restrictions: Plant during one of the following periods. Coordinate planting periods
with maintenance periods to provide required maintenance from date of Substantial Completion.
1. Spring Planting: March 1st to May 30th
2. Fall Planting: August ls'to October 1st
B. Weather Limitations: Proceed with planting only when existing and forecasted weather
conditions permit.
1.8 NATIVE GRASS MAINTENANCE
A. Begin maintenance immediately after each area is planted and continue until acceptable seed is --
established, but for not less than the following periods:
1. Seeded Areas: 60 days from date of Substantial Completion.
a. When full maintenance period has not elapsed before end of planting season, or if
Areas is not fully established, continue maintenance during next planting season.
Sheldon Lake Drainage Improvements 02920 - 2 Grasses ^
11/02
B. Maintain and establish grasses by watering, fertilizing, weeding, mowing, trimming, replanting,
and other operations. Roll, regrade, and replant bare or eroded areas to produce a uniformly
seeded area.
C. Watering: Water grasses with automatic sprinkler system or temporary sprinkler system.
1. Schedule watering to prevent wilting, puddling, erosion, and displacement of seed or
mulch. Lay out temporary watering system to avoid walking over muddy or newly
planted areas.
2. Water grasses at a minimum rate of 1 inch (25 min) per week.
PART2-PRODUCTS
2.1 SEED
A. Grass Seed: Fresh, clean, dry, new -crop seed complying with AOSA's "Journal of Seed
Technology; Rules for Testing Seeds" for purity and germination tolerances.
B. Seed Species: State -certified seed of grass species, as follows:
Mix A (Dryland): Provide certified grass seed blends or mixes, proportional by weight as
follows:
Common Name
% of Mix
Sheep Fescue
40%
Hard Fescue
40%
Chewing Fescue
20%
2. Mix B (Dryland/Wildflower): Provide certified grass seed blends or mixes, proportional
by weight as follows:
Common Name
% of Mix
Intermediate Wheatgrass
25%
Crested Wheatgrass
20%
Perennial Ryegrass
25%
Smooth Brome
20%
Dwarf Plains Coreopsis
5%
(native variety only)
Blue Flax
5%
(native vane only)
Sheldon Lake Drainage Improvements 02920 - 3 Grasses
11/02
3. Mix C (Dryland/Wildflower): Provide certified grass seed blends or mixes, proportional
by weight as follows:
Common Name I % of Mix
Intermediate Wheatgrass
10%
Western Wheatgrass
10%
Blue Flax (Linum lewisii)
20%
Perennial Blanketflower
201/o
(Gaillardia aristata)
Purple Cone Flower
(Echinacea purpurea)
20%
Upright Prairie Coneflower
201/6
C. Seed Species: Seed of grass species with not less than 95 percent germination and not more
than 0.5 percent weed seed.
2.2 TOPSOIL
A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of 4 percent organic material
content; free of stones 1 inch (25 mm) or larger in any dimension and other extraneous materials
harmful to plant growth.
Topsoil Source: Reuse surface soil stockpiled on -site. Verify suitability of stockpiled
surface soil to produce topsoil. Clean surface soil of roots, plants, sod, stones, clay
lumps, and other extraneous materials harmful to plant growth.
a. Supplement with imported or manufactured topsoil from off -site sources when
quantities are insufficient. Obtain topsoil displaced from naturally well -drained
construction or mining sites where topsoil occurs at least 4 inches (100 mm) deep;
do not obtain from agricultural land, bogs or marshes.
2.3 ORGANIC SOIL AMENDMENTS
A. Compost: Well -composted, stable, and weed -free organic matter, pH range of 5.5 to 8;
moisture content 35 to 55 percent by weight; 100 percent passing through 1-inch (25-mm)
sieve; soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert
contaminants and free of substances toxic to plantings; and as follows:
Organic Matter Content: 50 to 60 percent of dry weight.
Sheldon Lake Drainage Improvements 02920 - 4 Grasses
11/02
B. Manure: Well -rotted, unleached, stable or cattle manure containing not more than 25 percent by
volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks,
soil, weed seed, and material harmful to plant growth.
2.4 FERTILIZER
A. Commercial Fertilizer: Commercial -grade complete fertilizer of neutral character, consisting of
fast- and slow -release nitrogen, 50 percent derived from natural organic sources of urea
formaldehyde, phosphorous, and potassium in the following composition:
2.5 MULCHES
A. Straw Mulch: Provide air-dry, clean, mildew- and seed -free, salt hay or threshed straw of
wheat, rye, oats, or barley.
2.6 EROSION -CONTROL MATERIALS
A. Erosion -Control Blankets: Biodegradable wood excelsior, straw, or coconut -fiber mat enclosed
in a photodegradable plastic mesh. Include manufacturer's recommended steel wire staples, 6
inches (150 mm) long.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas to receive lawns and grass for compliance with requirements and other
conditions affecting performance. Proceed with installation only after unsatisfactory conditions
have been corrected.
3.2 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and
plantings from damage caused by planting operations.
B. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of
soil -bearing water runoff or airborne dust to adjacent properties and walkways.
3.3 NATIVE GRASS PREPARATION
A. Limit subgrade preparation to areas to be planted.
Sheldon Lake Drainage Improvements 02920 - 5 Grasses
11/02
B. Newly Graded Subgrades: Loosen subgrade to a minimum depth of 6 inches (150 mm) in any
dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them
off Owner's property.
1. Apply fertilizer directly to subgrade before loosening.
2. Apply soil amendments and fertilizer on surface, and thoroughly blend planting soil mix. -
a. Delay mixing fertilizer with planting soil if planting will not proceed within a few
days.
3. Spread planting soil mix to a depth of 6 inches (150 min) but not less than required to
meet finish grades after light rolling and natural settlement. Do not spread if planting soil
or subgrade is frozen, muddy, or excessively wet.
C. Unchanged Subgrades: If grasses are to be planted in areas unaltered or undisturbed by
excavating, grading, or surface soil stripping operations, prepare surface soil as follows:
1. Remove existing grass, vegetation, and turf. Do not mix into surface soil.
2. Loosen surface soil to a depth of at least of 6 inches (150 rum). Apply soil amendments
and fertilizers according to planting soil mix proportions and mix thoroughly into top 4
inches (100 mm) of soil. Till soil to a homogeneous mixture of fine texture.
a. Apply fertilizer directly to surface soil before loosening.
3. Remove stones larger than 1 inch (25 mm) in any dimension and sticks, roots, trash, and --.
other extraneous matter.
4. Legally dispose of waste material, including grass, vegetation, and turf, off Owner's
property.
D. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly
fine texture. Grade to within plus or minus 1/2 inch (13 mm) of finish elevation. Roll and rake,
remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be
planted in the immediate future.
E. Moisten prepared grasses areas before planting if soil is dry. Water thoroughly and allow
surface to dry before planting. Do not create muddy soil.
F. Restore areas if eroded or otherwise disturbed after finish grading and before planting. -
3.4 SEEDING
A. Sow seed with spreader or seeding machine. Do not broadcast or drop seed when wind velocity
exceeds 5 rnph (8 km/h). Evenly distribute seed by sowing equal quantities in two directions at
right angles to each other.
Do not use wet seed or seed that is moldy or otherwise damaged.
B. Sow seed at the rate specified.
C. Rake seed lightly into top 1/8 inch (3 mm) of topsoil, roll lightly, and water with fine spray. —
Sheldon Lake Drainage Improvements 02920 - 6 Grasses _
11/02
D. Protect seeded areas with slopes exceeding 1:5 with erosion -control blankets inst>lled and
stapled according to manufacturer's written instructions.
E. Protect seeded areas with slopes not exceeding 1:5 by spreading straw mulch. Spread uniformly
at a minimum rate of 2 tons/acre (42 kg/92.9 sq. m) to form a continuous blanket 1-1/2 inches
(38 mm) in loose depth over seeded areas. Spread by hand, blower, or other suitable equipment.
1. Anchor straw mulch by crimping into topsoil with suitable mechanical equipment.
3.5 CLEANUP AND PROTECTION
A. Promptly remove soil and debris created by grass work from paved areas. Clean wheels of
vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas.
B. Erect barricades and warning signs as required to protect newly planted areas from traffic.
Maintain barricades throughout maintenance period and remove after grass is established.
C. Remove erosion -control measures after grass establishment period.
END OF SECTION 02920
Sheldon Lake Drainage Improvements 02920 - 7 Grasses
11/02
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
Place e)ft (blk 7S , Co 10
Date (' I 14 I0.�)
1. In compliance with your Invitation to Bid dated CY1OTY)_ r, u I zoo?)
an - subject to f�11 conditions hereof, the undersigned
�A X11�d�S 6s fl lY��. a ** or oratio Limited Liability Company,
Partnership, Joint enture, or Sole Proprietor)** authorized to do business
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 undersigned Bidder does hereby declare and stipulate that this proposal
is made in good faith, without collusion or connection with any other
person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the Invitation
to Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid
5 bond in the sum of 4—QLE C ntcm - appoi ($
) in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows:
l,JtSbUn Cof\e\ o� 2 CtMcropMt ,, 0 AIFZOO) LaU
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, 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
Bid Schedules subject to changes as provided in the Contract Documents_
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through _1 _-
7/96 Section 00300 Page 1
City of Fort Collins
Administrative Services
Purchasing Division
CITY OF FORT COLLINS
ADDENDUM No. 1
BID NO. 5783
SHELDONLAKE LANDSCAPE `IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid #5783 Sheldon Lake Landscape Improvements
OPENING DATE: April 17, 2003, 3:00 P.M. (Our Clock)
To all prospective bidders under the specification and contract documents described above, the following
changes are hereby made.
GENERAL CLARIFICATIONS —
1) Grimm is the General Contractor for Sheldon Lake Stormwater Improvements. Construction
schedules will need to be coordinated with other contractors on the job site. Sidewalk
construction that is part of the Stormwater Improvements project must be completed before
irrigation and landscape work may begin. The tentative schedule is as follows:
a) South shore sidewalk — mid April
b) East pool driveway — end of April
c) West shore driveway — mid May
2) Irrigation sleeves will be installed during sidewalk construction.
3) All irrigation pipe to be class 200 including mainline.
4) Ametek valve boxes are allowed for irrigation system.
5) Mainline connection and 2" nonrising gate valve will be in place before start of this project.
6) City of Fort Collins Parks will purchase, install and connect irrigation controller.
7) City of Fort Collins Parks will schedule watering for seed establishment on east shore.
8) The only barricade for planting will be 940 I.f. of construction fence on south shore.
9) Soil preparation on east shore includes adding soil amendment and tilling but no rock removal.
10) Most areas are inaccessible to drill seed equipment. Broadcast seed, hydraulic mulch and
hydraulic seeding are acceptable. Please refer to Specification notes. Do not use hydraulic
seeding or mulching where top soil is placed over erosion control fabric.
11) 12 trees and 321 shrubs are to be purchased and installed for this contact the remaining plants
listed in the plant schedule are by others.
12) Construction fencing shall be removed by City of Fort Collins Parks.
BID SCHEDULE
Please use the attached ADDENDUM #1 BID SCHEDULE when submitting your bid.
SPECIFICATIONS
1. Division 1, Section 01800 — Definition of Bid Items
Bid Item 8 — Top Soil
Contractor shall purchase and place 6" amended top soil on top of existing erosion control
fabric (9800 square feet) on west shore. Quality of top soil shall be governed by Grass
specification section 02920 page 4, 2.2.
2. Division 2, Section 02920 pg. 7, Grasses
Delete 3.4 E. 1 (No straw mulch crimping.)
Add 3.4 F Hydraulic Seeding and Mulching Option
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
CONTRAC
T
O
R
BY:
Lycy-_
ADDRESS: q I l05 e jSj Yn (00_a
Lof)QMwk l Cc S5D3
v
8. BID SCHEDULE (Base Bid)
Please use the attached Bid Schedule when submitting your bid.
9. PRICES
7/96
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
the complete Work in place of the several kinds called for_
Bidder acknowledges that the OWNER has the right to delete items in the Bid
or change quantities at his sole discretion without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
twenty-five percent (25%) of the total Agreement Price.
RE PECTFULLY UBM_ITTED:
Signature Date
Applicable)
Address %5 WSJ r a&
1� Co __�So5o3
Telephone
Section 00300 Page 2
APR-17-03 THU 07;25 AM CITY/FT COLLINS, PURCHAS FAX NO. 970 2216707 P.03/04
SHELDON LAKE LANDSCAPE IMPROVEMENTS
ADDENDUM #1 BID SCHEDULE (SASE BID)
Bid items are described in Specification Section 01800
BID
ESTIMATED
UNIT
ITEM
ITEM #
DESCRIPTION
QUANTITY
UNIT
PRICE
TOTAL
1
Mobilization
1
LS
$ 50 —
$ 0 —
2
Irrigation System
1
LS
$ Zo,
$ Zo �b
3
Soil Preparation and Fine Grading
30,000
SF
$ • r �]
off"
$ 51 a00 '
4
Seed Mixes
A Dryland grass
18,800
SF
$ 605
$ 00
B Dryland grass w/ wild flowers
9,000
SF
$
$ 5 1 o
C Dryland grass w/ wild flowers
2,350
SF
$
$ (3 `j 13
5
Tree Plantings
1
LS
$ a
$ ca 5 au
6
Shrub Plantings
321
EA
$
$ 8
7
Fence
940
LF
$ I
$-
8
Top Soil
180
Cy
$ t 8
$ 31 a 4 0
TOTAL OF BASE BID
ALTERNATE BID ITEM 1
1 Shrub Plantings with #1 containers 321 EA
$ °° $L4,y9y°=
$ � 00
Figure
I II )ua- 1(IY1r�<n (p ., I VAC' 4
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420 Statement of Bidder's Qualifications
00430Schedule of Subcontractors
7/96 Section 00410 Page 1
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the Undersigned
** as Principal, and Western Surety Comanv as
Surety, are hereby held and firmly bound unto the city of Fort Cn1I4_ns, Colorado,
as OWNER, in the sum of $5% of Amount Bid for the payment of wtich, well and
truly to be made, we hereby jointly and severally bind ourselves, successors, aesd
assigns.
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Eort Collins, Colorado the accompanying hid and hereby
made a part hereof to enter into a Construction Agreement for the amstruction of
Fort Collins Project, SHELDON LAKE LANDSCAPE IMPROVEMENTS, BID NO. 5783.
NOW THEREFORE,
(al if said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid,
then this obligation shall be void: otherwise the same shall remain in
force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation ass herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations
of said Surety and its BOND shall be in no way impaired or affected by any
extension of the time within which the OWNER may accept such Bid, and said Surety
does hereby waive notice of any Such extension.
Surety Companies executing bonds must be authorized to transact b'asiness in the
State of Colorado and be accepted by the OWNER.
** Ward's Landscape, Inc.
7/96 Section 00410 Pag,>_ 2
IN W1THESS WHEREOF, the principal and the Surety have hereun-0 set choir hands
and seals this 17th day of
corporations have caused Choir corporate seals t il.0 be hereto aFFi�ced03 and such of handatare
hese
presents to be signed by their Proper officers, the day and year first set forth
above.
PRINCIPAL,
Name: Wards Landscape, Inc.
Address: n Rd..
Longmont, CD 80503
By:
Title:�j
ATTEST -Am,"
(SEAL)
7/96
SURETY
Western Surety Company
2 Centezpointe Dr_ #200
bake Osw -,`OR 97035
$y_
Title:AttQlnev-i -Fact, D.N. BROYLES
(SEAL)
Section 00410 Page 3
POWER OF ATTORNEY
Know All Men by These Presents: (Irrevocable> No. SP- 22728994
A, A_
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving
officer if desired. That Western Sure Com any, a corporation, does hereby make, constitute and appoint the following
" ' authorized individuals:
in the City of BOZEMAN , State of MfNTANA , with limited authority, its true and
lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety,
the following described bond:
NO/OR PAYMENT BONO IN ADDITION THE RELATED
SAND WARRANTY BONDSY'PROYIDIN'fAND
ELBOND PENALTY
E HUNDRED THOUSAND AND NO/100 DOLLARS
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of
MARCH 31 2008 but until such time shall be irrevocable and in full force and effect.
WESTEI�h'tit �ANY further certifies that the following is a tone and exact copy of Section 7 of the By -taws of Western Surety Company, duly adopted and now
in fo$t t@sn gl bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company
by t," ecl'@t ry s; 44�ycsistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice
P 'Iq iit r Sec y s t`pecmtary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
efq y such offs hdd't ',`corporam seal may he printed by facsimile." -
m amount of the�iiitlserem described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement, letter or
sig by the error Ua§IeFiJvriting Officer, Underwriting Officer, President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Westernry ty,aUtlj fling said increase.
,y.lZestem Surety Company has caused these presents to be executed by its Senior Vice President with its corporate seal affixed this Ist
day ygf 1 2002. WESTE N SURETY COMPANY
STATE OF Sf 1T14 DAKOTA
ss. By
COUNTY OF MINNEHAHA I Senior Vice Pre ent
On this ISt day of April in the year 2002 , before me, a Notary Public, personally
appeared Paul T. Bmflat, who being by me duly swoon, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and
acknowledged said instrument to be the voluntary act and deed of said corporation.
D. KRELL
i NOTARY PUBLIC s i _r
MWLSOUTH DAKOTA o
•.............r�.�,..... Notary Public, South Dakota
My Commission Expires November 30, 2006
I, the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full
force and effect and is irrevocable; and furthermore, that Section 7 of the By -Laws of the company as set forth in the Power of Attorney, is now in force.
In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this * 17 day of April 2003
WESTZaLz
SURETY COMPANY
*IMPORTANT: This date must be filled in before it is attached �.
to the bond and it must be the same date as the bond. By Form 749-4-2002
Senior Vice Pre ent
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may be
answered on separate attached sheets. The Bidder may submit any additional
information he desires.
1. Name of Bidder:(
2. Permanent main office address: q ��5 � � Cp 06b505
3. When organized: Ii 1aDjg5
4. If a corporation, where incorporated: Colo
5. How many years have you been en aged in the contracting business under your
present firm or trade name? �UQyI
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates f completion.)
7. General character of Work performed by your company:
��TXr�ar�t,�,n
\f
8. Have you ever failed to,Somplete any Work awarded to you?rlo
If so, where and why?
9. Have your ever defaulted on a contract? YVD
If so, where and why?
10. Are you debarred by any government agency? RO
If yes list agency name.
7/96 Section 00420 Page 1
11. List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and t pe of construction.
Jl in elEeloprner t - �, 3 rn��1;c r q �� i� � 1sV V f-�kLm of
LO t
12. List
. your major equipment available for this contract.
_
13
Experience in construction Work similar in importance to this
project:
U
14. Background and experience of the principal members of your organization,
including officers:
S-e� c-tt� cl
15. Credit available: $
16. Bank reference: \I -�(� b.jik,
17. Will you, upon request, fill out a detailed financial statement and furnish
anP other information that may be required by the OWNER?
�
18. Are you licensed as a General CONTRACTOR? No
If yes, in what city, county and state? What
class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract? NO
If ves, what percent of total contract?
and to whom?
20. Are any lawsuits pending against you or your firm at this time? No
If
DETAIL yes,
7/96 Section 00420 Page 2
21. What are the limits of your public liabili-y? DETAIL
What company?
22. What are your company's bonding limitations? See W&a d
23. The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications.
Dated at � (� l� this = day of �}P�11 20Q3.
Title:
State of
County of
Jijie � L_ /7i-6/� being duly sworn deposes and says that She is
of IVAeos L,q,�j/ifLf�i� _ and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are
true and correct.
subscribed and sworn to before me this da
20�3. •.�pTARj�
N tary Public
.•4-6 FQ� OF COW
My commission expires
7/96 Section 00420 Page 3
WARD'S Landscape Inc.
9165 Nelson Road, Longmont, CO 80503
303-776-7991 Fax 303-776-9033
Owner and Exec Information
Kendra Ward: Owner, President, Member ALCC
9 years experience in Landscaping. Major in Communication and Business
Management. Suma Cum Laude Regis University
Steven J Ward: Owner, Secretary/Treasurer, CEO Member of ALCC
14 years experience in Landscaping, Sprinkler and Pumphouse Installation, Design
Work, Hardsca-ie & Softscape Installation.
James P Ward: Vice President, Member of ALCC
9 years experience in Landscaping, Sprinkler and Pumphouse Installation, Design
Work, Hardscape & Softscape Installation.
Timothy Mason: Commercial Projects Supervisor
23 years experience in Landscaping, Sprinkler and Pumphouse Installation and
Maintenance ort Large Commercial Systems, Design Work, Hardscape & Softscape
Installation. Worked for City of Broomfield in Landscaping & Irrigation Installation
as well as Large Municipal Park Improvements. Knowledge and experience in
computerized Irrigation Control Systems.
Mark Morris: Commercial Site Supervisor
22 years experience in Landscaping & Irrigation Installation. 25 Years experience in
Crew Supervision. Commercial/Residential, Take Off on Plans, Design Work, Hardscape
& Softscape Installation.
Shawn Finch: Commercial Site Supervisor
16 years experience in Landscaping & Irrigation Installation, Crew Supervision, Take Off
on Plans, Design Work. Six years with Western States Reclamation managing jobs from
$200,000 to $5,000,000. Landscape Specialist for Five years with Colorado Dept. of
Transportation guidelines & specifications.
Rick Moore: Commercial Estimator
18 years experience in Landscaping & Irrigation, Takeoffs and Plan Review, Construction,
Sales.
a. Where areas to be seeded are too steep or inaccessible for equipment,
Contractor shall seed, fertilize and or mulch by hydraulic spray
equipment. Seed is required at double the rate specified and wood
cellulose fiber mulch is required to be applied at a rate of one ton per
acre.
b. Combine seed with water to provide a slurry. Perform hydraulic
application in such a manner that the liquid carrier will uniformly
distribute the material over the entire area to be seeded at rates not
less than specified. Do not compact hydraulically seeded areas
following application. If seed and mulch are applied in a single
application the rate of seed application shall be doubled.
Delete 3.5 B (No barricades and signs except for 940 I.f. of construction fence)
If you have any questions please contact John Stephen, CPPB, Senior Buyer, at 970-221-6777.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
wi
WESTERN STATES
NSU RAMC E AGENCY
April 1, 2003
RE: Ward's Landscape, Inc.
To Whom It May Concern:
We handle the surety needs of Ward's Landscape, Inc. and have been acquainted
with th+nn for many years. Ward's Landscape has the ability to provide bonds on single
projects in excess $1,000,000. The aggregate bonding capacity is determined by their
needs. If a project has met the scrutiny of the management team of Ward's Landscape,
the surety is in a position of comfort that all aspects of that particular project have been
reviewed and will act favorable on their request for bonding.
If there are any questions or if we may be of further assistance, please do not hesitate to
contact us.
Sincere:ly,
Todd B cngford
Western States Insurance Agency
r T
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 15% of the contract.
ITEM SUBCONTRACTOR T�
:J
l�
i_
;l
r�
z3
7/96 Section 00430 Page 1-�
�1
SECTION 00500
AGREEMENT FORMS
00510Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date: April 25, 2003
TO: Ward's Landscape, Inc.
PROJECT: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated March 26, 2003 for the above project
has been considered. You are the apparent successful Bidder and have been awarded
an Agreement for SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783.
The Price of your Agreement is Forty-four Thousand Two Hundred Ninety-five Dollars
and Forty-three cents ($44,295.43).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
Yod must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by May 10, 2003.
1. You must deliver to the OWNER three (3) fully executed counterparts of the
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.
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.
City of Fort Collins
OWNER
By
James B. O'Neill II, CPPO, FNIGP
Di cto of Purchasing and Risk Management
itle
9/12/01 Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 25th day of April in the year of 2003 and shall
be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Ward's Landscape, Inc. (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as the construction of an irrigation system,
soil preparation, planting, seeding, and temporary barrier along the shoreline of
Sheldon Lake in City Park, and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by EDAW, Rocky Mountain Rain, and City of Fort
Collins Park Planning, who is hereinafter called ENGINEER and who will assume all
duties and responsibilities and will have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within 45 days after the date
when the Contract Times commence to run as provided in the General Conditions and
completed and ready for Final Payment and Acceptance in accordance with the
General Conditions by June 20, 2003.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and 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, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Three Hundred Dollars ($300.00) for each calendar day or fraction
thereof that expires after the forty-five (45) calendar day period for
9/12/01 Section 00520 Page 1
Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Fifty Dollars ($150.00) for
each calendar day or fraction thereof that expires after June 20,
2003, until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents in current funds as follows: ($44,295.43),
Forty-four Thousand Two Hundred Ninety -Five Dollars and Forty-three cents, in
accordance with Section 00300, attached and incorporated herein by this
reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured
by the schedule of values established in paragraph 2.6 of the General Conditions
and in the case of Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has been
50% completed as determined by ENGINEER, when the retainage equals 5% of the
Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application for
payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 950 of the Contract Price,
less such amounts as ENGINEER shall determine or OWNER may withhold in accordance
with paragraph 14.7 of the General Conditions or as provided by law.
9/12/01 Section 00520 Page 2
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests
of subsurface conditions and drawings of physical conditions which are identified
in the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of
paragraph 4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provision of paragraph 4.3. of the
General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
9/12/01 Section 00520 Page 3
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited to,
the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7.2.6Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
PG.
SHEET TITLE
SHEET NO.
1
Landscape
Seeding Plan
LP-100
2
Landscape
Plan West Shore and East Pool
LP-401
3
Landscape
Plan South Shore
LP-402
4
Irrigation
Notes and Schedules
LI-100
5
Irrigation
Plan West Shore
LI-101
6
Irrigation
Plan South Shore
LI-102
7
Irrigation
Details
LI-501
8
Irrigation
East Pool
IR-1.01
9
Irrigation
Details for East Pool
IR-1.02
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers 1 to 1, inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
General Conditions.
9/12/O1 Section 00520 Page 4
ARTICLE B. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
9/12/01 Section 00520 Page 5
OWNER: CITY OF FORT COLLINS
By:
/ /
JOHN F.
VSCHYACH,
BY:
�
/C�,ITTY�MA�NA(�GER
V '� E—
JAMES
O'NEILL II,
CPPO, FNIGP
D
CTOR OF PURCHASING
AND
Date:
RISK MAN^
S Z 1S
EMENT
C�3
Attest:
Gitys'?lerk ';V
Address f t t ivi4` f ot'ic
P . 0. Box �n J 0•...
Fort Collins, CO 80522
Approve as to Form
Assistant;)y Attorney
CONTRACTOR: Ward's Landscape, Inc.
By:e�osJ ,i- (L�«,Vd
Title:
Date: J =C53
(CORPORATE SEAL)
Attest:
Address for giving notices:
I lG s" �j2" 0�7 1
LICENSE NO.:
9/12/01 Section 00520 Page 6
SHELDON LAKE LANDSCAPE IMPROVEMENTS
ADDENDUM #1 BID SCHEDULE (BASE BID)
Bid items are described in Specification Section 01800
BID
ITEM #
DESCRIPTION
1
Mobilization
2
Irrigation System
3
Soil Preparation and Fine Grading
4
Seed Mixes
A Dryland grass
B Dryland grass w/ wild flowers
C Dryland grass w/ wild flowers
5
Tree Plantings
6
Shrub Plantings
7
Fence
8
Top Soil
TOTAL OF BASE BID
(written)
ESTIMATED
UNIT
ITEM
QUANTITY
UNIT
PRICE
TOTAL
1
LS
$
$
1
LS
$
$
30,000
SF
$
$
18,800
SF
$
$
9,000
SF
$
$
2,350
SF
$
$
1
LS
$
$
321
EA
$
$
940
LF
$
$
180
CY
$
$
ALTERNATE BID ITEM 1
1 Shrub Plantings with #1 containers 321 EA
(written)
Figure
Figure
SECTION 00530
NOTICE TO PROCEED
Description of Work: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
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
SECTION 00600
BONDS AND CERTIFICATES
00610Performance Bond
00615Payment Bond
00630Certificate of Insurance
00635Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond PJo. 22730796
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Ward's Landscape, Inc.
(Address) 9165 Nelson Rd., Longmont, CO 80503
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm) Western Surety Company
(Address) 2 Centerpointe Dr. #200, Lake Oswego, OR 97035
hereinafter referred to as "the Surety", are held and firmly bound unto Cif uC
Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the pprial sum of
** in lawful money of the United Sr.ates, .for the
payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas Lhe P I.11 aL entered
into a certain Agreement with the OWNER, dated the aC_ day of rt( ,
2003, a copy of which is hereto attached and made a part hereo> for the
performance of The City of Fort Collins project, SHELDON LAKE LANDSCAPi;
IMPROVEMENTS; BID NO. 5783.
NOW, THEREFORE, if the Principal sha,].1 well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of said
Agreement during the original term thereof, and any extensions thereof wh>ch may
be granted by the OWNER, with or without Notice to the Surety and during the life
of the guaranty period, and if the Principal shall satisfy all claims and demands
incurred under such Agreement, and shall fully indemnify and save harmless the
OWNER from all cost and damages which it may suffer by reason of failure co do
so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making good any default then this obligation shall be void;
otherwise to remain in full force and effect.
**Forty-four Thousand Two Hundred Ninety-five Dollars and Forty -Three Cents($44,295.43)
7/96 Section 00610 fags 1
PROVIDED, FURTHER, that the said Surety, for value received, liereby stipuJ.at,a;
and agrees that no change, extension of time, alteration or addition to the L=rni:;
of the Agreement or to the Work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond; and it
does hereby waive notice of any such change, extension of time, all 'eralion or
addition to the terms of the Agreement or to the work or to the Speci-ficati0ns,
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may bu
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact -
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3)
one of which shall be deemed an original, this 7th day of
2 0_0
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
counterparts, each
May
Principal Ward's Landscape, Inc.
9165 Nelson Rd., Longmont, CO 80503
(Address)
Other Partners
By:
By:
Surety Western l Surety Company
rn
By / i��-�i )°avid N Brwles A+- -it-Fbct
By: 2 Centerpointe Dr. #200, Lake Oswego, OR 97035
(Address) 'VJ
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If COWTYACgOR is
Partnership, all partners should execute Bond.
7/96 SF(.:t_iort W10
SECTION 00615
PAYMENT BOND
Bomj No. 22730796
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Ward's Landscape, Inc.
(Address) 9165 Nelson Rd., Longmont, CO 80503
(an Individual), (a Partnership), (a Corporation), hereinafter referred t.o a, the
"Principal" and
(Firm) Western Surety Company
(Address) 2 Centerpointe Dr. #200, Lake Oswego, OR 97035
hereinafter referred to as "the Surety", are held and firmly bound un.to the City
of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal.
Corporation) hereinafter referred to as"the OWNER.", in the penal. sum of
** in .lawful, money of the Un.i.ted St)tes, for
the payment of which sum well and truly to be made, we bind ourselves, successor..s
and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the principal entered
into a certain Agreement with the OWNCR, dated the � �_ day of _ ,V
20�, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins profs
SHELDON LAKE LANDSCAPE IMPROVEMENTS: BID NO. 'M .
NOW, THEREFORE, if the Principal shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor in
the prosecution of the Work provided for in such Agreement and any authorized
extension or modification thereof, including all amounts due for materials,
lubricants, repairs on machinery, equipment and tools, consumed, rented or used
in connection with the construction of such work, and all insurance Orem.iums on
said Work, and for all labor, performed in such work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force
and effect.
**Forty-four Thousand Two Hundred Ninety-five Dollars and Forty -Three CenCs
($44,295.43)
7/96 Section 00015 Poge J.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stit�Ijlates
and agrees that no change, extension of time, alteration or addition to the teens
of. the Agreement or to the Work to be performed thereunder ox the 3�ecitic:nt:iony
accompanying the same shall in any way affect its obligation on this bor,'i; and
it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the i'oDiTPJu: UR
shall abridge the right of any beneficiary hereunder, whose claim cony 1,e
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be author.izcd to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, e,ich
one of which shall be deemed an original, this 7th day of May
20_93
IN PRESENCE OF:
(Corporate Seal)'
IN PRESENCE OF:
IN PRESENCE
OAF-
i
(Surety Seal)
NOTE
7/96
Principal Ward's Landscape, Inc.
By: -- 7
QC�c.j
(Title)
9165 Nelson Rd., Longmont, CO 80503
(Address) y'—
Other partners
suroty Western Surety Company
By N. Btvyles, Attorney -in -Fact
By.2 Centerpointe Dr. #200, Lake Oswego, OR 97035
(Address) -
Date of Bond must not be prior to date of Agreement. If CONTRAC.'FOR is
Partnership, all partners should execute Bond.
Section 000,15 Page 11
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY -IN -FACT
xnsw All Mae By 7bess lrnsmts, That WESTERN SURELY COMPANY. a South Dakata cmgimraliah is duly orgahirad and existing cetporadon
having its principsi offaee in die City of Sioux Falk, and Slate of South Dakota, and that it does by vintae of the Sigoabse and Seal herein affixed hereby
make, constitute and appoint
David N Broyles, Jeffrey L Broyles, Marie E Reiambl, Individually
of Bosenam. MT, ism true and lawful Atorney(s)-in-Fact with full power and auYtority hmaby conferred so sign. seal and a ""Is for and an its badulf bonds,
undertakings and Maher obligatory instrumems of shnikrnanas
- In Unlimited Amounts -
and to bihldit t soft 0 fully and to Ae fatale extent as'( such instrumeds west signed by a daily authorized of car of the corporation and all the acts of said
Attorney, pursuant to tic authority hereby given, we hereby naisod sod eoarkmed.
This Power of Attorney is mode and executed porsMont to and by andhaity of the ey-taw printed on the reverse bereof, duly adopted. as indicated. by
the sMrehowess of the Corporation -
President and its corporate seal to
to Witrhns Whereof, WESTERN
ESTN SUMV COMPANY has caused those presents to be signed by its Senior Via
be trmto affixed on this 231h dry of April. 2063.
WESTERN SURETY COMPANY
r�Ay
Pawl . BIURat. $dhWr V hoe Preaidrat
Sate of south Dakota
Couusyof Mhiuelnhis
On this 25th day of April. 2003, before me Pub' home Pan) T. &uftaty to me Imowu4 who, being by me duly swan. did depose and Say: that be
resides in the City of Sioux Falls. State of sm & DNratS that be k the Sruer Vies P,aidem of WF97EM SURETY COMPANY described in sad which
executed the above imsosmem: hat but knows the teal of said corporatism: that die seal affixed to the said i igumum t is such corporate seat, that it was so
affixed pursusot to authority given by the Board of Diaeeiars of said corporation and Ash but ssgnod his msma there" purmant to like authority. and
acknowledges same to be the act and deed of said corporation
-
my y commission expires # 0. m
November 30.20M Psl�kaci+w a:
naateoo►
�....A.+..,ay,..ry..M......
D. Krell. Nallity Public
CRRTIfrMCATE
1. 1- Nelson. Assistant seerdary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereltabove set forth is still in
force. and fiether certify that the BY -Low of the eorpmadonforce. in on the reverse hereof is still in fobh tatmany whereof 1 have hereunto subscribed
my omme aml affixed the seal or the said corporation this �� day of_;/l,�
cam's'► WESTERN SURETY COMPANY
s acaw
L Ndma. Assistant Secretary
Four ll4l"1-o2
Autborizins BY -LOW
ADOPTED BY TBE SHAREHOLDERS OF WESTERN SURETY COMPANY
Ibis Power of Attorney is made end exetatted pursuant to and by asuhoritY of gm following By -Law duly adopted by the shxeboldas
of the Company.
Section 7. AD bonds, polieia, tmdm kbgM Powers of Attorney, or other aft tioan of the corporation sbdi be exeeuted in the
caporm twat of the Company by the President, Secretary, and Assist SaxMory, Treasurer. err any Vice Presided, or by such atbr
officers m the Board of Directors may su dwriae. The Pteddent, any Vice Pre ideut. SccfdmfY. say Assistant Secremy, or due Tranwar
mY opprant Agomeys in Fact or a8 1 wbo sb l bave sudmlY to isms bonds. paiciea, or tmdat"M m the reana of the Company.
The aoMeram eesi is not ne=MW lbr the vdiditY of any band,6 lmlieia, a deabiogs. Powers of AKomey or other oftstiaes of dw '
eofp"E im The sipar me of any sect officer and ibe corporate sad may be primled by 8esiarile.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: —
SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date. —
A tentative list of items to be completed or corrected is appended hereto. This
list may not be exhaustive, and the failure to include an item on it does not —
alter the responsibility of the CONTRACTOR to complete all the Work in accordance
with the Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE DATE "-
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees
to complete and correct the items on the tentative list within the time _
indicated.
M
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as substan-
tially complete and will assume full possession of the project or specified area
of the project at 12:01 a.m., on The responsibility for —
heat, utilities, security, and insurance under the Contract Documents shall be as
set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
. ufi�T'iT.i:{F
7/96
AUTHORIZED REPRESENTATIVE DATE
Section 00635 Page 1
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
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
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
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
SPECIFICATIONS
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
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
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
05/05/2003 15:49 3037765495
FNB INSURANCE PAGE 03
W.. CERTIFICATE OF LIABILITY INSURANCE nAm
PRODIICBR (303) 776-5122 FAX (303) 776-5495
FNB Insurance Group, Inc.
512 4th Avenue
P.O. Box 847
05/0"/200"';
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Longmont, CO 80502
INSURERS AFFORDING COVERAGE NA1C
INSURED K Ili S Construction Inc.
DBA: Wards Landscaping
916S Nelson Rd
Longmont, CO 80503
INSVRERA: Auto -Owners Insurance
INSURERS: Sierra Insurance Group
INSURERC:
INSURER D.
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
TYPE OF INSURANCE
POLICY NUMBERDATE
EFFECTIVE
POLICY EXPIRATION
LIMITS
rc"ERALUABI"
4S39930102
EACH OCCURRENCE
$ 1 000 100-0
X COMMEWML GENERAL LIABILITY
CLAIMS MADE FX OCCUR
02/13/2003
02/13/2004
DAMAGE TO RENTED
a 100 00
MED EXP (Any ore peiwI)
S 5 00
A
PERSONAL d ADV INJURY
$ 1,000,00(
GENERAL AGGREGATE
S 2,000,00(
QEN7. AGGREGATE LIMIT � APPLIES PER:
POLICY X .ACT LOC
PRODUCTS - CDMPNTP AGG
a 2 000 OO
AU
OMOR"LIABILITY
ANY AUTO
4339930101
02/13/2003
02/13/2004
COMBINED SINGLE LIMIT
(Esecdde"I)
a 110001000
X
BIXIILY INJURY
(Pa Pel I
a
A
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNEDAUTOS
X
BODILY NJURY
(PWV*cWe t)
a
X
PROPERTY DAMAGE
IPereoddeM)
S
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
S
ANYAUTO
OTHER THAN EA ACC
ALTO ONLY: AGG
S
S
MWEas NSIMLLAUABRM
4339930100
EACH OCCURRENCE
S 4,000,000
X OCCUR cLAIM8 MADE
02/13/2003
02/13/2004
AGGREGATE
S
A
$
a
DEDUCTIBLE
a
RETENTION S
WORKERS COMPENSATION AND
C1069239E
we shirr OR
B
ENPLOYERV LIABILITY
ANY PROPRIETOMPARTNERIEXECUTIVE
OFFICERM)EMBER EXCLUDEW
I yes, deetaibe elder
SPECIAL PROVISIONS below
OFFICERS EXCLUDED
02/13/2003
02/13/2004
E.L. EACH ACGDEHi
$ 1,000, 000
E.L. DISEASE • EA EMPLOYEE
$ 1,000,000
E.L. DISEASE- POLICY LIMIT
S 1,0001000
OTHER
A
O tR, MN OF O Holder LoicA I LE$ r oc ADDED BY ENDORSEMFNT 1 SPECWPR�A sI4N�
isten as A dtdiit oval Insured for General Liability per Auto Owners form SS202
roiect: Sheldon Lake Landscape Improvements
CERTIFICATE HOLDER CANCELLA
JM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of Ft. Collins
10 DAYS wRITTEN NOTICE TO THE CERTNICATE HOLDER NAMEO TO THE LEFT,
215 N . Mason St.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P 0 BOX Ss0
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES.
AUTHORIZED REPRESENTATIVE
Ft. Collins, CU BOS22-OSSO
Debbie McGee EBMC
ACORD 25 (2001108) ®ACORD CORPORATION 1988
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
You are hereby notified that on the _ day of
Fort Collins, Colorado, has accepted
for the City of
SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783.
W.i1.
20_, the City of
the Work completed by
Fort Collins project,
A check is attached hereto in the amount of $ as Final Payment for
all Work done, subject to the terms of the Contract Documents which are dated
In conformance with the Contract Documents for this project, your obligations and
guarantees will continue for the specified time from the following date:
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
7/96 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE --
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
(CONTRACTOR)
PROJECT: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783 —
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop
notices, equitable liens and labor and material bond rights which the
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against the OWNER or its officers, agents, employees or assigns arising out
of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
7/96 Section 00650 Page 1
5. The parties acknowledge that the description of the project set forth above
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds
for the project.
Signed this
ATTEST:
Secretary
day of
CONTRACTOR
By:
Title:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20 by
Witness my hand and official seal.
My Commission Expires:
, 20
day of
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER") --
CONTRACTOR:
PROJECT: SHELDON LAKE LANDSCAPE IMPROVEMENTS; BID NO. 5783
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for _
on bond of
(Surety)
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day
of
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in -Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232.2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(m)
l�J
v1 vyni,a Iry In10 orHut
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials forthe exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials 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 other penalties 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)
89 -
Period
0170-750 (999)
i •a z ! :::2, n • ,.:. r 7, \ �"7 S. e+- .�rw v^ pi rr`7. A t xkvk�rt' ?�Zxs �, "* �
.' �1 . . . �l:F �M1 �'R�iAi::\ f. •`i '� v t C Y^f f I -: rY..- .. p. `till �, .ice yl
Trade name/DBA:
Owner, partner, or corporate name.
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax number.
Business telephone number:
Colorado withholding tax account number.
' �� • � ���,� �P,� :.� p��9��eman#ag sl Brien ' ; .�� n the>canira�#ing fsarv#tes ��,;
Y�tC ra 9A .ri a; �.;��nc��2�rcoi►�nlit9lstg(natures;o�"aa�ira `n9+ �. �mtts�
Name of exempt organization (as Shown on contract). Exempt organizadon's number.
98 -
Address of exempt organization (City, State, zip):
Principal contact at exempt organization:
Principal contacts telephone number.
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year Estimated Month Day Year
construction start date: completion date:
y
. "^Y i. a I f'(^"� _ i } t ^t+.,� s y'. �jl � Yi i, iv .'ty,`,.� a �,, �t �'S yk n � '. s �R �i \ tY . ,ZV 1t9' "i'��K � Y'T M k t .r =:' e Y sk+ j� L )�{'E •�' ! � %'�S .l Y>�i�i/3-�•FYT �` t A i?y'kt��'[3 �!A .,I Y.�,t '.
EEEEEEE
1 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 of owner, partner or corporate officer:
Title of corporate officer:
Date:
uu Nut runt r e aeLVVII I Mlti LINE
SECTION 00700
GENERAL CONDITIONS
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.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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
1.1
Addenda.............................................1
2.1
Delivery of Bonds............................
3
1.2
Agreement ..........................................
1
2.2
Copies of Documents ........................
3
1.3
Application for Payment.......................1
2.3
Commencement of Contract
1.4
Asbestos.............................................1
Times; Notice to Proceed ................
3
1.5
Bid ..... ......... ......... ..............1
2.4
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 Sched[les;
1.9
Change Order .... ......... .....I........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
Contract Times., _...........................
1
2.9
Initially Acceptable Schedules .........4
1.13
CONTRACTOR .................................
I
1.14
defective .............................................
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings............................................I
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
ENGINEER's Consultant . .....................I
fications of Technical Societies;
1.19
Field Order,_„ ................ ...................
1
Reporting and Resolving Dis-
1.20
General Requirements .........................2
crepancies.................................
4-5
1.21
Hazardous Waste .................................
3.4
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives.....................................5
Regulations ......................................
2
3.5
Amending Contract Docunents.........
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
OWNER.............................................2
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization...............................2
REFERENCE POINTS
5
1.29
PCBs .................................................
2
4.1
Availability of Lands .....................
5-6
1.30
Petroleum...........................................2
4.2
Subsurface and Physical
1.31
Project................................................2
Conditions, ...................................
6
1.32.a
Radioactive Material ..................
I .......... 2
4.2.1
Reports and Drawings ......................
6
1.32.b
Regular Working Hours .... ..............
2
4.2.2
Limited Reliance by CONTRAC-
1.33
Resident Project Representative .............
2
TOR Authorized; Technical
1.34
Samples ...............................................
Data ............................................
6
1.35
Shop Drawings ...................................
2
4.2.3
Notice of Differing Subsurface
1.36
Specifications.......... I ..........................
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 ....................
Change .........................................
6
1.40
Supplier..............................................2
4.2.6
Possible Price and Times
1.41
Underground Facilities .....................2-3
Adjustments...,,_,..,_,,,,..._.,..,,....,,¢-7
1.42
Unit Price Work ......... ..............3
4.3
Physical Conditions --Underground
1.43
Work ......................... ... ....................
3
Facilities.......................................7
1.44
Work Change Directive .......................
3
4.3.1
Shown or Indicated.,.„...,,.„.,_„.._.,,,,7
1.45
Written Amendment ........................
3.
4.3.2
Not Shown or Indicated.._._,.
7
4.4
Reference Points ...............................
7
.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00020
INVITATION TO BID
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
4.5
Asbestos, PCBs, Petroleum,
6.25
Submittal Proceedures; CON -
Hazardous Waste or
TRACTORS Review Prior
Radioactive Material....................7-8
to Shop Drawing or Sample
Submittal ....................................
16
5. BONDS AND INSURANCE .................................
8
6.26
Shop Drawing & Sample Submit-
5.1-5.2
Performance, Payment and Other
tals Review by ENGINEER ......
16-17
Bonds..............................................8
6.27
Responsibility for Variations
5.3
Licensed Sureties and Insurers;
From Contract Documents ............
17
Certificates of Insurance,,,,,,,,,,,,,,,,,,,,
8
6.28
Related Work Performed Prior
5.4
CONTRACTOR's Liability
to ENGINEER's Review and
Insurance ,,,,,,,,,,,,9
Approval of Required
5.5
OWNERs Liability Insurance,,,,,,,,,,,,,,
9
Submittals ...................................
17
5.6
Property Insurance,,,,,,,,,,,,,,, ,,,,,,,,9-10
6.29
Continuing the Work
5.7
Boiler and Machinery or Addi-
6.30
CONTRACTORS 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 ...
,,,,11
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 Or&rs...............................
J9
CONTRACTORS Expense;
8.7
Inspections, Tests and
Substitute Construction
Approvals...................................19
Methods or Procedures;
8.8
Stop or Suspend Work;
ENGINEERs Evaluation
12-13
Terminate CONTRACTOR'S
6.8-6.11
Concerning Subcontractors,
Services .................... ..... ..........
...19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights .........................
j3-14
Responsibilities, ...........................
19
6.12
Patent Fees and Royalties ....................
14
8.10
Asbestos, PCBs, Petroleum,
6.13
Permits14
Hazardous Waste or
6.14
Laws and Regulations ............ ..
.....14
Radioactive Material ....................
19
6.15
Taxes ,,,,,,,,,,,,14-15
8.11
Evidence ofFinancid
6.16
Use of Premises .................................
15
Arrangements ..............................
19
6.17
Site Cleanlinesg.... ......... .........
15
6.18
Safe Structural Loading.....................15
9. ENGINEER'S
STATUS DURING
6.19
Record Documents,,,,,,,,,,,,,,,,,,,,,,,,,,,,,15
CONSTRUCTION,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,.,,,,,19
6.20
Safety and Protection ......... ..0....15-16
9.1
OWNERS Representative ................19
6.21
Safety Representative .........................16
9.2
Visits to Site ..................................
19
6.22
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,,,,,,,,...0.............................
21
9.5
Authorized Variations in V,6rk
........ 21
EJCDC 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
9.6
Rejecting Defective Work..................21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER'S Request .....................27-28
and Payments...................................21
13.10
OWNER May Stop the Work
9.10
Determinations for Unit Prices..._,.
21-22
13.11
...........28
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work,,,,,,,,,
*..28
NEER as Initial Interpreter..............22
13.12
Correction Period
28
9.13
Limitations on ENGINEER's
13.13
............................
Acceptance ofDefective Work
28
Authority and Responsibilities...-
22-23
13.14
.........
OWNER May Correct Defective
Work .....................................
28-29
CHANGES IN
THE WORK..
.........h........................
23
10.1
OWNER's Ordered....
Cange................23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment .......................23
COMPLETION......*...,
10.3
Work Not Required by Contract
14.1
*........**..........................
Schedule of Values
29
Documents ....... ...................
............
23
14.2
..........................
Application for Progress
10.4
Change Orders„. ...........................
.23
Payment.....................................29
10.5
Notification of Surety ........................23
14.3
CONTRACTOR'S Warranty of
Title ,
...........
...
29
CHANGE OF CONTRACT PRICE .. ..................
23
14.4-14.7
Review of.A.p..pli..c.ation.s for
11.1-11.3
Contract Price; Claim for
Progress Payments .................
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion ..................
30
the Work ....................................
23-24
14.10
Partial Utilization
11.4
Cost of the Work ....................24-25
14.11
....................30-31
.. -_--„-,,,,,-_„-,,.,,,--,--
Final Inspection
31
11.5
Exclusions to Cost of the Work .........25
14.12
Final Application for Payment
31
11.6
CONTRACTOR's Fee........................25
14.13-14.14
........
Final Payment and Acceptance
31
11.7
Cost Records... ..............................
25-26
14.15
.......
Waiver of Claims
31-32
11.8
Cash Allowances ... .......................26
.......................
11.9
Unit Price Work,....... I.......................26
15. SUSPENSION OF WORK AND
TERMINATION
CHANGE OF CONTRACT TIMES .., *.......................
15.1
OWNER May Suspend Work
32
12.1
Claim for Adjustment.....
26
15.2-15.4
..........
OWNER May Terminate
32
12.2
Time of the Essence„ ., .................I._„26
15.5
................
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR'S
Work or Terminate
32-33
Control ......................................
26-27
.................
12.4
Delays Beyond OWNER's and
16. DISPUTE RESOLUTION ...............................
33
CONTRACTOR's Control .............„
27
...
17. MISCELLANEOUS
33
TESTS AND
INSPECTIONS; CORRECTION,
17.1
Giving Notice--,_,....*"*"'" *',
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times
DEFECTIVE
WORK.......
27
17.3
...............
Notice of Claim
....33
33
13.1
Notice of Defects ...............................27
17.4
Cumulative Remedies
33
13.2
Access to the Work
27
17.5
......................
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included .....a........................33
CONTRACTOR's Cooperation........-
27
17.6
Applicable State Lws_....
33-34
13.4
OWNER's Responsibilities;
Intentionally
...........
left blank
35
Independent Testing Laboratory,..,_..
27
.................................
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities..............................27
Dispute Resolution Agreement GC-A1
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration GC -Al
tion, Testing or Approval,,,,,,,,,,,,,,,,27
16.7
Mediation ............................... GC-A1
1° 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" Item$ .......................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...................................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER........................................ I ........... 6.20, 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 ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2,
.............................4.5.3, 9.4, 9.5, 10.2-10.4,
......................................... 11, 12, 14.8, 15.1
progress schedule .............................................. 6.6
Agreement --
definition of......................................................1.2
"All -Risk" Insurance, policyform...........................5.6.2
Allowances, Cash ................................................... 11.8
Amending Contract Documents ................................ 3.5
Amendment, Written --
in general................J.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
.........................6.8.2, 6.19, 10.1, 10.4, 11.2
12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGINEER's Responsibility .............................. 9.9
final payment,,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment ..................................... 14.1-14.7
review of 114.4-14.7
..................................................
Arbitration.....................................................1.6.1-16.6
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work .......... 4.5.2
definition of A
..........................................................
Article or Paragraph
Number
OWNER responsibility for ............................
4.5.1, 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, 8.4
Award, Notice of--defined......................................1.25
Before Starting Construction ... .........
.........2.5-2.8
Bid --definition of ....................... j.5
(1.1, 1.10, 2.3, 3.3,
........................4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
Of .........................1.6
(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds..................................10.5,
11.4.5.9
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,
.................... I...................
9.13, 10.5, 14.7.6
Performance, Payment and OtheT...................5.1-5.2
Bonds and Insurance --in general ...............
*..., .........5
Builder's risk "all-risk" policy form ........................5.6.2
Cancellation Provisions, Insurance......,,
5.4.11, 5.8, 5.15
Cash Allowances, ...................................................
j 1.8
Certificate of Substantial Completion .........
1.38, 6.30.2.3,
.............................14.8,
14.10
Certificates of Inspection ...................9.13.4,
13.5, 14.12
Certificates of Insurance.............2.7,
5.3, 5.4.11, 5.4.13,
.......................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances11.8
claim for price
adjustment,,,,,,,,,,,, 4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
...................9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
........................ 13.13,13.14,14.7,15.1,15.5
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, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,*
, 10.5
Scope of,..... ................
............ 10.3-10.4
Testing and Inspection,
Uncovering the Work ..................................
13.9
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work...........................................11.9
Article or Paragraph
Number
Value of Work..................................................11.3
Change in Contract Times --
Claim for times adjustment .........
4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11,
10.2, 10.5, 12.1,
............... 13.9, 13.13, 13.14,
14.7, 15.1, 15.5
Contractual time limits.....................................12.2
Delays beyond CONTRACTOR's
control........................................................12.3
Delays beyond OWNER's and
CONTRACTOR's control ............................
12.4
Notification of surety .............
Scope of change........................................10.3-10.4
Change Orders --
Acceptance of Defective Work ..........................13.13
Amending Contract Documents ..........................3.5
Cash Allowances..............................................11.8
Change of Contract Price.....................................I
I
Change of Contract Times...................................12
Changes in the Work ............................................
10
CONTRACTOR's fee ........................................11.6
Cost of the Work ........ ...............................
11.4-11.7
Cost Records
.....................11.7
definition of.......................................................1.9
emergencies.....................................................6.23
ENGINEER's responsibility,,...,,.
9.8, 10.4, 11.2, 12.1
execution of
..........10.4 ............
Indemnifiction .........................6.12, 6.16, 6.31-6.33
Insurance, Bonds and .......................
5.10, 5.13, 10.5
OWNER may terminate ............................
J5.2-15.4
OWNER's Responsibility ............................
g.6, 10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities--............................4.3.2
Record Documents ...........................................
6.19
Scope of Change.......................................10.3-10.4
Substitutes .............................................
6.7.3, 6.8.2
Unit Price Work...............................................1
1.9
value of Work, covered by.................................11.3
Changes in the Work,,,,,,,,,,,,,
...10
Notification of surety .......................
.......10.5
OWNER's and CONTRACTOR's
responsibilities.......................................10.4
Right to an adjustment .. ...........................
.... . 10.2
Scope of change........................................10.3-10.4
Claims --
against CONTRACTOR....................................6.16
against ENGINEER .......... 6.32
...............................
against OWNER...............................................6.32
Change of Contract Price ........... ................9.4, 11.2
Change of Contract Times .......... 9.4, 12.1
CONTRACTOR's.............4, 7.1, 9.4, 9.5, 9.11, 10.2,
...........................11.2, 11.9, 12.1, 13.9, 14.8,
............................................15.1, 15.5, 17.3
A
CONTRACTOR's Fee.......................................11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work.......................................11.4,
11.5
Decisions on Disputes... ............................
9,11,9.12
Dispute Resolution ....................................
........16.1
Dispute Resolution Agreement ....................16.1-16.6
ENGINEER as initial interpretor..
...............9.11
Lump Sum Pricing ....................... ...................
11.3.2
Notice of .....................17.3
OWNER'S ................... 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
........................ 12.1,13.9,13.13,13.14,17.3
OWNER'S liability ..............................................
5.5
OWNER may refuse to make payment„
...............14.7
Professional Fees and Court Costs
Included......................................................17.5
request for formal decision on
...............................
9.11
Substitute Items
0.7.1.2
Time Extension.................................................12.1
Time requirements .................*..................
.11, 12.1
Unit Price Work
.............11.9.3
Value of
1,1.3
Waiver of --on Final Payment.................14.14,
14.15
Work Change Directive ............
10.2
written notice required ............. .......9.11, 11.2, 12.1
Clarifications and Interpretations,,,_.......,
3.6.3, 9.4, 9.11
Clean Site .............................................
6.17
Codes of Technical Society, Organization
or Association.................................................3.3.3
Commencement of Contract Times ...........................2.3
Communications --
general ...._.... .....................................6.2,
6.9.2, 8.1
Hazard Communication Programs .......................6j.22
Completion --
Final Application for Payment .........................14.12
Final Inspection,,,,,,,,,,,,,,,,,,,,
14.11
Final Payment and Acceptance„ ._..........14,13-14.14
Partial Utilization , ': ....................................14.10
Substantial Completion ...................
1.38, 14.8-14.9
Waiver of Claims,,..,,_..... .................
...........14.15
Computation of Times ............................
17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others ............................... .
6.8-6.11
Conferences --
initially acceptable schedules......, .......................
2.9
preconstruction...................................................
2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report ..........................2.5,
3.3.2
Construction, before starting by
CONTRACTOR............................................2.5-2.7
Construction Machinery, Equipment, etc ..................
6.4
Continuing the Work .....................................
6.29, 10.4
Contract Documents --
Amending............................... .......................3.5
Bonds.............................................................5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances,,..,,,, „11.8
....................................
Article or Paragraph
Number
Change of Contract Price .................... * ,,,,,,,,,,,,,,,
I
Change of Contract Times ..................................
12
Changes in the Work ............. ..................
10.4-10.5
check and verify ........ ......... .....................2.5
Clarifications and
Interpretations ..........................3.2, 3.6,
9.4, 9.11
definition of..........., ........................................
1.10
ENGINEER as initial interpreter of,,,,,,,,,,,,,,,,,,
9.11
ENGINEER as OWNERS representative..............9.1
general3
Insurance...........................................................5.3
Intent........................................................3.1-3.4
minor variations in the Work .............................
3.6
OWNERS responsibility to famish dat4...............8.3
OWNERS responsibility to make
prompt payment ..........................$.3, 14.4,
14.13
precedence ................
3.1 3.3.3
Record Documents............................................0.19
Reference to Standards and Specifications
of Technical Societies..................„.,,,,_,,,,,,,,,3.3
Related Work,,,,,,,.,...
7.2
Reporting and Resolving Discrepancies,,,,,,,,
2.5, 3.3
Reuseof ...... .................................................
..... 3.7
Supplementing ................................ ........
........... 3.6
Termination of ENGINEERs Employment..........8.2
Unit Price Work .................................................
11.9
variations, ......................................... 3.6,
6.23, 6.27
Visits to Site, ENGINEERS...............................9.2
Contract Price --
adjustment of .............„ 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof..........................................................11
Decision on Disputes ................
9. 11
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
of ......................1.12
definition ......................
.........
CONTRACTOR --
Acceptance of Insurance ...................................
5.14
Communications,,,,,,,,,,,,,,* ,,,,,,........-,,,....6.2,
6.9.2
Continue Work ........................................
6.29, 10.4
coordination and scheduling,,,,,,,,,,,,,,,,,,,,
, 6.9.2
definition of.....................................................1.13
imited Reliance on Technical
Data Authori ed ..........................................
4.2.2
ay Stop Work or Terminate............................15.5
provide site access to others,,,,,,,,,,,,,,,,,,,,,,,
7.2, 13.2
Safety and Protection .............4.3.1.2, 6.16, 6.18,
......................................6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal6.25
Stop Work re uirements..................................4.5.2
CONTRACTORs
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 ...........................................
6.23
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,,,,,,....
4.3.2
Emergencies..............................................I......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 Guaranteq .......................6.30
Hazard Communication Programs, .....................
6.22
Indemnification,..,,,.* ................6.12, 6.16,
6.31-6.33
Inspection of the Work...............................7.3,
13.4
Labor, Materials and Equipment,_„
...6.3-6.5
Laws and Regulations, Compliance by,,,,,,,,,,,,,
6.14.1
Liability Insurance..............................................5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
theWork....................................................0.30
Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,,
6.12
Performance and Other Bonds
5.1
Permits, obtained and paid for by.......................0.13
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 Others6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTORS expense..........................6.7.1
CONTRACTORS General Warranty
and Guarantee6.30
CONTRACTORS review prior to Shop
Drawing or Sample submittal................6.25
Coordination of Work................................6.9.2
Emergencies ...............................................
6.23
ENGINEERS evaluation, Substitutes
or "Or -Equal" Items..............................6.7.3
For Acts and Omissions
of Others.............................6.9.1-6.9.2, 9.13
for deductible amounts, insurance...................5.9
general........................................6, 7.2,
7.3, 8.9
Hazardous Communication Programs,_...,,,,,
6.22
Indemnification
6.31-6.33
vii
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
-
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipment..............6.3-6.5
Laws and Regulations..................................6.14
Liability Insurance.....................................5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents...,.,.,.,.,.,.,.,.,.,.,.,.,.,
6.27
Patent Fees and.Roya.lti.es..............
6.12
Permits.......................................................6.13
Progress Schedule,,,,,,*..................................6.6
Record Documents. .....................................
6.19
related Work performed prior to
ENGINEER's approval of required
submittals ....... ... ...................................
6.28
safe structural loading.................................6.18
Safety and Protection ......... ........6.20,
7.2, 13.2
Safety Representative ........ ......................6.21
Scheduling the Work ... ............... ................6.9.2
Shop Drawings and Samples ......... .........0.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness ..........................................
6.17
Submittal Procedures6.25
Substitute Construction Methods
and Procedures ..... 7...............................6.7.2
Substitutes and "Or -Equal" Items„..............0.7.1
Superintendence ........................ ...................
6.2
Supervision...................................................6.1
Survival of Obligations................................6.34
Taxes............................................. ............
6.15
Tests and Inspections...................................13.5
To Report ........... ......... .......................
2.5
Use of Premises......................6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal, .............................
6.25
Right to adjustment for changes in the Work ..... 10.2
right to claim ........... 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
..........11.9, 12.1, 13.9, 14. 8, 15.1,
15.5, 17.3
Safety and Protection .................. 6.20-6.22,
7.2, 13.2
Safety Representative ...................................
6.21
Shop Drawings and Samples Submittals .....
6.24-6.28
Special Consultants........................................11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense .......................................... 6.7.1,
6.7.2
Subcontractors, Suppliers and Others ..........
6.8-6.11
Supervision and Superintendence .......... 6.1, 6.2, 6.21
Taxes, Payment by............................................6.15
Use of Premises.....*,,,,,,,,,,,,,,,
6.16-6.18
Warranties and guarantees .........................
6.5, 6.30
Warranty of Title..............................................14.3
Written Notice Required --
CONTRACTOR stop Work or terminate
........ 15.5
Reports of Differing Subsurface
and Physical Conditions ... *.... *.........
*..... .2.3
Substantial Completion................................14.8
CONTRACTORS --other .............................................. 7
Contractual Liability Insurance..............................5.4.10
Contractual Time Limits ....... .. ....... „_...„.,,,12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility ........................h.9.2
Copies of Documents,_... * .....................................
2.2
Correction Period...................*,...,,.,....................13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1, 13.10-13.14
Acceptance ofDefective Work ..........................13.13
Correction or Removal of
Defective Work ..... *.... *...*...............6.30,
13.11
Correction Period,, *,*...............*.....................
13.12
OWNER May Correct Defective Work .............13.14
OWNER May Stop Work...............................„13.10
Cost --
of Tests and Inspections ....................................
13.4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts...............................................11.4.2
CONTRACTOR's Fee..............................._,,,,,.,11.6
Employee Expenses.....................................11.4.5.1
Exclusions to ....................................................
11.5
General11.4-11.5
Home office and overhead expenses ....................11.5
Losses and damages.....................................11.4.5.6
Materials and equipment.................................11.4.2
Minor expenses...........................................11.4.5.8
Payroll costs on changes.....*....***....*...........*.
11.4.1
performed by Subcontractors...........................1.1.4.3
Records11.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees.................................."*....._.11.4.5.5
Site office and temporary facilities ................
J 1.4.5.2
Special Consultants, CONTRACTOR's............
11.4.4
Supplemental ............................... ............
11.4.5
Taxes related to the Work............................11.4.5.4
Tests and Inspection..........................................13.4
Trade Discounts,,,,,,,,,,,,,,,,,„.,11.4.2
Utilities, fuel and sanitary facilities. ..............
J 1.4.5.7
Work after regular hours.................................11.4.1
Covering Work ...................
13.6-13.7
Cumulative Remedies.._...**** ............ ................17.4-17.5
Cutting, fitting and patching . ......... ................7.2
Data, to be furnished by OWNER..............................8.3
Day --definition of .............„_,...., ...........................
17,2,2
Decisions on Disputes"**"_.......*......................9.11,
9.12
defective --definition of...........................................i.14
defective Work--
Acceptanceof......................................10.4.1,
13.13
viii
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of.....................10.4.1, 13.11
Correction Period 13.12
.............................................
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ................................
9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects...................................13.1
Rejecting...........................................................9.6
Uncovering the Work.......................................13.8
Definitions
1
Delays ..................................... 4.1, 6.29,
12.3-12.4
Delivery of Bonds .................................... I... I............2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices
..................................
9.10
Differing Subsurface or Physical Conditions --
Noticeof........................................................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,
6.14.2
Dispute Resolution--
Agreement ................................................16.1-16.6
Arbitration
16.1-16.5
genera116
Mediation........................................................16.6
Dispute Resolution Agreement..........................1,6.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Documents --
Copiesof...........................................................2.2
Record 6.19
Reuse of..............
3,7
Drawings --definition of..........................................1.15
Easements..............................................................4.1
Effective date of Agreement -- definition of .............1.16
Emergencies...........................................................6.23
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
ENGINEERS Consultant -- definition of
.....................
1.18
ENGINEERS --
authority and responsibility, limitations oq........ 9.13
Authorized Variations in the Work ....................:
9.5
Change Orders, responsibility for....... 9.7,
10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes ..............................
9.11-9.12
defective Work, notice of.....*** . ....................13.1
Evaluation of Substitute Items
.............................
6.7.3
Liability...................................................6.32,
9.12
Notice Work is Acceptable...............................14.13
Observations ............. ......... ..........6.30.2,
9.2
OWNERs Representative....................................9.1
Payments to the CONTRACTOR,
Responsibility for.....................................9.9, 14 —
Recommendation of Payment ....................14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations ora.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
6.26
Status During Construction --
authorized variations in the Work..................9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes„ .......................
9.11-9.12
Determinations on Unit Price ........................
9.10
ENGINEER as Initial InterpreteK..........
9.11-9.12
ENGINEER's Responsibilities ................9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities..............................9.13
OWNER's Representative..............................9.1
Project Representative...................................9.3
Rejecting Defective Work ..............................
9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site.................................................9.2
Unit Price determinations..................................9.10
Visits to Site .................... .........
...............9.2
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 .......................
6.7
error or omissions
....................................................
6.33
Evidence of Financial Arrangements ................I......8.11
Explorations of physical conditions ......
............ 4.2.1
Fee, CONTRACTORS --Costs Plus ...........................11.6
Field Order --
definition of.....................................................1.19
issued by ENGINEER ................................
3.6.1, 9.5
Final Application for Payment ..............................
14.12
Final Inspection ...................................................14.11
Final Payment --
and Acceptance.....................................14.13-14.14
Prior to, for cash allowances..............................11.8
General Provisions ..........................................
17.3-17.4
General Requirements --
definition of.....................................................1.20
principal references to..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.........................................................17.1
Guarantee of Work --by CONTRACTOR........
6.30, 14.12
Hazard Communication Programs ..........................
6.22
Hazardous Waste --
definition of.....................................................1.21
general.............................................................
4.5
OWNERS responsibility for...............................8.10
ix
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) -
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification ....... ...................... 6.12, 6.16, 6.31-6.33
Initially Acceptable Schedules...................................2.9
Inspection --
Certificates of..............................9.13.4, 13.5, 14.12
Final..... ......... ......... ....................14.11
Article or Paragraph
Number
Special, required by ENGINEER ......................... 9.6
Tests and Approval ................ ....... 8.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER..................*.......,.,,.5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ....................................
2.7
Bonds and --in general ,,....... . „ ......
...........5
Cancellation Provisions ...............................•,.,,,.
5.8
Certificates of ......... ......•2.7, 5, 5.3, 5.4.11,
5.4.13,
...5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations.................................5.4.13
CONTRACTOR's Liability .................... .............5.4
CONTRACTOR's objection to coverage .............
5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................5.9
Final Application for Payment ........................„14.12
Licensed Insurers .............................. .......
5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace.............................................5.14
other special insurances....................................5.10
OWNER as fiduciary for insureds .............5.12-5.13
W ONER's Liability............................................5.5
OWNER's Responsibility....................................8.5
Partial Utilization, Property Insurance..,
.......5.15
Property ....................................................
5.6-5.10
Receipt and Application of Insurance
Proceeds ..............................................
5.12-5.13
Special Insurance ........................ •.....•..............5.10
Waiver of Rights..............................................5.11
Intent of Contract Documents..............................3.1-3.4
Interpretations and Clarifications .....................3.6.3,
9.4
Investigations of physical conditions ..........................4.2
Labor, Materials and Equipment..........................h.3-6.5
Lands --
and Easements.. ..................8.4
...............................
Availability of.............................................4.1,
8.4
Reports and Tests ..........................................
.,,,,g,4
Laws and Regulations --Laws or Regulations--
Bonds..... ........................... .......... ..............
5.1-5.2
Changes in the Work ................ .......................
10.4
Contract Documents .............. ....... .........••._,,......3.1
CONTRACTOR's Responsibilities .....................14
6
Correction Period, defective Work_.„................13.12
Cost of the Work, taxes ........... .................
11.4.5.4
definition of
1.22
general6.14
Indemnification ..............................•. _„__
6.31-633
Insurance ................................
3
Precedence................................................3.1,
3.3.3
Referenceto....................................................3.3.1
Safety and Protection...............................6.20,
13.2
Subcontractors, Suppliers and Others ............
6.8-6.11
Article or Paragraph
Number
Tests and Inspections...................................13.5
Use of Premises ................................................
6.16
Visitsto Site.......................................................9.2
Liability Insurance--
CONTRACTOR's.................. ...........................„
5.4
OWNER's ............................... ............................5.5
Licensed Sureties and Insurers .................................
5.3
Liens --
Application for Progress Payment ......................14.2
CONTRACTOR's Warranty of Title....................14.3
Final Application for Payment .........................14.12
definition of
1.23
Waiver of Claims............................................14.15
Limitations on ENGINEER's authority and
responsibilities.................................................
9,13
Limited Reliance by CONTRACTOR
Authorized......................................................4.2.2
Maintenance and Operating Manuals --
Final Application for Payment .........................1.4.12
Manuals (of others)--
Precedence ....................................................3.3.1
Reference to in Contract Documents ...................
.3.1
Materials and equipment --
furnished by CONTRACTOR...............................6.3
not incorporated in Work . ......... ...............14.2
Materials or equipment --equivalent ............................
6.7
Mediation (Optional),,,....._ .....................
16.7
Milestones --definition of........................................1.24
Miscellaneous --
Computation of Times ................................
17.2
Cumulative Remedies ........ ....................
17.4
Giving Notice.... .....I ... ......... ..............
17.1
Notice of Claim.................................................17.3
Professional Fees and Court Costs Included
..........
17.5
Multi -prime contracts..................................................7
Not Shown or Indicated.........................................4.3.2
Notice of --
Acceptability of Project....................................14.13
Award, definition of.........................................1.25
Claim............................................................17.3
Defects,13.1
Differing Subsurface or Physical Conditions .......
4.2.3
Giving ............................... .............................
17.1
.
Tests and Inspections .......................................
13.3
Variation, Shop Drawing and Sampl@ .............
6.27
Notice to Proceed --
definition of.....................................................1..26
givingof.............................................................23
x
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety..............................................10.5
Observations, by ENGINEER .........
.............6.30, 9.2
Occupancy of the Work,,,,,,,,,,,,,,,,,,,
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR................6.9, 9.13
Open Peril policy form, Insurance ..........................5.6.2
Option to Replace...................................................5.14
Article or Paragraph
Number
"Or Equal" Items......................................................0.7
Other work 7
Overtime Work --prohibition of„ ...............................
6.3
OWNER --
Acceptance ofdefective Work ..........................1.3.13
appoint an ENGINEER......................................8.2
as fiduciary...............................................5.12-5.13
Availability of Lands, responsibility ....................4.1
definition of
...................................................
1.27
....
data, furnish......................................................8.3
May Correct Defective Work...........................13.14
May refuse to make payment.............................14.7
May Stop the Work........................................13.10
May Suspend Work,
Terminate. ........................... $.8, 13.10,
15.1-15.4
Payment, make prompt.....................F.3, 14.4,
14.13
performance of other work ..................................
7.1
permits and licenses, requirements ....................6.13
purchased insurance requirements ..............
5.6-5.10
OWNER's--
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute.,,,,,,,.,
8.6, 10.4
Communications...............................................8.1
Coordination of the Work ...................................
7.4
Disputes, request for decision ............................9.l
l
Inspections, tests and approvals..................$.7,
13.4
Liability Insurance ............................................
5.5
Notice of Defects..............................................j3.1
Representative --During Construction,
ENGINEER's Status9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ................8.10
Change Orders..............................................8.6
Changes in the Work...................................10.1
communications8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements..............8.11
inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,,
8.7
insurance......................................................
8.5
lands and easements.....................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................F.2
reports and tests...........................................8.4
stop or suspend Work,,,,,,,,,,,,,,,,,,5.8, 13.10, 15.1
terminate CONTRACTOR'S
services..........................................8.8,
15.2
separate representative at site ...................
I .......... .3
testing, independent.........................................13.4
use or occupancy
of the Work ......................... 5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
xi
EJCDC GENERAL CONDITIONS I910-8 (1990 EDITION)!
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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..............................................................
4.5
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 ......................14.2
CONTRACTOR's Warranty of Title...................14.3
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
..................................
Retainage..........................................................14.2
Review of Applications for
Progress Payments... .......... .................
14.4-14.7
prompt payment.......... ................................
........8.3
Schedule of Values.............................................14.1
Substantial Completion..............................14.8-14.9
Waiver of Claims
14.15
when payments due .................................
14.4, 14.13
withholding payment ...........................
...........14.7
Performance Bonds ............ ................................
5.1-5.2
Permits....... I.....................................................
Petroleum --
definition of.....................................................1.30
general..............................................................4.5
OWNER's responsibility for ............................
.8.10
Physical Conditions --
Drawings of, in or relating to.........................
ENGINEER'S review ........................................
4.2.4
existing structures"" ...........................
.........4.2.2
general 4.2.1.2................................
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 .....................................
4.2.1
Subsurface and
Subsurface Conditions ..............„.,,,,,......
„.4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......................
4.2.2
Underground Facilities--
general........................................................
4.3
Not Shown or Indicaed............... .............4.3.2
Protection of
.
.........................................
4.3, 6.20
Article or Paragraph
Number
Shown or Indicated. ...............................................
:4.3.1
Technical Data .._...
Preconstruction Conference.......................................2.8
Preliminary Matters
2
Preliminary Schedules.............................................2.6
Premises, Use of ...................... I .......................
6.16-6.18
Price, Change of Contract .... * ...............................
11
Price, Contract --definition of ..................................
1.11
Progress Payment, Applications for..........................14.2
Progress Payment--retainage,.........*........................
14.2
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 During Construction
.............9.3
Project Representative, Resident --definition of ......... 1.33
prompt payment by OWNER.....................................8.3
Property Insurance--
Additional........................... ............................5.7
..
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 .............................
general4.5
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
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and(or)„....................................6.14
Rejecting Defective Work ......................................
9.6
Related Work --
at Site ....................................................
....7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review,.„.„
.............6.28
Remedies, cumulative...................................
...17.4, 17.5
Removal or Correction ofDefective Work ................
13.11
rental agreements, OWNER approval required
..... 11.4.5.3
replacement of ENGINEER, by OWNER ..............
...... 8.2
Reporting and Resolving
Discrepancies................................2.5,
3.3.2, 6.14.2
Reports --
and Drawings.................................................4.2.1
and Tests, OWNER's responsibility.....................8A
Resident and Project Representative --
definition of ....................1.33
.................................
provisionfor............................................................ 9.3
xii
E)CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00020
INVITATION TO BID
Date: March 26, 2003
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to
as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on
April 17, 2003, for the Sheldon Lake Landscape Improvements; Bid No. 5783. If
delivered, they are to be delivered to 215 North Mason Street, 2°d Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580, Fort
Collins, CO 80522-0580.
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 construction of an irrigation system, soil
preparation, planting, seeding, and temporary barrier along the shoreline of
Sheldon Lake in City Park.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
Contract Documents will be available March 27, 2003.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 215 North Mason St., 2nd
floor, Fort Collins, Colorado, 80521 upon payment of a refundable fee of Twenty-
five Dollars ($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, 8878 Barrons Blvd., Highlands Ranch, Colorado
4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
5. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 10:30 a.m. on April 3, 2003 at the corner of Mulberry and Sheldon
Drive, east of Sheldon Lake in City Park.
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.
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
07/2001
Section 00020 Page 1
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'S ............... 6.2
Responsibilities—
CONTRACTOR's-in general ................................. 6
ENGINEER's-in general -- ..........
n Limitations o.............................................
9.13
OWNER's-in general ...............................................
Retainage.......................................I....................14.2
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 ...........................................,
10.2
Rightsof 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,
7.2, 13.2
general .....................................................
6.20-6.23
Representative, CONTRACTOR's.......................6.21
Samples --
definition of.....................................................1.34
general ....................................................
6.24-6.28
Review by CONTRACTOR ...............................
6.25
Review by ENGINEER......... .....................
6.26, 6.27
..
related Work.....................................................6.28
submittal of ...................................................
6.24.2
submittal procedures.........................................0.25
Schedule of progress ...........................
2.6, 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...........................................................0.6
Change of Contract Times.................................10.4
Initially Acceptable ........................................
2.8, 2.9
Preliminary........................................................2.6
Scope of Changes......................................10.3-10.4
Subsurface Conditions ........................................
4.2.1.1
Shop Drawings --
and Samples, general.................................6.24-6.28
Change Orders & Applications for
Payments, and.........................................9.7-9.9
definition of .....................................................
1.35
ENGINEER's approval of....,.,.„......................3.6.2
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
6.25
use to approve substitutions .............................
6.7.3
Shown or Indicated
4.3.1
Site Access......................................................7.2,
13.2
Site Cleanliness ........................................................
6.17
Site, Visits to --
by ENGINEER ..........................................
9.2, 13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insurance ........................................................5.6.2
definition of.....................................................1.36
Specifications—
defination of....................................................1.36
of Technical Societies, reference t9...................3.3.1
precedence ................................... ..............3.3.3
Standards and Specifications
of Technical Societies ........................................
3.3
Starting Construction, Before..............................2.5-2.8
Starting the Work ................... ........ ................7.4
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER......................................8.8,
13.10, 15.1
Storage of materials and equipment .....................4.1,
7.2
Structural Loading, Safety.......................................6.18
Subcontractor—
Concerning ................................................
6.8-6. l 1
definition of ......................................................
1.37
delays.............................................................12.3
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..................................14.2
Maintenance and Operation Manuals ..............
14.12
Procedures.......................................................0.25
Progress Schedules.......................................2.6,
2.9
Samples...................................................0.24-6.28
Schedule of Values.....................................2.6,
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.....................................................1.38
Substitute Construction Methods or Procedures 6.7.2
Substitutes and "Or Equal" Items...............................6.7
CONTRACTOR's Expense.... I......................6.7.1.3
ENGINEER's Evaluation .................................
6.7.3
"Or -Equal" ...................................................
6.7.1.1
Substitute Construction Methods
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
-
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items ....................................
6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,,
4.2.1.2
ENGINEER's Review ..........................
. 4.2.4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized ............................. ....................
4.2.2
Notice of Differing Subsurface or
Physical Conditions .........................................
4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Change,,,,
._.....4.2.5
Possible Price and Times Adjustments...............4.2.6
Reports and Drawings .....................................
4 2.1
Subsurface and
Subsurface Conditions at the Site4.2.1.1
Technical Data.................................................4.2.2
Supervision--
CONTRACTOR's responsibility ...........................6.1
OWNER shall not supervise,,,,,,,,,,,,,,,,
8.9
ENGINEER shall not supervise,,,,,,,,,,,,,,,,
9.2, 9.13.2
Superintendence .............................................
......... 6.2
Superintendent, CONTRACTOR's resident................6.2
Supplemental costs .............................................
11.4.5
Supplementary Conditions --
definition of.....................................................1.39
principal references to.................1.10, 1.18, 2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3,
5.4, 5.6-5.9,
................. 5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents .........................
3.6
Supplier --
definition of .................
.....................................1.40
principal references to ........... 3.7, 6.5, 6.8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety --
consent to final payment ........................14.12,
14.14
ENGINEER has no duty to„..................I...........9.13
Notification of..................................10.1,
10.5, 15.2
qualification of ,,,._.,,, ...............
5.1-5.3
Survival of Obligations„ .............„.
,.6 34
Suspend Work, OWNER May ........ ...........13.10,
15.1
Suspension of Work and Termination-- ......................15
CONTRACTOR May Stop Work
orTerminate...............................................15.5
OWNER May Suspend Work.............................15.1
OWNER May Terminate,,,,,,,,,,,,,,,,,,,,,
15.2-15.4
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR .................4.2.2
Possible Price and Times Adjustments..............4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
Temporary construction facilities 4.1
Article or Paragraph
Number
Termination --
by CONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment ..............................
8.2
Suspension of Work-in general .............................15
Terms and Adjectives..............................................3.4
Tests and Inspections--
Access to the Work, by others............................13.2
CONTRACTOR's responsibilities
......................13.5
cost of 13.4
covering Work prior to ........... ..............
*.... 13.6-13.7
Laws and Regulations(or)................................
13.5
Notice of Defects, .................................
............ 13.1
OWNER May Stop Work.................................13.10
OWNER's independent testing ..........................i3.4
special, required by ENGINEER ..........................9.6
timely notice required .................
.....................13.4
Uncovering the Work, at ENGINEER's
request.................................................13.8-13.9
Times --
Adjusting ............................... .............................
6.6
Change of Contract ............................................
.12
Computation of ...............................
..................17.2
Contract Times --definition of ...........................1.12
day.........................................................17.2.2
Milestones.......................................................
12
Requirements--
appeals.................................................9.10,
16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times,,,,,,,,,,,,,,,,
2.3
Preconstruction Conference ...........................7.8
schedules.........................................2.6,
2.9, 6.6
Starting the Work ..............................
............2.4
Title, Warranty of...................................................14.3
Uncovering Work ....... ... ..................................13.8-13.9
Underground Facilities, Physical Conditions --
definition of
Not Shown cr Indicated,,,,
4.3.2
protection of ................. .........
.........4.3, 6.20
Shown or Indicated.........................................4.3.1
Unit Price Work --
claims .,, ..
..............................................
11.9.3
definition of....................................................1.42
general11.9, 14.1, 14.5
Unit Prices --
general l 1.3.1
Determination for .........................................
.9.10
Use of Premises ......................... I .......
6.16, 6.18, 6.30.2.4
Utility owners............................6.13,
6.20, 7.1-7.3, 13.2
Utilization, Partial...................1.28, 5.15,
6.30.2.4, 14.10
Value of the Work ...............................
..................... 11.3
Values, Schedule of.............................2.6,
2.8-2.9, 14.1
xiv
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized........ 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER ....................................
9.2
Waiver of Claims --on Final Payment ......................14.15
Waiver of Rights by insured partie$..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................6.30
Warranty of Title, CONTRACTOR's.......................14.3
Work --
Accessto..........................................................13.2
by others .............................
Changes in the ....................................................
10
Continuing the..................................................6.29
CONTRACTOR May Stop Work
orTerminate...............................................15.5
Coordination of ..................................................
7.4
Cost of the.................................................11.4-11.5
definition of ..............................
......................................................
1.43
neglected by CONTRACTOR...........................13.14
otherWork............................................................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........................................................2.4
Stopping by CONTRACTOR .....................4.
_.....0.5
Stopping by OWNER, * ..................
.... **,,,,.15.1-15.4
Variation and deviation authorized,
minor ........
Work Change Directive --
claims pursuant to.............................................10.2
definition of.....................................4...............1.44
principal references to .....................
3.5.3, 10.1-10.2
Written Amendment --
definition of
.................................4...................1.45
principal references to..............1.10, 3.5, 5.10,15.12,
........................6.6.2, 6.8.2,
6.19, 10.1, 10.4,
...........................t1.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations. ............... 4 ..................
3.6.3, 9.4, 9.11
Written Notice Required --
by CONTRACTOR............................7.1,
9.10-9.11,
...................................... I....
10.4, 11.2, 12.1
by OWNER... 4.................
10.4, 11.2, 13.14
xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) —
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
(This page left blank intentionally)
xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1—DEFINITIONS
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.
1.6. 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).
1.7. 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edison)
w/ CITY OF FORT 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.
1.11. 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 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written 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 word 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. Drawings --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
indicated 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.
1.20. General Requirements —Sections of Division 1 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 City of Fort Collins.
1.23. Liens —Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone —A principal event specified in the
Contract Documents relating 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.
1.26. 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.
1.27. 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.
1.28. 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 Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edifion)
wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours —Regular working hours
are defined as 7:00am to 6:00pm 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.
1.34. 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.
1.35. 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 Work.
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.
1.38. Substantial Completion —The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEERS 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 ENGINEERS 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.
1.39. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. 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.
1.41. 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
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. Work —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
fiumishing documents, all as required by the Contract
Documents.
1.44. 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
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. 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 nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to famish in accordance with paragraph 5.1.
Copies of Documents.
2.2. OWNER shall finish 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.
2.3. 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
in ♦ will the C - T'
Agreement. :<< IIO ePe¢[1PIII�pI1[TQ��TIIIGJ
eernmenee to fun Wer than the sxtieth day after the day
of Rid peRins" - the thirtieth ,1... after Effeetive
Tl
of the Agreement, whie! 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:
2.5. 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.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. 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.
2.7. Before any Work at the site is started,
CONTRACTOR and ^3 T,.:shall each deliver to the
ether OWNER, with copies to
ENGINEER,
certificates of insurance (and other evidence of insurance
reasenbl request requested by OWNER) which
CONTRACTOR is required
to purchase and maintain in accordance with
paragraphs 5.4, ems.
Preconstruction Conference:
2.8. 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:
2.9. Unless otherwise provided in the Contract
Documents,
before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as apprepriate 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 l - 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 relieve
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.,
3.1. 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
EJCDC 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 any 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
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).
own risk.
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.
3.4. 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
EJCDC 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
3.6.3. 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 (ii) 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
Availability 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 ,
aeeeFdanee with «..heatie Laws and Regulation
OWNER shall identify any 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 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.
4.2.1. 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
4.2.1.2. 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. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
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
EJCDC 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, premptty 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.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER'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
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 not less than 5% of the total 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
By
Ja es B. O'Neill, II, CPPO, FNIGP
rchasing/Risk Management Director "
07/2001 Section 00020 Page 2
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. 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 Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
comnritment; or
4.2.6.4.3. CONTRACTOR failed to
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:
4.3.1. 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:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. 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, (ii) 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
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, prernptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
Facility as provided in paragraph 6.20.
CONTRACTOR shell 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 If OWNER 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 11 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 laying 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
responsible 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.
ilwi
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7.
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_.. _
.
.
net iaten&d to apply to e PCBs, Petroleum;
4�e site.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edifion)
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 "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Goverment Financial Operations, U.S. 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. CW44ER AF111
- - •,
.• �! ..'
CONTRACTOR's Liability Insurance:
5.4. 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
furnishing 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:
5.4.1. 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;
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 of 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 5A
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
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;
EICDC 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 6.33;
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
certificates 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
in accordance 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
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory 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
OWNER'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:
Aili ill -
WNW
oV19PQge, -CIaG2Sj
vandalism
—and mahGlRTTi1
water- menage,
and
eh ,.a..._ ffl
5.6.3. inelude wkpenses ifteefred in the
FeplaeenmA of any instwed prepeFPf-(ineluding but net
limited to fees and ehmges ef e*ftem an
arehiteets);
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
• Y 1 . Y • 1
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
....... _....... . .-_ .. • L1_•
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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 if required 136 any —Pa ir,
irumst OWNS & - >, >> bond r ti
J b
Acceptance of Bonds and Insurance, Option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Bends er insurance required to be
purchased and maintained by the ethef—party
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
OWNER will
notify CONTRACTOR in writing within ten fifteen days
after reeeipt delivery of the certificates (or other e��ce
regaestedj to OWNER as required by paragraph 2.7.
nrnvided as the other- may reasonably -request if either
party does net pur-Shase or maintain all of the Bonds an
d of sueh r", by the Comma
r
writing -of suesueh failure to rw,.prior
hase h staft of he
n eFk or ,.r. ugh fail.,.._ .o wAi. tat ti
-P T b
pa-ty may —eleet 'a equivalent
Bonds or- insufflnee to preteet stleh w
6ON -go, and a Change Order shall be issued to adjast th
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)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
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
endorsement 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:
6.1. 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.
6.2. 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's 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 Saturday, Sunday Holidays or outside the
Regular Working Hours
11
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall firnish 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.
6.4.1. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy 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: City 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 burn
hazardous waste as a fuel.
6.5. 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:
6.6. 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.
6.6.2. 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:
6.7.1. 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
E1CDC 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
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
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
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
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 ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
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 f imish 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
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 thereby. 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:
6.8.1. 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.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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 c......te„ e-t-r-y Genditiens Eiddine
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 a&einee of the speeified
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER—,ffil"
GOr�ITRAGTQR w submitted a t• h c
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) of
efganiisafien so identified my be F8VAEPE] AB th
basis of reasonable objeetien afL-F due iffi,esfigatien
aeeeptable subsfi4tite,
%%I! be issued of Wfitten Amendmew signed 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.
6.9.1. 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 organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Apdnlications 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.
6.11. 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 WheaeveF any sueb agreement
is ..:11q a subtle«1_n M..r. or C..««linn ...i... :n hn{na n
pafagmphs 5.6—e.-3 7, the—ageeernent— between —tee
5DMERN Consultants
and eAl other
from
by
atising out of or resulting any
efthe perils eevered
the 11-Tv'& if tli
ueh—pelieies require
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties 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 hamiless
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.
EJCDC 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 proiect. Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
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:
6.16. 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 payment these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. 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
15
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:
6.22. 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.
6.23. 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 Drawings 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 m 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
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
16 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:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. 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.
6.26. 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
SECTION 00100
INSTRUCTIONS TO BIDDERS
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.
6.27. 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
writing 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.
6.28. 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:
6.29. 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:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. 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:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. 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 (ii) 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.
6.32. 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 liability 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:
6.34. 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' 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
(ii) CONTRACTOR may make a claim therefor as
provided in Articles 11 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.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is perfomring the
additional work with OWNERS 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 4/2000)
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:
7.4. 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:
7.4.1. 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
whom CONTRACTOR makes no reasenable objeetieft,
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.
8.4. 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 OWNERSs 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
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
and fnainAaining liability and prepeity insuraftee are set
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 firnishing 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.
•
.:.
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
0WNER's Representative:
9.1. 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.
Visits to Site:
9.2. 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edifion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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. ENGINEER'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. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's 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 a*d in the Supplementaf-j
Conditions 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 Supplementary Cenditiens paragraph 9.3
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1 Schedules - Review the progress
19
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning_ acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, workingnncipally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information, when
required for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any 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, Rejection 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.
9.3.2.4.3. Accompany 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)
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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.
observing test procedures send copies to the
ENGINEER.
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 Drawing and sample
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.
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any 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
ENGINEER. noting Particularly the relationship of
the payment 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.
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
9.3.2.10.2. Conduct final ipWction in the
company of the ENGINEER. OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3.1. Authorize any 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 any 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:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
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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 I l or Article 12.
Authorized Variations in Work:
9.5. 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 Order justifies 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 11 or 12.
Rejecting Defective Work:
9.6. 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 Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEERSs authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations 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 ENGINEERSs preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
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 (ii) if no such Dispute Resolution Agreement
has been entered into, a fonnal 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 i 1 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 party 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 (ii) 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. pufsuaw to Artiele46.
9.13. Limitations on ENGINEER'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 any 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 famish 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
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).
10.2. 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 11 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.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) 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;
10.4.2. 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.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EICDC 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—CHANGE 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.
11.2. 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 11.2.
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 11.9.1 through 11.9.3,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 11.3.2, 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:
11.4.1. 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
siiperintendents, 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 inelude,, but n 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-FetiremenE benefitsrbenuses;
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 famished
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 fiunished 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 11.4, 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.
11.4.5.2. 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.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. 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
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' 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 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
I1.5.1. Payroll costs and other compensation of
CONTRACTOR' officers, executives, principals (of
partnership and sole proprietorships), general managers,
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
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 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
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. 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).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
11.5.5. Costs due to 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, 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 11.4.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
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:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. 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 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs 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 that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fe
the ' Subeontraeter, to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
Of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. 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 net decrease in cost plus a
deduction in CONTRACTORSs fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall 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
25
determined pursuant to paragraphs I I A and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in 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:
11.8.1. 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.
11.9. Unit Price Work:
11.9.1. 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.
11.9.2. 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 11 if
11.9.3.1. 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;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edirion)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. 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.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change 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 original total Contract Price.
ARTICLE 12—CHANGE OF CONTRACT TIMES
12.1. 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.
12.2. 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