HomeMy WebLinkAboutBID - 22758 5906 NIX FARM LOAFING SHEDAdministrative Services
Purchasing Division
City of Fort Collins CITY OF FORT COLLINS
ADDENDUM No. 1
BID #5906
NIX FARM LOAFING SHED
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid #5609 NIX FARM LOAFING SHED
OPENING DATE: MARCH 31, 2005, 3:OOP.M. (Our Clock)
To all prospective bidders under the specifications and contract documents described above, the
following changes are hereby made.
If you have any questions please contact John Stephen, CPPO, Senior Buyer, at 970-221-6775.
Note: This addendum also appears on our website at www.fcciov.com/purchasing.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BIDIQUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
215 North Mason Street • 2nd Floor • P.O. Box 580 - Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
SECTION 00020
INVITATION TO BID
Date: March 7, 2005
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
March 31, 2005, for the NIX FARM LOAFING SHED; BID NO. 5906. If delivered, they
are to be delivered to 215 North Mason Street, 2°6 Floor, Fort Collins, Colorado,
80524. If mailed, the mailing address is P. O. 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 the construction of a new 2,400 sq. ft.
loafing shed, and rehabilitation of an existing 1,922 sq. ft. loafing shed. New
site work includes 6 inches of recycled asphalt in the equipment/material storage
yard. Alternate No. 1 (Add) is a new dumpster pad and access ramp.
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 9, 2005.
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 Dollars
($50.00) 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. Dodge Plan Room, 1114 W. 7th Ave., Suite 100, Denver, Colorado.
3. Reed Construction Data, 8878 Barrens Blvd., Highlands Ranch, Colorado
4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
5. Construction News Service, 3630 Sinton Road, Suite 210, Colorado Springs,
Colorado.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 11:OOa.m. on March 22, 2005, at 1745 Hoffman Mill Road, Fort Collins.
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
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 fi-om the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
32 wl 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.L 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 paragraphs9.10, 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.
EJCDC 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 apply 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
ninety (90) day period, OWNER shall pay to
CONTRACTOR such moneys and funds as are not the
subiect of suit and lis pendens notices, and shall retain
only sufficient funds to insure the payment of
judgements which may result from the suit.
34 E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(This page left blank intentionally.)
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35
wi CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 36
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 patty 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.
EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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.
GC -AI
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -AI
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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).
SC-8.10 OWNER's Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR
shall direct all questions concerning Contract
interpretation, Change Orders, and other requests for
clarification or instruction to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project.
The Project Manager shall have the authority set forth in
the OWNER's Capital Project Procedures Manual. The Project
Manager shall have the authority to reject work and
materials whenever such rejection may be necessary to
ensure the proper performance of the Work in accordance
with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will
make periodic visits to the project site to observe the
progress and quality of the Work and to determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. The Project Manager shall not be
required to make comprehensive or continuous inspections
to check the progress or quality of the Work. The Project
Manager shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for
safety precautions or programs in connection with the
Work, or for any failure of the Contractor to comply with
laws and regulation applicable to the performance or
furnishing of the Work. Visits and observations made by
the Project Manager shall not relieve the CONTRACTOR of
his obligation to conduct comprehensive inspections of the
Work, to furnish materials and perform acceptable Work,
and to provide adequate safety precautions in conformance
with the Contract Documents. The Project Manager shall at
all times have access to the Work. The CONTRACTOR shall
provide facilities for such access so the Project Manager
may perform his or her functions under the Contract
Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may
be assigned to assist the Project Manager in providing
observation of the Work, to determine whether or not the
Work is proceeding according to the construction
documents. CONTRACTOR will receive written notification
from the OWNER of any RCI assignments. The RCI shall not
supervise, direct or have control or authority over, nor
be responsible for, CONTRACTOR's means, methods,
techniques, sequences or procedures of construction or the
safety precautions and programs incident thereto, or for
any failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or performance of
the Work. The RCI will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents. The RCI's
dealings in matters pertaining to the on -site work will be
to keep the Project Manager properly apprised about such
matters.
8.10.4 Communications: All instructions, approvals, and
decisions of the Project Manager shall be in writing. The
CONTRACTOR may not rely on instructions, approvals, or
decisions of the Project Manager until the same are
reduced to writing.
00800-2
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 � 0(j� -'"
YJau
es B. O'Neill, II, CPPO, FNIGPchasing/Risk Management Director
07/2001 Section 00020 Page 2
SC-13.12 Correction Period:
13.12.1If within one year 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, an Work is found to be defective,
CONTRACTOR shall promptly, without cost to OWNER and in
accordance with OWNER's written instructions . . .
l mmrl
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: NIX FARM LOAFING SHED; BID NO. 5906
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
9. 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 o OF THIS CHANGE ORDER
TOTAL C.O.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
APPLICATION FOR PAYMENT
PROJECT: PO#
PAY ESTIMATE NO:
DATE:
CONTRACTOR:
ADDRESS:
CONTRACT FOR:
PARTIAL TO
The undersigned Contractor certifies that to
the best of his knowledge, information and
belief the work covered by this application
for Payment has been completed in
accordance with the Contract Documents,
that all accounts have been paid by him for
Work for which previous Certificates for
Payment were issued and payments
received, in this current payment shown
herein is now due.
CONTRACTOR:
By:
Date:
FINAL TO
In accordance with the Contract Documents,
based on site observations and the data
comprising the above application, the
Architects Certifies to the Owner that the
Work has progressed to the point indicated;
that the best of his knowledge, information
and belief, the quality of the Work is in
accordance with the Contract Documents,
and that the Contractor is entitled to payment
of the AMOUNT CERTIFIED.
ENGINEER:
By:
Date:
Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is
attached.
The present status of the account for this Contract is as follows:
ORIGINAL CONTRACT AMOUNT
APPROVED CHANGE ORDERS TO DATE
ADJUSTED CONTRACT AMOUNT
TOTAL WORK COMPLETED AND MATERIALS USED
RETAINAGE (10% OF TOTAL)
TOTAL EARNED LESS RETAINAGE
LIQUIDATED DAMAGES WITHHELD
TOTAL EARNED LESS LIQUIDATED DAMAGES
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
APPROVED BY
(Title)
cc: Accounting City Clerk
Contractor Engineer
Project File
DATE:
DATE OF ISSUANCE
OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
WORK CHANGE DIRECTIVE
No:
EFFECTIVE DATE
ENGINEER's Project No.
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim fora
Change Order based thereon will involve one or more of the following methods as defined in the
Contract Documents.
Method of determining change in
Contract Price:
EJ Unit Prices
11 Lump Sum
EJ Cost of the Work
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract
$ Times:
If the change involves an increase, the estimated Substantial Completion: days;
amount is not to be exceeded without further Ready for final payment: days.
authorization.
RECOMMENDED: AUTHORIZED:
ENGINEER OWNER
By: By:
EJCDC No. 1910-8-F (1996 Edition)
Prbpired: by the Engineers Joint Contract Documents Committee And endorsed by The Associated General Contractors. of America and the Construction Specifications
laatitute.
WORK CHANGE DIRECTIVE
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. These changes are often initiated in the field and may affect the
Contract Price or the Contract Times, This is not a Change Order, but only a directive to proceed with Work
that may be included in a subsequent Change Order.
For supplemental instructions tind minor changes not involving a change in the Contract Price or the Contract
Tinies a Field Order should be used,
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the fonn, including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OF DETERMINING CHANGE, IF ANY, IN CONM(:rr PRICE: Mark the method to
be used in determining the Final cost of Work involved and the estimated not effect on the Contract
Price, If the clurage involves an increase in the Contract Pricq and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated price or Contractor may stop the changed Work when the
estimated time is reached. If the Work Change Directive is not likely to change the Contract Price,
the space for estimated increase (decrease) should be marked 'Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization
because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized
by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by
Change Order signed by Owner and Contractor with Engineer's recommendation.
Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed stun or amount of time for Work actually performed pursuant to this Work Change
Directive.
Once the Work covered by this directive is completed or final cost and times are determined, Contractor
should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A C14ANGE THAT MAY AFFECT THE CONTRACT
PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED
PROMPTLY,
Advancement
of Construction
Technology REQUEST FOR
INTERPRETATION
Project: R.F.I. Number:
From:
To: Date:
A/F Project Number:
Re: Contract For:
Specification Section: Paragraph: Drawing Reference: Detail:
Request:
Signed by: Date:
Response:
❑ Attachments
Response From: To: Date Rec'd. Date Reffl&
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Fonn 13.2A
Advancement
of Construction
Technology
CLARIFICATION
NOTICE
Project: Clarification Notice Number.
From:
To: Date:
A/E Project Number:
Re: ContractFor:
This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable
from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance
with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time.
Specification Section: Paragraph: Drawing Reference: Detail
Description:
❑ Attachments
Signed by:
Copies: ❑ Owner ❑ Consultants ❑
01
Copyright 1994, Construction Specifications Institute, Page of
99 Canal Center Plaza, Suite 300 Alexandria, VA
22314
9
Date:
Cl ❑ File
July 1994
CSI Fonn 13.3A
Advancement
of Construction
Technology
FIELD
ORDER
Project: Field Order Number
From:
To: Date:
A/E Project Number:
Re: Contract For:
You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the
Work without change in Contract Sum or Contract Time.
If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the AIE immediately and
prior to proceeding with this Work.
Specification Section: Paragraph:
Description of Interpretation or Change:
❑ Attachments
Signed by:
Copies: ❑ Owner
Drawing Reference:
Detail:
Date:
❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specification Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.4A
SECTION 00100
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
DIVISION 1 GENERAL REQUIREMENTS
Section 01010
Summary of Work
01020
Allowances
01026
Application for Payment
01027
Change Order Procedures
01030
Alternates
01040
Coordination
01041
Superintendent
01045
Cutting and Patching
01046
Access to Site
01060
Regulatory Requirements
01070
Abbreviations
01200
Project Meetings
01310
Construction Schedules
01340
Shop Drawings, Product Data and Samples
01370
Schedule of Values
01400
Quality Control
01410
Testing
01510
Temporary Utilities
01520
Construction and Equipment Aids
01530
Barriers and Enclosures
01560
Temporary Controls
01580
Project Sign
01590
Field Offices and Sheds
01600
Material and Equipment
01700
Contract Close -Out
01710
Cleaning
01720
Project Record Documents
01730
Operating and Maintenance Data
01740
Warranties and Bonds
Table of Contents - 1
Nix Farm Loafing Shed
0437.03
SECTION 01010
SUMMARY OF WORK
PART GENERAL
1.01 PROJECT SITE
A. Location: The Nix Farm Loafing Sheds are located at 1745 Hoffman Mill Road, Fort Collins,
Colorado.
B. Related requirements or conditions specified elsewhere:
1. Section 01020, Allowances.
2. Section 01022, Unit Prices.
3. Section 01030, Alternates.
4. Section 01046, Access to Site.
1.02 DESCRIPTION OF THE WORK
A. General: The work consists of the construction of a new 2,400 sq. ft. loafing shed, and
rehabilitation of an existing 1,922 sq. ft. loafing shed, as well as a new dumpster pad and
access ramp, and new site work including 6" of recycled asphalt in the equipment/
material storage yard.
1. Restoration and Preservation Projects: All work of this project shall meet the
requirements of the Secretary of the Interior's Standards for Rehabilitation of
Historic Buildings and the Colorado Historical Society.
2. Restoration and Preservation Projects: Contractor shall take all necessary care in
selective demolition and construction of this project so as not to damage or
destroy the historic fabric of the structure that is to remain.
B. Unless otherwise provided, Contractor shall provide, at his expense, all materials, labor,
equipment, tools, transportation and utilities, including cost of connection necessary for
successful completion of the project.
C. It is the intent of the Owner not to disturb the normal functions of the complex, its
residents and their visitors, employees, vendors, suppliers, contractors or related outside
businesses during the work of this project.
D. The Contractor shall be responsible for seeing that all contractors, subcontractors,
suppliers and workmen associated with the project conduct themselves in a professional
and businesslike manner while on the site.
1. Alcoholic beverages and smoking will not be permitted on the site, anywhere
within the Owner's facilities or on the Owner's property.
2. All workers shall refrain from the use of profane or abusive language and other
forms of harassment on the site.
3. Other specific conditions of this Section shall be as arranged at the Pre -
Construction Conference.
4. Refer to Section 01046 for specific rights of the Owners principal representative.
1.03 CONTRACTOR QUALIFICATIONS
A. Contractor Qualifications: General Contractor shall have completed at least three (3)
projects requiring adherence to the Secretary of the Interior's Standards for Rehabilitation
of Historic Buildings, or other projects of similar size and complexity under rehabilitation
01010 - 1
0437.03
guidelines of the Colorado Historical Society in the past five (5) years.
1. Contractor shall hold a Class C1 Contractor's License with the City of Fort Collins.
B. Superintendent Qualifications: Refer to Section 01041.
1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT
A. The work of this Project shall be bid and construction contracts awarded on the following
basis, unless otherwise modified in the General or Supplementary Conditions of the
Contract:
1. Lump sum basis, including approved Alternates.
1.05 WORK BY OTHERS
A. Owner shall remove all miscellaneous items being stored in area to be rehabilitated/
constructed.
B. Owner shall furnish new wood fencing/gates.
END OF SECTION
01010 - 2
0437.03
SECTION 01020
ALLOWANCES
PART 1 GENERAL
1.01 WORK INCLUDED
A. This Section identifies each Allowance by number.
B. Related requirements specified elsewhere:
1. Bidding Documents: Bid Form.
2. Owner -Contractor Agreement: Incorporation of Allowances into the Work.
3. Sections of the Specifications as referenced.
4. General and Supplementary Conditions.
1.02 ALLOWANCE PROCEDURES
A. Allowances shall be included in the base Bid and shall include the costs of materials,
delivery of materials to the site, and installation.
B. If the actual cost of material selected by the Owner is less than the Allowance, the
Contractor shall credit the Owner the difference; if the actual cost of the material
selected is greater than the Allowance, the Contractor shall be entitled to an adjustment
to the base price.
C. Any extra material shall become the property of the Owner or restocked and credited to
the Owner, at the Owner's option.
END OF SECTION
01020 - 1
0437.03
No Text
SECTION 01026
APPLICATIONS FOR PAYMENT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Submit Applications for Payment to Owner in accordance with the schedule established by
the General and Supplementary Conditions of the Contract and Owner -Contractor
Agreement.
B. Related requirements specified elsewhere:
1. Owner -Contractor Agreement:
a. Lump sum and unit prices.
b. Progress payments, retainages and final payment.
C. Allowable progress payments for Contractor overhead, profit and Division I
expenses.
2. Bid Form.
3. General and Supplementary Conditions:
a. Retainages.
b. Liquidated damages, if applicable.
C. Partial release of lien affidavits.
4. Section 01370, Schedule of Values.
5. Section 01700, Contract Closeout.
6. Section 01730, Operating and Maintenance Data.
1.02 FORMAT AND DATA REQUIRED
A. Submit itemized Applications typed on standard City of Fort Collins forms, unless
otherwise approved.
B. Provide itemized data on continuation sheet. Format, schedule, line items and values
shall be those of the Schedule of Values accepted by Architect.
C. Applications for payment shall include only that material, labor and/or stored material in
place as of the date of Application.
1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT
A. Application Form:
1. Form shall be completed and notarized by a Notary Public, state of Colorado.
2. Fill in required information, including that for Change Orders executed prior to
date of submittal of Application. Incomplete Application forms shall be returned to
the Contractor and not processed.
3. Fill in summary of dollar values to agree with respective totals indicated on
continuation sheets.
4. Certification shall be executed with signature of a responsible officer of contract
firm.
B. Continuation Sheets:
1. Fill in total list of all schedule component items of work with item number and
scheduled dollar value for each item.
01026 - 1
0437.03
2. Fill in dollar value in each column for each scheduled line item when work has
been performed or products stored, as of date of Application.
3. List each Change Order executed prior to date of Application at the end of the
continuation sheets.
a. List by Change Order number and description, as for an original component
item of work.
C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated
in the General and Supplementary Conditions. Contractor shall reflect the amount
retained on each Application for Payment.
D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens
Affidavit with each Application for Payment certifying payment to Subcontractors,
material suppliers or other entities having provided labor, materials and equipment
related to the Work covered by the previous Application for Payment, as specified in the
General and Supplementary Conditions.
E. Prior to acceptance of Application for Payment, Contractor shall show that project record
drawings are current and up to date per Section 01720, as requested by the Architect or
Owner.
F. Prior to acceptance of Application for Payment, Contractor shall provide certified payroll
reports, as requested by the Owner, in conformance with the requirements of the Davis -
Bacon Act.
G. Prior to acceptance of Final Application for Payment, Contractor shall submit complete
operating and maintenance manuals for review and acceptance by the Architect and
Owner. Refer to paragraph 1.06 below.
1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
A. When the Owner requires substantiating data, Contractor shall submit suitable information
with a cover letter identifying:
1. Project name, Application number and date.
2. Detailed list of enclosures.
3. Stored materials may be submitted for payment, provided they are stored on site,
in the Subcontractor's insured facility, or in a bonded warehouse facility as of the
date of Application.
a. Submit item number and identification as shown on Application,
description of specific material.
b. Submit certificate of insurance indicating coverage of stored materials, if
requested by the Owner.
B. Submit one (1) copy of data for each copy of Application.
1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT
A. Fill in Application form as specified for progress payments.
B. Use continuation sheet for presenting the final statement of accounting as specified in
Section 01700, Contract Close -Out.
1.06 SUBMITTAL PROCEDURE
A. Submit Applications for Payment to Architect within the time limitations and deadlines
stipulated in the Agreement.
01026 - 2
0437.03
B. Number: Four (4) copies of each Application, or as established at the Pre -Construction
Conference.
C. When Architect finds Application properly completed and correct, he will transmit
Certificate for Payment to Owner within seven (7) calendar days.
D. Final Certificate for Payment shall be processed only after operating and maintenance
manuals have been received, reviewed and accepted by the Architect and Owner.
END OF SECTION
01026 - 3
0437.03
No Text
SECTION 01027
CHANGE ORDER PROCEDURES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall prepare and promptly implement Change Order procedures:
1. Provide full written data required to evaluate proposed changes in the Contract
Sum or extensions of the Contract Time.
2. Maintain detailed records of work done on a time-and-material/force-account
basis.
3. Maintain detailed records of weather -related delays to substantiate claims for
additional time.
B. Designate in writing the member of Contractor's organization who is authorized to accept
changes in the work.
C. Related requirements specified elsewhere:
1. Owner -Contractor Agreement and Conditions of the Contract:
a. Methods of determining cost or credit to Owner resulting from changes in
the work made on a time -and -material basis.
b. Contractor's claims for additional costs.
C. Allowable limits for Contractors overhead and profit.
d. Established unit prices.
2. Section 01026, Applications for Payment.
3. Section 01046, Access to Site: Designation of Owner's Principal Representative,
authorized to execute change orders.
4. Section 01310, Construction Schedules.
5. Section 01370, Schedule of Values.
6. Section 01600, Material and Equipment: Substitutions.
7. Section 01720, Project Record Documents.
1.02 DEFINITIONS
A. Change Order: See General Conditions.
B. Architect's Supplemental Instructions, AIA Document G710: A written order, instructions
or interpretations signed by Architect making minor changes in the work not involving a
change in Contract Sum or Contract Time.
C. Proposal Request, AIA Document G709: A written request by the Owner or Architect
describing proposed changes in the work and requesting change order pricing from the
Contractor, but not authorizing the work to be completed until approved in writing by the
Owner.
D. Construction Change Authorization, standard City of Fort Collins form: A written order to
the Contractor signed by Owner and Architect which amends the Contract Documents as
described and authorizes Contractor to proceed with a change which affects the Contract
Sum or the Contract Time, for inclusion in a subsequent Change Order.
01027 - 1
0437.03
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 8-160 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall
be considered: (1) The ability, capacity and skill of the bidder to perform
12/03 Section 00100 Page 1
1.03 PRELIMINARY PROCEDURES
A. Owner or Architect may initiate changes by submitting a Proposal Request to Contractor.
Request will include:
1. Detailed description of the change, products and location of the change in the
project.
2. Supplementary or revised Drawings and Specifications.
3. The projected time span for making the change and a specific statement as to
whether overtime work is or is not authorized.
4. A specific period of time during which the requested price will be considered valid.
5. Such request is for information only and is not an instruction to execute the
changes or to stop work in progress.
B. Contractor may initiate changes by submitting a written notice to Architect containing:
1. Description of the proposed changes.
2. Statement of the reason for making the changes.
3. Statement of the affect on the Contract Sum and the Contract Time.
4. Statement of the affect on the work of separate contractors.
5. Documentation supporting any change in Contract Sum or Contract Time as
appropriate.
C. Changes in the work affecting construction cost and/or contract time shall not be started
without a fully executed Change Order or other written authorization from the Owner and
Architect, in accordance with the General and Supplementary Conditions.
1.04 CONSTRUCTION CHANGE AUTHORIZATION
A. In lieu of a Proposal Request, Architect may issue a Construction Change Authorization for
Contractor to proceed with a change for subsequent inclusion in a Change Order.
B. Authorization will describe changes in the work, both additions and deletions, with
attachments of revised Contract Documents to define details of the change and will
designate the method of determining any change in the Contract Sum and any change in
Contract Time.
C. Owner and Architect will sign and date the Construction Change Authorization as
authorization for the Contractor to proceed with the changes.
D. Contractor will sign and date the Construction Change Authorization to indicate agreement
with the terms therein.
1.05 DOCUMENTATION OF PROPOSALS AND CLAIMS
A. Support each quotation for a lump sum proposal and for each unit price which has not
previously been established with sufficient substantiating data to allow Architect and
Owner to evaluate the quotation.
1. Labor and equipment required.
2. Materials required:
a. Recommended source of purchase and unit cost.
b. Quantities required.
3. Taxes, insurance and bonds.
4. Credit for work deleted from Contract similarly documented.
5. Overhead and profit. Refer to Supplemental Conditions of the Contract for
established limits, if applicable.
6. Justification for any change in Contract Time.
01027 - 2
0437.03
B. Support each claim for additional costs and for work done on a time-and-material/force-
account basis, with documentation as required for a lump sum proposal plus additional
information:
1. Name of the Owners authorized agent who ordered the work and date of the
order.
2. Dates and times work was performed and by whom.
3. Time record, summary of hours worked and hourly rates paid.
4. Receipts and invoices for:
a. Equipment used, listing dates and times of use.
b. Products used, listing quantities.
C. Subcontracts.
C. Document requests for substitutions for products as specified in Section 01600.
D. Support each claim for additional time due to weather -related delays with the following
daily information:
1. Statement of the reason for requesting an extension to the Contract Time due to
the weather, including the materials or trades affected and the adverse effects of
the weather upon these items.
2. Weather conditions at the site of the project for each day requested.
3. Temperature in Fahrenheit at the site for each day requested.
4. Any additional information requested by the Owner.
1.06 PREPARATION OF CHANGE ORDERS
A. Contractor shall prepare each Change Order, unless Owner or Architect is authorized to
prepare Change Orders at the Pre -Construction Conference.
B. Form: Change Order, AIA Document G701 or Owner provided form.
C. Change Order will describe changes in the work, both additions and deletions, with
attachments of revised Contract Documents to define details of the change.
D. Change Order will provide an accounting of the adjustment in the Contract Sum and the
Contract Time.
1.07 LUMP SUM/FIXED PRICE CHANGE ORDER
A. Content of Change Orders will be based on either:
1. Architect's Proposal Request and Contractor's response as mutually agreed between
Owner and Contractor; or
2. Contractor's proposal for a change as recommended by Architect.
B. Owner and Architect will sign and date the Change Order as authorization for the
Contractor to proceed with the changes.
C. Contractor will sign and date the Change Order to indicate agreement with the terms
therein.
1.08 UNIT PRICE CHANGE ORDER
A. Content of Change Orders will be based on either:
1. Architect's definition of the scope of the required changes.
2. Contractor's proposal for a change as recommended by Architect.
3. Survey of completed work.
B. The amounts of the unit prices to be either:
1. Those stated in the Agreement.
01027 - 3
0437.03
2. Those mutually agreed upon between Owner and Contractor.
C. When quantities of each of the items affected by the Change Order can be determined
prior to start of the work:
1. Owner and Architect will sign and date the Change Order as authorization for
Contractor to proceed with the changes.
2. Contractor will sign and date the Change Order to indicate agreement with the
terms therein.
D. When quantities of the items cannot be determined prior to start of the work:
1. Architect or Owner will issue a Construction Change Authorization directing
Contractor to proceed with the change on the basis of unit prices and will cite the
applicable unit prices.
2. At completion of the change, Architect will determine the cost of such work based
on the unit prices and quantities used.
a. Contractor shall submit documentation to establish the number of units of
each item and any claims for a change in Contract Time.
3. Architect will sign and date the Change Order to establish the change in Contract
Sum and in Contract Time.
4. Owner and Contractor will sign and date the Change Order to indicate their
agreement with the terms therein.
1.09 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE AUTHORIZATION
A. Architect and Owner will issue a Construction Change Authorization directing Contractor to
proceed with the changes.
B. At completion of the change, Contractor shall submit itemized accounting and supporting
data as provided in paragraph 1.05, Documentation of Proposals and Claims.
C. Architect will determine the allowable cost of such work as provided in General Conditions
and Supplementary Conditions.
D. Architect and Owner will sign and date the Change Order to establish the change in
Contract Sum and in Contract Time.
E. Contractor will sign and date the Change Order to indicate their agreement therein.
F. Owner must approve in writing and on a daily basis all time and material Change Orders.
1.10 CONTRACTOR OVERHEAD AND PROFIT
A. General: Allowable limits to the Contractors and Subcontractors' mark-ups on Change
Orders shall be as established in the Supplementary Conditions of the Contract.
1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS
A. Periodically revise Schedule of Values and Application for Payment forms to record each
change as a separate item of work and to record the adjusted Contract Sum.
B. Periodically revise the Construction Schedule to reflect each change in Contract Time.
1. Revise subschedules to show changes for other items of work affected by the
changes.
C. Upon completion of work under a Change Order, enter pertinent changes in Record
Documents.
END OF SECTION
01027 - 4
0437.03
SECTION 01030
ALTERNATES
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. This section identifies each Alternate by number and describes the basic changes to be
incorporated into the work only when that Alternate is made a part of the work by specific
provisions in the Owner -Contractor Agreement.
B. Coordinate related work and modify surrounding work as required to properly integrate
the work under each Alternate for the complete construction required by the Contract
Documents.
C. Related requirements specified elsewhere:
1. Bidding Documents: Method of quotation of the cost of each Alternate and the
basis of the Owner's acceptance of Alternate.
2. Owner -Contractor Agreement: Incorporation of Alternates into the work.
3. Bid Form and Bid Schedule.
4. Sections of the Specifications as listed under the respective Alternates.
Referenced Sections of Specifications stipulate pertinent requirements for
products and methods to achieve the work stipulated under each Alternate.
D. Alternates will be accepted as follows, unless otherwise modified by the General or
Supplementary Conditions to the Contract.
1. Alternates will be accepted in any order.
E. The Owner will consider the price quotation for each Alternate, in addition to the Base
Bid, in determining the apparent Low Bidder, unless otherwise modified by the General or
Supplementary Conditions to the Contract. Refer to Information for Bidders.
1.02 DESCRIPTION OF ALTERNATES
A. Alternate No. 1 (Add): Furnish materials and labor to install dumpster access ramp
including compacted fill, cast -in -place concrete stem walls/slab and galvanized steel
guardrail as indicated on the Drawings.
END OF SECTION
01030 - 1
0437.03
No Text
SECTION 01040
COORDINATION
PART GENERAL
1.01 COORDINATION REQUIREMENTS
A. Contractor shall be responsible for the overall coordination of all civil, landscape and
urban design, architectural, structural, mechanical and electrical components and systems
that are a part of this project.
1. Coordinate components and systems prior to purchasing or fabricating.
2. Coordinate materials, equipment and fixtures supplied by various trades for
compatibility with the final installation.
B. Coordinate all work included in the Construction Documents, including but not limited to
the following construction trades:
1. Demolition.
2. Earthwork, excavation and grading.
3. Cast -in -place concrete.
4. Structural steel and metalwork.
5. Carpentry and cabinetwork.
6. Roofing and flashings.
7. Painting and finishing.
8. Flooring and hard surfaces.
C. Coordinate scheduling, submittals and work of the Drawings and various Sections of
Specifications to assure efficient and orderly sequence of installation of interdependent
construction elements.
D. Coordinate and verify that utility requirement characteristics of operating equipment are
compatible with the building utilities. Interruption of utility services shall be scheduled
with and subject to the approval of the Owner seven (7) business days prior to the
interruption.
E. Coordinate utility locates and utility designs with the City of Fort Collins and other
jurisdictions having authority over the project. Refer to Section 01060.
F. Related requirements specified elsewhere:
1. General and Supplementary Conditions: Contractors Responsibilities.
2. Section 01010, Summary of Work.
3. Section 01050, Field Engineering.
4. Section 01060, Regulatory Requirements.
5. Section 01600, Materials and Equipment: Substitutions.
1.02 RELATED WORK BY OTHERS
A. Coordinate as required with the Owner for related work, as shown on the Drawings or
specified herein, to be performed by the Owner's own forces or by separate contract from
this project. Refer to Section 01010.
01040 - 1
0437.03
1.03 COORDINATION OF SCHEDULES
A. Coordinate schedule of construction activity with the Owners continued use of the facility
and site. Refer to Section 01046, Access to Site.
B. Coordinate schedule of construction activity with the Owner and other Contractors as
necessary to facilitate the related work by others described above.
1.04 COORDINATION MEETINGS
A. In addition to progress meetings specified in Section 01200, Contractor shall hold
coordination meetings and pre -installation conferences with personnel and Subcontractors
to assure coordination of work.
1.05 COORDINATION OF SUBMITTALS
A. General: Schedule and coordinate all submittals specified in Section 01340 or other
Sections.
B. Coordinate work of various Sections having interdependent responsibilities for installing,
connecting to and placing in service such equipment.
C. Coordinate requests for substitutions to assure compatibility of space, operating elements
and the effect on work of other Sections.
1.06 COORDINATION OF SPACE
A. Coordinate use of project space and sequence of installation of mechanical and electrical
work which is indicated diagrammatically on the Drawings. Follow routing shown for
pipes, ducts and conduits as closely as practicable, with due allowance for available
physical space; make runs parallel with lines of building. Utilize space efficiently to
maximize accessibility for other installations, for maintenance and for repairs.
B. In finished areas, except as otherwise shown, conceal pipes, ducts and wiring in the
construction. Coordinate locations of fixtures and outlets with finish elements.
1.07 COORDINATION OF CONTRACT CLOSE-OUT
A. Coordinate completion and cleanup of work of separate Sections in preparation for
Substantial Completion.
B. Assemble and coordinate close-out submittals specified in Section 01700.
C. After Owner's occupancy of premises, coordinate access to the site by various Sections for
correction of defective work and work not in accordance with Contract Documents to
minimize the disruption of Owner's activities.
END OF SECTION
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SECTION 01041
SUPERINTENDENT
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall employ a competent superintendent and any necessary assistants, who
shall be in attendance at the project site during performance of the work.
B. Superintendent shall be on the jobsite to the minimum level specified herein, but in all
cases whenever a Subcontractor is working on the project.
C. Related work specified elsewhere:
1. General and Supplementary Conditions of the Contract.
2. Section 01010, Summary of Work.
3. Section 01040, Coordination.
4. Section 01046, Access to Site.
1.02 QUALIFICATIONS
A. Contractor shall employ a competent superintendent to supervise and coordinate all
construction and jobsite administration tasks for the duration of the project.
1. Superintendent shall be a regular employee of the Contractor's firm, unless the use
of a contract employee is approved and authorized by the Owner in writing.
2. Superintendent shall have a general knowledge of the building type and type of
construction proposed for this project, and shall have successfully completed at
least one (1) project of similar size and complexity in the past five (5) years,
serving in a similar capacity.
3. Restoration and Preservation Projects: Superintendent shall have completed at
least one (1) project requiring adherence to the Secretary of the Interior's
Standards for Rehabilitation of Historic Buildings, or other project under
rehabilitation guidelines of the Colorado Historical Society in the past five (5)
years.
4. Contractor shall submit a written resume, references for similar completed
projects and other supporting documents to verify the qualifications of the
person(s) to be employed as superintendent for this project, if requested by the
Owner.
1.03 REQUIRED LEVEL OF SUPERVISION
A. Superintendent shall be present at the jobsite until Substantial Completion on a full-time
basis.
1. Superintendent shall be present at the jobsite whenever a Subcontractor is working
on the project.
2. Superintendent shall be present during any municipal or utility inspection.
3. Superintendent shall be present at any scheduled or Owner- or Architect -requested
meeting.
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B. Superintendent shall be present at the jobsite after Substantial Completion and through
project closeout as follows:
1. Superintendent need not be onsite full time during this period, except as noted
below.
2. Superintendent (need not) shall be present at the jobsite when punchlist work is
being completed.
END OF SECTION
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SECTION 01045
CUTTING AND PATCHING
PART 1 GENERAL
1.01 WORK INCLUDED
A. Requirements and limitations for cutting and patching of the work. Cutting and patching
shall be as required to provide a complete and finished project.
B. Related work specified elsewhere:
1. Section 01600, Materials and Equipment: Substitutions.
2. Section 02070, Selective Demolition.
1.02 SUBMITTALS
A. Submit written request in advance of cutting or alteration which affects:
1. Structural integrity of any element of the project.
2. Building, fire, life safety or handicapped accessibility compliance of the project.
3. Integrity of weather -exposed or moisture -resistant elements.
4. Efficiency, maintenance or safety of any operational element.
5. Visual or aesthetic qualities of sight -exposed elements.
6. Historic materials, details or fabric of the structure.
B. Include in request:
1. Location and description of affected work.
2. Necessity for cutting or alteration.
3. Description of proposed work and products to be used.
4. Alternatives to cutting and patching.
5. Effect on work of Owner or separate Contractor, if any.
6. Date and time work will be executed.
PART 2 PRODUCTS
2.01 MATERIALS
A. Materials used in cutting and patching shall be those required for, or to match, original
construction.
B. For any change in materials, submit request for substitution in accordance with Section
01600.
PART 3 EXECUTION
3.01 PREPARATION
A. Restoration and Preservation Projects: If historical or archaeological resources are
encountered during excavation or construction of this project, the Contractor shall stop
work and notify the Owner and the Office of Archaeology and Historic Preservation,
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s
5.0
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.
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.
INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
12/03 Section 00100 Page 2
Colorado Historical Society. Work shall not proceed until authorized in writing by the
Owner.
3.02 CUTTING AND PATCHING
A. Execute cutting, fitting and patching as required for a complete and finished project.
1. Contractor shall be responsible for cutting and patching as required for the
completion of the work. No cutting shall be done without approval of the
Architect or Owner as to location, method and extent of cutting.
2. Fit work tight to adjacent elements. Maintain integrity of wall, roof, ceiling or
floor constructions and finishes. Refinish surfaces to match adjacent finishes.
3. Minimize extent of necessary cutting and patching. Thoroughly explore
alternatives to cutting and patching.
4. Remove and replace defective and non -conforming work.
5. Provide openings in elements of the work for mechanical and electrical
penetrations, work of other trades or Subcontractors.
B. Under no circumstances shall cutting and patching be allowed to areas of historical
significance without the prior review, approval and authorization of the Owner and the
Colorado Department of Transportation.
C. Cutting, patching and fitting shall be performed by personnel or subcontractors skilled in
the particular trades or Sections of the work involved.
D. Perform cutting by methods which will prevent damage to other portions of the work and
provide proper surfaces to receive installation of repair and new work.
E. Perform fitting and adjusting of products to provide finished installation complying with
the specified tolerances and finishes.
END OF SECTION
01045 - 2
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SECTION 01046
ACCESS TO SITE
PART GENERAL
1.01 OWNER'S USE OF PREMISES
A. The City of Fort Collins shall fully occupy the existing facility, parking areas and grounds
during construction of this project, except for specific areas designated strictly for use by
the Contractor as specified in paragraph 1.02.
B. It is the intent of the Owner not to disturb the normal functions of the complex, visitors,
employees, vendors, suppliers, contractors or related outside businesses during the work
of this project.
C. The City of Fort Collins (the Owner) shall not occupy or use any portion of the building or
site until Substantial Completion of the project.
D. Refer to paragraph 1.04 below for special site restrictions.
E. The Owners principal representative on this project shall be Steve Seefeld. Mr. Seefeld
shall be the only representative of the Owner with access to the site with or without the
Contractor's knowledge, permission or guidance.
G. Related conditions specified elsewhere:
1. Section 01010, Summary of Work.
2. Section 01040, Coordination.
3. Section 01060, Regulatory Requirements.
4. Section 01510, Temporary Utilities.
5. Section 01590, Field Offices and Sheds.
1.02 CONTRACTOR'S USE OF PREMISES
A. Contractor shall have access to the site of new construction as required for the successful
completion of the project, as arranged at the Pre -Construction Conference.
B. Site area affected by construction access, construction activities, employee parking and
material storage areas is to be minimized.
1. General limits of the site access are as shown on the site plan in the Drawings.
Final limits shall be as determined at the Pre -Construction Conference.
2. Owner's access to non -effected areas of the site shall be maintained at all times.
Employee parking areas will be maintained throughout the duration of the project,
as determined at the Pre -Construction Conference.
3. Contractor's employees and subcontractors shall not park on the public streets
adjacent to the site.
C. Access to areas of the existing facility affected by construction activities of the project is
to be minimized.
1. Schedules for construction activities within the existing facility shall be submitted
to the Owner for approval a minimum of seven (7) days prior to beginning work.
2. Access to areas of new construction through the existing facility will not be
allowed.
3. Contractor shall protect all existing exterior and interior materials and finishes as
determined at the Pre -Construction Conference. Contractor shall repair or replace
any existing materials or finishes damaged as a part of this work at no cost to the
01046 - 1
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Owner, including damage to adjacent properties.
4. Contractor shall provide daily cleaning of the site and areas of the existing facility
during the period of construction activity.
D. Contractor shall assume full responsibility for the protection and safekeeping of products
under this Contract stored on the site and for completed work.
E. Noise Control: Refer to Section 01560, Temporary Controls.
F. Dust and Erosion Control: Refer to Section 01560, Temporary Controls.
G. Construction Hours: Refer to Section 01560, Temporary Controls.
H. Toilet Facilities: Refer to Section 01510, Temporary Utilities.
1.03 CONSTRUCTION STAGING
A. Contractor shall provide a staging and phasing plan for the Owners review and approval at
the Pre -Construction Conference, including:
1. Major materials to be stored on the site.
2. Major equipment to be used in the work, with the proposed placement of this
equipment during different phases of construction.
3. Field offices, trailers and storage sheds, including those proposed by major
Subcontractors.
4. Limits of temporary site fencing, including access points.
5. Proposed location for construction vehicle and employee parking.
6. Proposed phasing or sequencing of construction on the site.
END OF SECTION
01046 - 2
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SECTION 01060
REGULATORY REQUIREMENTS
PART GENERAL
1.01 APPROVAL AND RECOMMENDATION AGENCIES
A. The City of Fort Collins has jurisdiction for review and approval of the project, including
but not limited to, the following departments:
1. Planning and Zoning.
2. Building Inspection.
3. Fire Prevention.
4. Engineering and Traffic Engineering.
5. Water/Wastewater Utility.
6. Stormwater Utility.
7. Electric Utility.
8. Handicapped Advisory Commission.
B. Other entities having jurisdiction of this project, include but are not limited to:
1. State of Colorado Department of Public Health and Environment.
2. Larimer County Health Department.
3. State of Colorado Historical Society.
4. State of Colorado, Department of Transportation.
5. Water Utility.
6. Poudre Fire Authority.
7. Local Landmark Preservation Commission.
C. Codes which have been adopted by City of Fort Collins applicable to the project include,
but may not be limited to:
1. Uniform Building Code, 1997 Edition.
2. Uniform Code for Building Conservation, Current Edition.
3. Uniform Plumbing Code, 1997 Edition.
4. Uniform Mechanical Code, 1997 Edition.
5. CDOT Standard Specifications for Road and Bridge Construction.
6. NFPA 101, Life Safety Code, Current Edition.
7. National Electrical Code, Current Edition.
8. ANSI A117.1, American National Standards Institute Specifications for Making
Buildings and Facilities Accessible to and Usable by Physically Handicapped People,
Current Edition.
9. Americans with Disabilities Act, provisions for accessibility by physically
handicapped people, 1990.
10. Miscellaneous health and safety codes and standards applied by the State of
Colorado Department of Public Health and Environment.
11. Any other local, state or federal codes which are applicable.
12. In case of a conflict between referenced applicable codes, the one having the
more stringent requirements shall govern.
01060 - 1
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1.02 SERVICES AND UTILITIES
A. Specific on- and off -site utility extensions and service lines are shown on the Drawings,
except:
1. Natural gas.
2. Telephone.
3. Cable television.
4. Electrical primary service to location(s) of the transformer(s).
The Contractor shall be responsible for coordinating the work of these outside utility
providers, as well as the coordination of these utilities with those shown on the Drawings.
Refer to Section 01040.
1.03 COMPLIANCE WITH APPLICABLE LAWS
A. In addition to any applicable regulations referenced elsewhere, all Contractors shall
strictly adhere to all applicable federal and state laws, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto, including but
not limited to:
1. National Environmental Policy Act of 1969, as amended, and the implementing
regulations of HUD and of the Council on Environmental Quality providing for
establishment of national policy, goals, and procedures for protecting, restoring
and enhancing environmental quality.
2. The Clean Air Act of 1970 as amended, requiring that federal assistance will not be
given and that license or permit will not be issued to any activity not conforming
to the State implementation plan for national primary and secondary ambient air
quality standards.
3. Davis -Bacon Fair Labor Standards Act requiring that, on all contracts and
subcontracts which exceed $2,000 for federally -assisted construction, alteration or
rehabilitation, laborers and mechanics employed by contractors or subcontractors
shall be paid wages at rates not less than those prevailing on similar construction
in the locality as determined by the Secretary of Labor.
4. Contract Work Hours and Safety Standards Act of 1962 requiring that mechanics
and laborers employed on federally -assisted contracts which exceed $2,000 be
paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty in a work week.
5. Copeland "Anti -Kickback" Act of 1934 prohibiting and prescribing penalties for
"kickbacks" of wages in federally -financed or assisted construction activities.
6. The Lead -Based Paint Poisoning Prevention Act - Title IV prohibiting the use of
lead -based paint in residential structures constructed or rehabilitated with federal
assistance, and requiring notification to purchasers and tenants of such housing of
the hazards of lead -based paint and of the symptoms and treatment of lead -based
paint poisoning.
7. Section 109 of the Housing and Community Development Act of 1974, as amended,
providing that no person shall be excluded from participation (including
employment), denied program benefits or subjected to discrimination on the basis
of race, color, national origin or sex under any program or activity funded in whole
or in part under Title I (Community Development) of the Act.
8. Title VI of the Civil Rights Act of 1964 prohibiting discrimination on the basis of
race, color, religion or religious affiliation, or national origin in any program or
activity receiving federal financial assistance.
01060 - 2
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9. Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting
discrimination on the basis of race, religion, sex or national origin in any phase of
employment during the performance of federal or federally -assisted contracts in
excess of $2,000.
10. Section 504 of the Rehabilitation Act of 1973, as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded
from participation (including employment), denied program benefits or subjected
to discrimination under any program or activity receiving federal funds.
1.04 HANDICAPPED ACCESSIBILITY
A. Construction shall be in substantial compliance with the requirements of the American
National Standards Institute Specifications for Making Buildings and Facilities Accessible to
and Usable by Physically Handicapped People, ANSI A117.1, Current Edition, and the
Americans with Disabilities Act, 1990.
B. Refer to Section 01010, Summary of Work, for extent of handicapped accessible and
handicapped adaptable construction.
C. Refer to specific Sections of the Specifications for specific requirements relating to each
section.
1.05 SAFETY OF LIFE, HEALTH AND PUBLIC WELFARE
A. Contractor shall have sole responsibility for compliance on the job site with all applicable
portions of the Williams -Steiger Occupational Safety and Health Act (OSHA) and
compliance with the Equal Employment Opportunity Act (EEO).
1. Contractor shall fully comply with OSHA requirements for maintaining Material
Safety Data Sheets (MSDS) on the site.
B. Protection of life, health and public welfare as it relates to construction of the project is
the responsibility of the Contractor. The Owner will not provide observation, inspection,
supervision or any comment on plans, procedures or actions employed at the project as
they relate to safety of life, health or public welfare. If conditions are imposed by the
Owner which interfere with or imply actions detrimental to safety, written notice shall be
returned to the Contractor for action prior to affecting any unsafe conditions.
C. The Architect shall not have control or charge of, and shall not be responsible for,
construction means, methods, techniques, sequences or procedures for safety precautions
and programs in connection with the work, for the acts or omissions of the Contractor,
subcontractors or any other persons performing any of the work or for the failure of any of
them to carry out the work in accordance with the Contract Documents.
1. The Architect shall have no responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous materials in any form at
the project site, including but not limited to asbestos, asbestos products, lead -
based paint, polychlorinated biphenyl (PCB) or other toxic substances. Refer also
to Section 02080, Hazardous Material Removal.
1.06 PERMITS AND FEES
A. Refer to General and Supplementary Conditions.
B. Contractor shall be responsible for all permits, fees and inspections required by the
regulatory agencies referenced above, including but not limited to:
1. Subcontractor fees.
01060 - 3
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2. Any other local or state permits or fees.
C. Owner shall be responsible for the following permits, fees and inspections required by the
regulatory agencies referenced above, including but not limited to:
1. Plan review fees.
2. Building permit fees.
3. Utility impact and plant investment fees, and other development fees.
4. Utility tap and meter fees.
D. The Contractor shall be responsible for applying for, and acquiring, all building permits,
inspections and any other permits required for the construction of this project, except as
modified below.
1. The Drawings and Specifications shall be in the City of Fort Collins' review process
during the bidding phase of the project.
END OF SECTION
01060 - 4
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SECTION 01070
G3:3:3b.AV_1 [i1.F1
PART1 GENERAL
1.01 DEFINITIONS
A. Wherever used in these Specifications, the following abbreviations shall have the
meanings indicated:
AAMA
American Architectural Manufacturers Association
AASHTO
American Association of State Highway Et Transportation Officials
ADA
Americans with Disabilities Act
AIA
American Institute of Architects
AISC
American Institute of Steel Construction
AISI
American Iron and Steel Institute
AITC
American Institute of Timber Construction
ANSI
American National Standards Institute
ASME
American Society of Mechanical Engineers
ASTM
American Society for Testing and Materials
AWI
Architectural Woodwork Institute
AWS
American Welding Society
AWWA
American Water Works Association
CDOT
Colorado Department of Transportation
CISPI
Cast Iron Soil Pipe Institute
CRSI
Concrete Reinforcing Steel Institute
CS
Commercial Standard
EEI
Edison Electric Institute
FS
Federal Specifications
IBBM
Iron Body, Bronze Mounted
IBC
International Building Code
IEEE
Institute of Electrical and Electronics Engineers
IRC
International Residential Building Code
ISA
Institute Society of America
IGCC
Insulating Glass Certification Council
LEED
Leadership in Energy and Environmental Design
MBMA
Metal Building Manufacturer's Association
MCC
Motor Control Center
MCIP
Motor Control Instrument Panel
MSL
Mean Sea Level
MSS
Manufacturer's Standardization Society of the Valves and Fittings
NBS
National Bureau of Standards
NEC
National Electric Code
NEMA
National Electrical Manufacturers Association
NFRC
National Fenestration Rating Council
NFoPA
National Forest Products Association
NPT
National Pipe Thread
NRS
Non -Rising Stem
NWMA
National Woodwork Manufacturer's Association
01070 - 1
0437.03
PIMA Polyisocyan u rate Insulation Manufacturer's Association
RPM Revolutions per minute
SDI Steel Deck Institute
SJI Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors National Association, Inc.
SPRI Single -Ply Roofing Institute
TCA Tile Council of America
UBC Uniform Building Code
UCBC Uniform Code for Building Conservation
UFC Uniform Fire Code
UL Underwriter's Laboratories
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
END OF SECTION
01070 - 2
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SECTION 01200
PROJECT MEETINGS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences.
B. Contractor shall schedule and administer periodic progress meetings and specially called
meetings throughout progress of the work.
1. Prepare agenda for meetings and conduct meetings.
2. Record the minutes, including significant proceedings and decisions.
3. Reproduce and distribute copies of minutes within five (5) days after each
meeting to all participants in the meeting and parties affected by decisions
made at the meeting.
4. Prepare and regularly update an "open items list" to document and track
required decisions and pending changes.
C. Representatives of contractors, subcontractors and suppliers attending meetings shall be
qualified and authorized to act on behalf of the entity each represents.
D. Owner's representative will attend meetings to ascertain that work is expedited
consistent with Contract Documents and construction schedules.
1.02 PRE -CONSTRUCTION MEETING
A. Owner shall schedule and administer the Pre -Construction Conference within five (5)
working days after the date of Notice to Proceed.
B. Location: A central site, convenient for all parties, designated by the Owner.
C. Attendance:
1. Owners principal representative.
2. Contractor's project manager and superintendent.
3. Major subcontractors.
4. Representative from Colorado Historical Society.
D. Agenda:
1. Distribution and discussion of:
a. List of major subcontractors.
b. Project construction schedules.
C. Schedule of Values.
d. Contractors staging plan.
2. Critical work sequencing.
3. Major equipment deliveries and priorities.
4. Project coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
C. Submittals, shop drawings and samples.
d. Change Orders.
e. Applications for Payment.
f. Certified payroll reports for Davis -Bacon wage reporting, if applicable.
6. Adequacy of distribution of Contract Documents.
7. Procedures for maintaining Record Documents.
01200 - 1
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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
12/03 Section 00100 Page 3
8. Use of premises:
a. Field office, work and storage areas.
b. Owners use of site and grounds.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first -aid procedures.
12. Security procedures and temporary site or building fencing and enclosures.
13. Housekeeping procedures.
14. Pending changes and substitutions by Change Order.
15. Installation of project sign.
1.03 PROGRESS MEETINGS
A. Contractor shall schedule and administer regular weekly meetings as determined at the
Pre -Construction Conference and specially called meetings as required by progress of
the work.
B. Location of the Meetings: As designated by Contractor and coordinated with the
Owners principal representative, normally the Contractor's jobsite trailer.
C. Attendance:
1. Contractor's project manager and on -site superintendent.
2. Owners principal representative.
3. Architect and his professional consultants, as needed.
4. Subcontractors as appropriate to the agenda.
5. Others as appropriate.
D. Suggested Agenda:
1. Review of work progress since previous meeting.
2. Field observations, problems and conflicts.
3. Review of off -site fabrication and delivery schedules.
4. Revisions to the construction schedule.
5. Progress and schedule during succeeding work period.
6. Review submittal schedules and expedite as required.
7. Maintenance of quality standards.
8. Pending changes and substitutions, with review of the proposed changes for:
a. Effect on construction schedule and completion date.
b. Effect on other contracts of the project.
9. Review of Contractors application for progress/final payment.
10. Walk-through inspection of the work in progress by the Owner's representative,
Architect and his consultants, as necessary, and General Contractor.
Subcontractors will only be involved in these walk-throughs as requested by the
Owner or Architect.
END OF SECTION
01200 - 2
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SECTION 01310
CONSTRUCTION SCHEDULES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall prepare and submit to the Architect estimated construction progress
schedules for the work with subschedules of related activities which are essential to its
progress.
B. Submit revised progress schedules periodically.
C. Related requirements specified elsewhere:
1. General and Supplementary Conditions, and Conditions of the Contract: Liquidated
Damages.
2. Section 01040, Coordination.
3. Section 01200, Project Meetings.
4. Section 01340, Shop Drawings, Product Data and Samples.
5. Section 01700, Contract Close -Out.
1.02 FORM OF SCHEDULES
A. Type: Schedules will be computer generated, using software specifically designed for this
intent, and shall be capable of automatically adjusting critical path entries.
B. Prepare schedules in a continuous flow, both daily and weekly formats.
1. Provide separate horizontal bar for each trade, supplier or subcontractor.
2. Horizontal Time Scale: Identify the first workday of each week.
3. Scale and Spacing: As required to allow space for notations and future revisions.
4. Minimum Size: 8-1/2" x 11".
C. Format of Listing: Table of Contents of this project manual.
D. Format of Scheduling: Chronological order of the start of each item of work.
E. Identification of Listings: By major specification section numbers as a minimum.
1. Listings shall be complete enough to include each item of work that is sizable
enough to affect either the start of, or completion of, other areas of the work.
1.03 CONTENT OF SCHEDULES
A. Construction Progress Schedule:
1. Show the complete sequence of construction by activity.
2. Show the dates for the beginning and completion of each major element of
construction, based upon the Schedule of Values.
3. Substantial completion, punch list completion, final completion and contract
close-out shall be included.
B. Final Completion Schedule: Contractor shall update the latest progress schedule through
contract close-out.
C. Nothing in these requirements shall be deemed to be a usurpation of the Contractor's
authority and responsibility to plan and schedule the work as he sees fit, subject to all
other requirements of the Contract Documents.
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1.04 SUBMISSIONS
A. Submit initial schedule within fifteen (15) days after Award of Contract.
1. Owner/Engineer will review schedules and return review copy within ten (10) days
after receipt, if modifications are required.
2. If required, resubmit within seven (7) days after return of review copy.
B. Submit revised progress schedules with each Application for Payment indicating actual
work progress in comparison to scheduled progress. Schedules will be reviewed at
normally scheduled meetings, as set forth in Section 01200.
C. Submit final schedule with contract close-out documentation.
1.05 DISTRIBUTION OF SCHEDULES
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Owners representative.
3. Architect.
4. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor in writing any problems
anticipated by the projections shown in the schedules.
END OF SECTION
01310-2
0437.03
SECTION 01340
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Coordinate and submit shop drawings, product data and samples required by the Contract
Documents.
B. Related requirements specified elsewhere:
1. Conditions of the Contract: Definitions and additional responsibilities of parties.
2. Section 01040, Coordination.
3. Section 01200, Project Meetings.
4. Section 01310, Construction Schedules.
5. Section 01720, Project Record Documents.
6. Division 15, Mechanical, and Division 16, Electrical.
1.02 SHOP DRAWINGS
A. Drawings shall be presented in a clear and thorough manner, with sufficient detail and
completeness to clearly illustrate all conditions of the specific installation.
1. Details shall be identified by reference to sheet and detail, schedule or room
numbers shown on Contract Drawings.
2. Shop drawings shall be returned unreviewed if, in the opinion of the Owner or
consultants, the drawings lack sufficient completeness or clarity to allow their
review.
B. Sheet size for all shop drawings shall be 8-1/2" x 11 ", 11" x 17" or 24" x 36".
C. Quantity and Format: Unless otherwise directed by the Owner, provide the following:
1. Shop Drawings: One (1) reproducible and three (3) prints or copies.
D. Cover Sheet: Each copy shall contain the Shop Drawing Identification Form, located at the
end of this Section.
1.03 PRODUCT DATA
A. Preparation:
1. Clearly mark each copy to identify pertinent products or models.
2. Show performance characteristics and capacities.
3. Show dimensions and clearances required.
4. Show wiring or piping diagrams and controls.
B. Manufacturer's standard schematic drawings and diagrams:
1. Modify drawings and diagrams to delete information which is not applicable to the
work.
2. Supplement standard information to provide information specifically applicable to
the work.
C. Quantity and Format: Unless otherwise directed by the Owner, provide the following:
1. Product Data: Minimum five (5) complete sets.
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1.04 SAMPLES
A. Office samples shall be of sufficient size and quantity to clearly illustrate:
1. Functional characteristics of the product with integral related parts and
attachment devices.
2. Full range of color, textures and pattern.
B. Contractor shall coordinate and submit all samples requiring finish, texture or color
selection by the Owner so that these materials may be reviewed by the Owner as a
complete package. The Owner reserves the right to withhold finish and color selections
until all such samples have been submitted.
1.05 CONTRACTOR RESPONSIBILITIES
A. Contractor shall prepare and submit to the Owner a log of shop drawing, product data and
sample submittals, indicating schedules for submission and review of individual products
or equipment.
B. Contractor shall coordinate and make submittals promptly, in accordance with the
approved submittal schedule. The Owner shall not be responsible for delays in the work
caused by the Contractor's failure to make submittals in a timely manner, the
completeness and/or accuracy of such submittals, or failure to allow adequate time for
review of submittals by the Owner or his professional consultants.
C. Contractor shall review shoo drawings, product data and samples prior to submission to
Owner. Contractor shall determine and verify:
1. Quantities.
2. Field measurements.
3. Field construction criteria.
4. Catalog numbers and similar data.
5. Conformance with Specifications.
6. Completeness of submittal and compliance with the requirements of this Section.
D. Coordinate each submittal with requirements of the work and of the Contract Documents.
Contractor shall coordinate submittals between related items of work prior to purchasing
or fabricating.
E. Review of shop drawings and submittals by the Owner/Engineer is only for general
conformance with design intent of the project and general compliance with the
information given in the Contract Documents. Contractor shall be responsible for meeting
all requirements of the Drawings and/or Specifications, whether noted in the
Owner/Engineer review or not.
F. Notify the Owner/Engineer in writing at time of submission of any deviations in the
submittals from requirements of the Contract Documents. The Contractor must submit in
writing any requests for modifications to the Drawings and Specifications. Shop drawings
submitted to the Owner/Engineer for this review do not constitute "in writing" unless it is
noted that specific changes are being requested. Changes by means of shop drawings
become the sole responsibility of the Contractor.
G. Begin no fabrication or work which requires submittals until return of submittals with
Owner/Engineer approval.
1.06 SUBMISSION REQUIREMENTS
A. Make submittals promptly, in accordance with approved schedule and in such sequence as
to cause no delay in the work or in the work of any other Contractor.
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B. Number of submittals required:
1. Shop Drawings: As specified in paragraph 1.02.C.
2. Product Data: As specified in paragraph 1.03.C.
3. Samples: Submit one sample or set of samples of each item requested.
4. The Owner reserves the right to withhold review and approval of submittals until
all required copies have been furnished.
C. Submittals shall contain the following information, to be completed on the attached Shop
Drawing Identification Form:
1. Date of submission and the dates of any previous submissions.
2. Project title and number.
3. Contract identification.
4. Names of:
a. Contractor.
b. Supplier.
C. Manufacturer.
5. Field dimensions clearly identified as such.
6. Relation to adjacent or critical features of the work or materials.
7. Applicable standards such as ASTM or Federal Specification numbers.
8. Identification of any deviations from Contract Documents.
9. Contractor's stamp, initialed or signed, certifying to review of submittal,
verification of products, field measurements and field construction criteria and
coordination of the information within the submittal with requirements of the
work and of Contract Documents.
1.07 OWNER RESPONSIBILITIES
A. Upon receipt, Owner shall distribute submittals to his professional consultants as
applicable.
B. Owner and consultants shall review submittals in a timely manner, in accordance with the
requirements of General and Supplementary Conditions.
C. Owner shall return submittals to the Contractor, with stamp indicating approval,
rejection, required revisions, or description of requirements for resubmittal, if applicable.
D. Owner shall retain copy or copies of submittals.
1.08 RESUBMISSION REQUIREMENTS
A. General: Make any corrections or changes in the submittals required by the
Owner/Engineer and resubmit until approved. Resubmittals may be required for the
following reasons:
1. Incomplete or unclear submittals, or submittals which have not first been reviewed
and approved by the Contractor.
2. Lack of required number of copies of product data or shop drawings.
3. Extent of the revisions necessary in the submittal to meet the design intent and to
be properly reviewed.
4. Materials and/or fabrication details that do not meet the design or technical
requirements of the specifications.
5. All color and/or finish selections have not been submitted as a complete package.
B. Shop Drawing and Product Data: Revise initial drawings or data and resubmit as specified
for the initial submittal. Identify any revisions made.
C. Samples: Submit new samples as required for initial submittal.
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1.09 DISTRIBUTION OF REQUIREMENTS
A. Contractor shall distribute reproductions of shop drawings and copies of product data
which carry the Owner/Engineer stamp of review to:
1. Job site file.
2. Record Documents file.
3. Subcontractors.
4. Supplier or fabricator.
B. Architect shall distribute returned copies of shop drawings and product data to:
1. Owners representative.
2. Consultants, as applicable.
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SHOP DRAWING IDENTIFICATION FORM
DATE:
PROJECT:
ARCHITECT: Alter -Lingle Architects, P.C.
712 Whalers Way, Suite 13-100
Fort Collins, CO 80525
(970) 223-1820
CONTRACTOR: NAME:
ADDRESS:
PHONE:
SUBCONTRACTOR: NAME:
CONTACT PERSON:
ADDRESS:
PHONE:
PRODUCT(S):
SPEC. SECTION(S):
"STAMP"
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0437.03
END OF SECTION
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SECTION 01370
SCHEDULE OF VALUES
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Submit to the Owner and Architect a Schedule of Values allocated to the various portions
of the work. Upon request of the Architect, support the values with data which will
substantiate their correctness.
B. Schedule of Values shall be used only as the basis for the Contractor's Applications for
Payment.
C. Related requirements specified elsewhere:
1. Conditions of the Contract.
2. Section 01026, Application for Payment.
1.02 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Schedule of Values shall be submitted to the Architect within fifteen (15) days of Award of
Contract.
B. Format: Contractor's standard forms or computer printouts. Identify schedule with:
1. Title of project and location.
2. Architect and project number.
3. Name and address of Contractor.
4. Contract designation.
5. Date of submission.
C. Schedule shall list the installed value of the component parts of the work in sufficient
detail to serve as a basis for computing values for progress payments during construction.
1. List separately the costs associated with the materials and labor for each
component part of the work.
D. Basis: At a minimum, the Table of Contents of this Project Manual shall be used as the
format for listing component items. Contractor may include additional listings at their
option.
1. Identify each line item with the number and title of the respective major section
of the Specifications.
E. For each major line item, list subvalues of major products or operations under the item.
F. Contractor's overhead and profit shall be listed as a separate line item.
G. The sum of all values listed in the schedule shall equal the total Contract Sum.
END OF SECTION
01370-1
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described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to Section
00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that proposes
to use acceptable subcontractors. Subcontractors, suppliers, other persons
or organization listed and to whom OWNER or Engineer does not make written
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the effective date of the Agreement as provided in the General
Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
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.
12/03 Section 00100 Page 4
No Text
SECTION 01400
QUALITY CONTROL
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. General quality control of the materials, equipment and labor for the project.
B. Manufacturer's field services, support, and testing requirements.
C. Related requirements specified elsewhere:
1. Section 01600, Materials and Equipment: Quality of materials and equipment to be
installed in the work.
2. Division 15, Mechanical, and Division 16, Electrical.
1.02 QUALITY ASSURANCE
A. Contractor Qualifications: General Contractor shall have completed at least three (3)
projects requiring adherence to the Secretary of the Interior's Standards for Rehabilitation
of Historic Buildings, or other projects of similar size and complexity under rehabilitation
guidelines of the Colorado Historical Society in the past five (5) years.
B. Manufacturers: Where two or more units of the same class of equipment are required,
these shall be the products of a single manufacturer. However, the component parts of
the system need not be the products of the same manufacturer, unless otherwise
specified.
C. Design Criteria:
1. Design equipment for operations at an elevation of 4,900 feet above mean sea
level, unless otherwise indicated in Division 15 and/or 16.
2. Coordinate details of the equipment with other related parts of the work,
including verification that all structures, piping, wiring and equipment components
are compatible.
3. Design equipment to operate under all conditions of load without objectionable
sound or vibration. Sounds or vibrations noticeable outside of room in which
equipment is installed, or annoying sounds or vibrations noticeable inside room,
will be considered objectionable. Correct conditions considered objectionable to
Architect/Engineer by means of approved vibration eliminators or by replacing
equipment at Owner's option.
4. Nameplates: Provide a permanent operational data nameplate on each item of
power -operated equipment indicating the manufacturer, product name, model
number, serial number, speed, capacity, power characteristics, labels of tested
compliances and similar essential operating data. Locate nameplates in easily
read locations.
D. Design underground piping systems, joints, couplings, valves, vaults and other
appurtenances to function under all conditions of load to be encountered on the site,
including but not limited to:
1. Soils conditions, including expansion and contraction.
2. Water table conditions.
01400 - 1
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1.03 QUALITY CONTROL AND WORKMANSHIP
A. Maintain quality control over suppliers, manufacturers, products, services, site conditions
and workmanship to produce work of specified quality.
B. Comply with industry standards, except when more restrictive tolerances or specified
requirements indicate more rigid standards or more precise workmanship.
C. Perform work by persons qualified to produce workmanship of specified quality.
D. Secure products in place with positive anchorage devices designed for the appropriate
loads and sized to withstand stresses, vibration and racking.
�iL! •T,I 1. l�l �L� 1t1:1 �;�� L F�;itl� LPL` F�
A. When required by individual Specifications section, submit manufacturer's printed
instructions in the quantity specified for delivery, storage, assembly, installation, startup,
adjusting and finishing.
B. Comply with manufacturer's instructions in full detail. Include each step in sequence.
Should instructions conflict with Contract Documents, request clarification from
Owner/Engineer before proceeding.
C. When required by individual Specification section, submit manufacturers written
maintenance instructions for the Owners use after occupancy.
1.05 MANUFACTURER'S CERTIFICATES
A. When required by individual Specifications section, submit manufacturer's certificate, in
duplicate, that products meet or exceed specified requirements.
1.06 MANUFACTURERS' FIELD SERVICES
A. When specified in respective Specifications section, require supplier and manufacturer to
provide qualified personnel to observe field conditions, installation and workmanship,
startup, testing and balancing of equipment as applicable and to make appropriate
recommendations.
B. Representative shall submit written report to Owner listing observations and
recommendations.
END OF SECTION
01400 - 2
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SECTION 01410
TESTING
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Materials testing by an independent, approved testing laboratory including, but not
limited to:
1. Concrete testing.
2. Compaction testing.
1.04 ACCESS TO SITE AND NOTIFICATION REQUIREMENTS
A. Testing laboratory will be allowed access to the site as required in the performance of
their work. Contractor shall provide testing laboratory at least 48 hours notice prior to
time testing is required prior to the next phase of work.
B. Restoration and Preservation Projects: If historical or archaeological resources are
encountered during excavation or construction of this project, the Contractor shall stop
work and notify the Owner and the Office of Archaeology and Historic Preservation,
Colorado Historical Society. Work shall not proceed until authorized in writing by the
Owner.
1.05 TESTING REQUIREMENTS
A. Concrete:
1. Inspection and testing of concrete mix will be performed by an independent
testing agent recommended by the Contractor and approved by the Owner.
2. Submit proposed concrete mix design to inspection and testing firm for review
prior to commencement of work.
3. Test cylinders shall be taken and materials tested in accordance with requirements
of Section 03300.
4. If tests indicate that materials do not meet specified requirements, remove
defective work, replace and retest at no additional cost to Owner.
B. Compaction at Foundations, Building Slabs and Utility Trenches:
1. Testing of compacted fill materials shall be performed by an independent testing
agent recommended by the Contractor and approved by the Owner.
2. Notify the Architect at completion of each phase of excavation prior to placement
of backfill of all foundations and utility trenches.
3. When work of this Section or portions of work are completed, notify the testing
laboratory to perform density test. Do not proceed with additional portions of
work until results have been verified.
4. If tests indicate that compacted materials do not meet specified requirements,
remove defective work, replace and retest at no additional cost to Owner.
C. Contractor shall conduct the following tests as specified in Division 2, Sitework and/or
required by local jurisdiction with authority over the installation and testing of utility
systems.
1. Pipe alignment tests.
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0437.03
2. Sewer infiltration tests.
3. Sewer exfiltration or air tests.
4. Pressure and leakage tests.
1.06 TESTING FEES
A. Fees for required materials testing will be paid for by the Owner as provided in the
General and Supplementary Conditions.
B. Fees for additional testing required due to improper performance of the work will be paid
by the Contractor.
1.07 TESTING RESULTS
A. Testing laboratory shall furnish copies of the required test results to the following:
1. Owner's representative.
2. Structural Engineer for open -hole inspection, concrete and steel testing.
3. Contractor.
END OF SECTION
01410 - 2
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SECTION 01510
TEMPORARY UTILITIES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary utility services required for construction. Remove
upon completion of work.
B. Furnish, install and maintain temporary sanitary facilities for use by construction
personnel. Remove upon completion of work.
C. Related requirements specified elsewhere:
1. Section 01060, Regulatory Requirements.
2. Section 01530, Barriers and Enclosures.
3. Section 01560, Temporary Controls.
4. Section 01590, Field Offices and Sheds.
5. Section 01710, Cleaning: Trash removal during construction.
1.02 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with the current editions of all applicable building codes. Refer to Section 01060.
B. Comply with applicable federal, state and local codes and regulations.
C. Comply with applicable utility company requirements.
1.03 UTILITY FEES
A. Utility charges and expenses for temporary construction usage for the following shall be
paid by the Owner, unless indicated otherwise:
1. Temporary electricity.
2. Temporary construction water until installation and acceptance of the building's
permanent plumbing systems.
3. Temporary heat and ventilation upon start-up of the buildings permanent
mechanical systems, when put into service during the construction period as
specified in paragraph 2.03.C.
B. Utility charges and expenses for temporary construction usage for the following shall be
paid by the Contractor, unless indicated otherwise:
1. Installation or connection charge for temporary electricity, water, natural gas,
propane or telephone service.
2. Temporary sanitary facilities.
3. Temporary local and long-distance telephone, including cellular.
4. Temporary heat and ventilation until start-up or use of the buildings permanent
mechanical systems, including the cost of fuel used during construction.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Materials for temporary construction uses may be new or used but must be
01510 - 1
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adequate in capacity for the required usage, must not create unsafe conditions and must
not violate requirements of applicable codes and standards.
2.02 TEMPORARY ELECTRICITY AND LIGHTING
A. Contractor may utilize existing 120/240V power service in the existing facility.
B. Install circuit and branch wiring with area distribution boxes located so that power and
lighting is available throughout the construction area by the use of construction -type
power cords.
C. Provide adequate artificial lighting for all areas of work when natural light is not adequate
for work and for areas accessible to the public.
D. Security Lighting: Provide temporary security lighting for temporary, secure materials
storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance.
2.03 TEMPORARY HEAT AND VENTILATION
A. Contractor shall provide and maintain, at his own expense, all temporary heating,
including all fuel and required attendance necessary to protect and dry all work during
cold weather.
B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to
disperse humidity and to prevent hazardous accumulations of dust, fumes, vapors or gases.
1. Portable heaters shall be standard approved units complete with controls. Do not
store materials near sources of intense heat or open flame.
C. Permanent building heating system may be used upon installation, testing and acceptance
by the jurisdiction having authority over this area of the work, as allowed in Division 15,
Mechanical.
1. The project shall be substantially enclosed and secured with the building's
permanent glazing systems and either construction or permanent hardware.
2.04 TEMPORARY TELEPHONE SERVICE
A. Contractor shall install and maintain a job telephone. Contractor shall pay all costs for
installation, maintenance, removal and service charges for local calls. Toll charges shall
be paid by the party who places the call.
B. Telephones within the existing facility shall not be used by construction personnel during
the construction period.
2.05 TEMPORARY WATER
A. Contractor may utilize existing water service in the existing facility.
1. Contractor shall tap existing fire hydrant for construction water. Contractor shall
be responsible for acquiring any necessary permit and installing temporary meter
as required by the City of Fort Collins.
B. Contractor shall provide and maintain, at his own expense, all temporary construction
water service to the site of construction.
C. Install branch piping with taps located so that water is available throughout the
construction area by the use of 50' hoses. Protect piping and fittings against freezing.
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2.06 TEMPORARY SANITARY FACILITIES
A. Contractor shall provide sanitary facilities for use by construction personnel in compliance
with current laws and regulations.
1. Service, clean and maintain facilities and enclosures in accordance with local
governing health agencies.
B. Toilet facilities within the existing facility shall not be used by construction personnel
during the construction period.
C. New toilet facilities within the facility may be used by construction personnel upon
installation, testing and acceptance by the jurisdiction having authority over this area of
the work. Contractor shall provide routine cleaning and servicing of these facilities until
occupancy by the Owner.
PART 3 EXECUTION
3.01 INSTALLATION AND OPERATION
A. General: Install and maintain temporary utility services in accordance with requirements
of applicable federal, state and local codes and regulations, and applicable utility
company requirements.
B. Maintain and operate systems to assure continuous service.
C. Modify and extend systems as work progress requires.
3.02 REMOVAL
A. Completely remove temporary materials and equipment when use is no longer required, or
upon completion of the work.
B. Clean and repair damage caused by temporary installations or use of temporary facilities.
C. Restore permanent facilities used for temporary construction services to original or
specified condition.
1. Prior to final inspection, remove temporary lamps and install new lamps in all
Lighting fixtures used during the construction period.
2. Prior to final inspection, clean permanent filters and replace disposable filters in
all mechanical equipment used during the construction period. Clean ducts,
blowers and coils if units were operated during the construction period without
filters.
END OF SECTION
01510 - 3
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No Text
SECTION 01520
CONSTRUCTION EQUIPMENT AND AIDS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish and maintain required construction equipment.
B. Furnish, install and maintain required construction aids and remove upon completion of
work.
C. Related work specified elsewhere:
1. Section 01046, Access to Site.
2. Section 01510, Temporary Utilities.
3. Section 01530, Barriers and Enclosures.
4. Section 01560, Temporary Controls.
5. Section 01590, Field Offices and Sheds.
PART2 PRODUCTS
2.01 MATERIALS
A. General: Equipment and construction aids for temporary construction uses may be new,
used or rental equipment, suitable for the intended purpose, but must not violate
requirements of applicable codes and standards.
2.02 CONSTRUCTION EQUIPMENT
A. Provide construction equipment as necessary to facilitate execution of the work, including
but not limited to:
1. Miscellaneous hand tools.
2. Miscellaneous power tools.
3. Goggles, masks, hardhats and other personal safety equipment.
4. Cranes, forklifts and other material handling equipment.
5. Rolling or vibrating plate compactors.
6. Concrete batching and pumping trucks and equipment.
7. End loaders, scrapers, backhoes and other heavy equipment.
8. Air compressors.
9. Portable electrical generators.
10. Mortar batching equipment.
11. Drywall texturing equipment.
12. Paint spraying equipment.
13. Other equipment as required.
2.03 CONSTRUCTION AIDS
A. Provide construction aids and temporary equipment required by personnel to facilitate
execution of the work, including but not limited to:
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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.
12/03 Section 00100 Page 5
1. Scaffolding, staging, ladders and platforms.
2. Stairs, ramps, runways and guardrails.
3. Hoists, platform lifts and chutes.
4. Concrete curing and thermal protection blankets.
5. Drop cloths and other protective materials.
6. Other facilities as required.
PART 3 EXECUTION
3.01 PREPARATION
A. Consult with Owner, review site conditions and other factors which affect construction
procedures and construction aids, including adjacent properties and public facilities which
may be affected by execution of the work.
B. Comply with applicable requirements specified in Divisions 2 through 16.
C. Relocate construction aids as required by progress of construction, by storage or work
requirements and to accommodate legitimate requirements of other subcontractors
employed at the site.
3.02 REMOVAL
A. Completely remove temporary materials, equipment and services:
1. When construction needs can be met by use of the permanent construction; or
2. At completion of the project.
B. Clean and repair damage caused by installation or by use of temporary facilities.
1. Remove foundations and underground installations for construction aids.
2. Grade areas of site affected by temporary installations to required elevations and
slopes and clean the area.
C. Restore permanent facilities used for temporary purposes to specified condition.
END OF SECTION
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SECTION 01530
BARRIERS AND ENCLOSURES
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install, and maintain temporary construction barriers and enclosures.
B. Furnish, erect, and maintain temporary site security fencing and gates.
C. Furnish, erect and maintain temporary safety barricade fencing.
D. Related work specified elsewhere:
1. Section 01030, Alternates.
2. Section 01046, Access to Site.
3. Section 01060, Regulatory Requirements.
4. Section 01510, Temporary Utilities.
5. Section 01520, Construction Equipment and Aids.
6. Section 01560, Temporary Controls: Dust partitions.
7. Section 01590, Field Offices and Sheds.
PART 2 PRODUCTS
2.01 TEMPORARY CONSTRUCTION BARRIERS AND ENCLOSURES
A. General: Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary construction
necessary for proper completion of the work, in compliance with applicable safety and
other regulations.
B. Safety Barricade Fencing: Refer to paragraph 2.08 below.
A. Prior to commencing work, Contractor shall, at his option, erect and maintain construction
fencing to enclose an area for ground level construction activity, storage and waste
removal, as approved by the Owner.
1. Fencing Materials: Panelized, chain -link fencing with crossed X-type post supports,
minimum 6'-0" high.
2. Refer to the approved staging plan for approximate limits of site area to be fenced
for construction activities and storage.
B. Provide vehicular and pedestrian access gates, with locks, as appropriate for construction
access.
1. Furnish Owners principal representative with keys to the lock of the primary
access gate.
C. Do not attach temporary fencing to any existing permanent construction, including
buildings, trees, retaining walls, walks or pavements.
D. Promptly remove temporary fencing materials upon completion of sitework, rough grading
and asphalt paving and restore area to original condition. Contractor shall repair or
replace any existing materials or equipment damaged as a part of this work at no cost to
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the Owner.
1. Fencing shall remain in place until building is secured.
2. Fencing shall be removed prior to finish grading, installation of underground
sprinkler system and landscaping.
2.03 MISCELLANEOUS TEMPORARY WALL AND ROOF CLOSURES
A. Provide temporary weathertight enclosure of exterior roof and walls for successive areas
of the building as work progresses to provide acceptable working conditions, provide
weather protection for materials, allowing for effective temporary heating and to prevent
entry of unauthorized persons.
1. Provide temporary secure and fixed panels for double hung window openings.
2. Enclosures shall be removable as necessary for work and for handling of materials.
3. Provide enclosures for protection of areas designated for use by Owner during
construction. Refer to Section 01046, Access to Site.
2.04 SAFETY BARRICADE FENCING
A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-
of-way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort
Collins for approval.
1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely
accommodated and maintained during construction.
B. Prior to commencing such work, Contractor shall erect and maintain protective safety
barricade fencing around the areas of work, as required by the approved plan.
1. Approved Materials: Expanded plastic fencing.
2. Color: Orange, or as approved by the governing agency with jurisdiction over this
work. Refer to Section 01060.
C. Provide adequate room within fenced enclosures for workers and construction activities.
D. Maintain all required clearances for vehicular and/or pedestrian circulation within public
right-of-ways that will be allowed during the construction period. Refer to Section 01046.
E. Consult with the City of Fort Collins for any additional barricading or public safety
requirements.
F. Promptly remove temporary safety fencing upon completion of work and restore site area
to original condition. Contractor shall repair or replace any existing materials or finishes
damaged as a part of this work at no cost to the Owner.
END OF SECTION
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SECTION 01560
TEMPORARY CONTROLS
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution
control.
B. Implement and maintain temporary controls required for noise and construction work
hours limitations.
C. Related requirements specified elsewhere:
1. Section 01010, Summary of Work: Special site restrictions.
2. Section 01040, Coordination.
3. Section 01046, Access to Site.
4. Section 01510, Temporary Utilities.
5. Section 01530, Barriers and Enclosures: Cold -weather construction enclosures.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Materials for temporary controls may be new or used, but must be adequate in
capacity for the required usage, must not create unsafe conditions and must not violate
requirements of applicable codes and standards.
2.02 DUST CONTROL
A. Furnish and maintain such facilities or procedures as may be necessary to prevent air-
borne dust generated by the construction activities of this project from affecting either
the Owners use of this site or neighboring properties. Implementation of such require-
ments will be at the sole discretion of the Owner or the City of Fort Collins.
B. Furnish materials, erect and maintain temporary dust partitions to seal portions of the
building and equipment to remain in use during the construction period from affected
areas of the project.
1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness
minimum.
C. Partitions shall be attached to the existing building so as not to damage or mar materials
or finishes.
D. Promptly remove temporary partitions upon completion of the work and restore materials
and finishes to original condition. Contractor shall repair or replace any existing materials
or finishes damaged as a part of this work at no cost to the Owner.
2.03 POLLUTION CONTROL
A. Contractor shall take all necessary precautions to prevent spilling or littering of water -
polluting substances. Do not allow any foreign materials to be dumped into any portion of
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the sewer or storm drainage collection system or into any water runoff collection basin.
The Contractor shall be responsible for all labor, equipment and materials necessary to
remedy any such pollution as deemed appropriate by governing agencies with such
jurisdiction.
B. No burning of debris or any other air -polluting methods or equipment will be allowed. All
motorized equipment shall be adjusted to minimize exhaust pollution.
C. Contractor shall prevent fumes from roofing materials and equipment from being drawn
into the existing facility's air intake system. Equipment shutdowns shall be scheduled as
specified in Section 01040.
PART 3 EXECUTION
3.01 GENERAL
A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 5:00 p.m.
Monday through Saturday during the construction period, except as limited in paragraphs
3.01.6. and 3.02. Sunday or holiday construction will not be allowed.
B. Specific activities that may limit the Contractors working hours, if applicable, shall be
determined at the Pre -Construction Conference.
3.02 NOISE CONTROL
A. Construction activities that generate noise in excess of 85 db shall be limited to hours as
established at the Pre -Construction Conference.
1. Prohibited after 5:00 p.m. every weekday, unless approval is obtained by Owner.
2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained by
Owner.
END OF SECTION
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SECTION 01580
PROJECT SIGN
PART GENERAL
1.01 WORK INCLUDED
A. Contractor shall prepare, erect and maintain one painted project sign.
B. Restoration and Preservation Projects: A sign acknowledging funding from the Colorado
Department of Transportation and the City of Fort Collins to be erected and maintained by
the Contractor.
C. No other signs or advertisement will be allowed without the Owner's approval.
D. Related work specified elsewhere:
1. Section 09900, Painting.
PART PRODUCTS
2.01 MATERIALS
A. General: The project sign shall be constructed as detailed on the Drawings or attached
hereto.
B. Sign Material: 3/4" thick plywood, A/C, exterior APA, conforming to PSI standards.
1. Size: Sign shall be cut from nominal 4'-0" x 8'-0" plywood sheet, as detailed on the
attached drawing.
C. Posts: 4" x 4" Hem -Fir or Douglas Fir, S4S, conforming to PS 20 standards.
PART 3 EXECUTION
3.01 GENERAL
A. Architect shall review signage copy for correctness and completeness prior to beginning
work.
1. Special graphics or logo requirements will be furnished to the sign fabricator by
the Owner and/or Architect.
B. Project sign shall be erected within two (2) weeks of Notice to Proceed and shall remain
on the project site until completion of the project.
C. Location of the sign shall be as arranged at the Pre -Construction Conference.
D. The project sign shall remain the property of the Contractor and shall be promptly
removed upon completion of the project.
E. Colorado Department of Transportation sign shall be removed and returned upon
completion of the project.
3.02 INSTALLATION
A. Embed sign posts minimum T-0".
END OF SECTION
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No Text
SECTION 01590
FIELD OFFICES AND SHEDS
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary construction offices and secured storage facilities.
B. Related work specified elsewhere:
1. Section 01046, Access to Site.
2. Section 01530, Barriers and Enclosures.
PART 2 PRODUCTS
2.01 TEMPORARY FIELD OFFICES
A. Contractor may provide and maintain a secured, weathertight office, no larger than 12' x
20', for use by Contractor, Architect, consultants, Owner's representative and
subcontractors. Building shall be the property of the Contractor and shall be promptly
removed upon completion of the project. Location for the building shall be as arranged at
the Pre -Construction Conference.
1. Structures shall be provided and maintained in good condition, as determined by
the Owner's representative.
2. Signage and other advertising allowed on the structures shall be as determined at
the Pre -Construction Conference.
B. Facilities may include, but not be limited to:
1. Conference table and chairs for minimum six (6) persons.
2. Bottled, chilled water dispenser and cups.
3. Plan rack or other facilities for storage of project record documents.
4. File cabinet or other facilities for storage of shop drawings, samples, color boards,
installation instructions, materials data sheets, etc.
5. Adequate heat, air conditioning, ventilation and artificial lighting.
6. Other facilities as deemed appropriate or necessary by the Contractor.
C. Facilities to be paid for by the Owner as Division 1 expenses shall be subject to the
approval of the Owner.
2.02 STORAGE SHEDS
A. Contractor shall provide and maintain secured, weathertight storage sheds or enclosures
for tools, materials and equipment requiring such conditions, with adequate heat and
ventilation. Provide space for organized storage, and access and artificial lighting for
inspection of stored materials.
1. Structures shall be provided and maintained in good condition, as determined by
the Owner's representative.
2. Signage and other advertising allowed on the structure shall be as determined at
the Pre -Construction Conference.
B. Temporary Site Fencing: Refer to Section 01530.
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C. Security Lighting: Provide temporary security lighting for temporary, secure materials
storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance.
Refer to Section 01510, Temporary Utilities.
PART 3 EXECUTION
3.01 REMOVAL OF TEMPORARY FACILITIES
A. Completely remove temporary facilities when use is no longer required, or upon
completion of the work.
B. Clean and repair damage caused by temporary installations or use of temporary facilities.
C. Restore permanent facilities used for temporary construction services to original or
specified condition.
END OF SECTION
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SECTION 01600
MATERIAL AND EQUIPMENT
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Material and equipment incorporated into the work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type and quality specified, or as specifically approved in
writing by the Owner/Engineer.
3. Manufactured and Fabricated Products:
a. Design, fabricate and assemble in accordance with the best engineering
and shop practices.
b. Manufacture like parts of duplicate units to standard sizes and gages to be
interchangeable.
C. Two (2) or more items of the same kind shall be identical by the same
manufacturer.
d. Products shall be suitable for service conditions.
e. Equipment capacities, sizes and dimensions shown or specified shall be
adhered to, unless variations are specifically approved in writing.
4. Do not use material or equipment for any purpose other than that for which it is
designed or specified.
B. Provide specified maintenance materials, equipment and tools to the Owner at the
completion of the project.
C. Provide equipment or systems start-up, commissioning and operational testing, as
specified in individual Sections.
D. Related requirements specified elsewhere:
1. Conditions of the Contract.
2. Section 01010, Summary of the Work.
3. Section 01040, Coordination.
4. Section 01340, Shop Drawings, Product Data and Samples.
5. Section 01400, Quality Control.
6. Section 01710, Cleaning.
7. Section 01730, Operating and Maintenance Data.
1.02 MANUFACTURER'S INSTRUCTIONS
A. When Contract Documents require that installation of work shall comply with
manufacturers printed instructions, contractor shall obtain and distribute copies of such
instructions to parties involved in the installation, including two (2) copies to the Owner.
1. Maintain one (1) set of complete instructions at the job site during installation and
until completion.
B. Handle, install, connect, clean, condition and adjust products in strict accordance with
such instructions and in conformity with specified requirements.
1. Should job conditions or specified requirements conflict with manufacturer's
instructions, consult with Owner for further instructions. Do not proceed with
work without clear instructions.
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14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority
at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and 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
12/03 Section 00100 Page 6
C. Perform work in accordance with manufacturer's instructions. Do not omit any
preparatory step or installation procedure, unless specifically modified or exempted by
Contract Documents.
1.03 TRANSPORTATION AND HANDLING
A. Arrange deliveries of products in accordance with construction schedules, coordinate to
avoid conflict with work and conditions at the site.
1. Deliver products in undamaged condition in manufacturer's original containers or
packaging with identifying labels intact and legible.
2. Immediately upon delivery, inspect shipments to assure that materials and
equipment are in compliance with approved submittals, required quantities have
been provided and that products are properly protected and undamaged.
B. Provide equipment and personnel to handle products by methods to prevent soiling or
damage to products or packaging.
fiRlIMUSI;7TAW-lP►17J:Z9ilr 4947
A. Preparation for Shipment:
1. Prepare in a manner to facilitate unloading and handling.
2. Provide skids, boxes, crates or other effective shipping devices to protect
materials, fixtures or equipment against damage from rough handling, moisture,
dust, excessive heat or cold.
3. Protect painted surfaces against impact, abrasion, discoloration and other damage.
4. Apply grease packing or lubricating oil to all bearing and similar items.
5. Tag or mark each item as identified in the delivery schedule or on the shop
drawings. Package or bundle items consisting of multiple similar pieces. Tag or
mark the package or bundle.
6. Include complete packing lists or bills of material with each shipment.
7. Do not ship equipment requiring cranes or special equipment for unloading or
handling without notice or until Contractor is prepared to receive and care for it
properly.
8. Protect electrical equipment, controls and insulation from moisture or water
damage.
B. Store products in accordance with manufacturer's instructions, with seals and labels intact
and legible.
1. Store products subject to damage by the elements in weathertight enclosures.
2. Maintain temperature and humidity within the ranges required by manufacturer's
instructions.
C. Exterior Storage:
1. Store fabricated products above the ground on blocking or skids. Prevent soiling or
staining. Cover products which are subject to deterioration with impervious sheet
coverings. Provide adequate ventilation to avoid condensation.
2. Store wood and wood products above the ground on blocking or skids, and cover to
protect from weather exposure.
D. Arrange storage in a manner to provide easy access for inspection. Make periodic
inspections of stored products to assure that products are maintained under specified
conditions and free from damage or deterioration.
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E. Protection after Installation:
1. Protect materials, fixtures and equipment with original protective wrappings until
Substantial Completion of the project, as specified in individual Sections, to
include but not be limited to:
a. Factory -finished wood doors.
b. Custom cabinetry and casework.
C. Toilet and bath fixtures and faucets.
d. Finish hardware items.
2. Provide substantial coverings as necessary to protect installed products from
damage from traffic and subsequent construction operations. Remove when no
longer needed.
1.05 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Products List:
1. Within thirty (30) days after Award of Contract, submit to Owner a complete list of
major products proposed to be used with the name of the manufacturer and the
installing Subcontractor.
B. Contractor's Options:
1. For products specified only by reference standard, select any product meeting that
standard.
2. For products specified by naming several products or manufacturers, select any
one of the products or manufacturers named which complies with the
specifications.
3. For products specified by naming one or more products or manufacturers and "or
equal", Contractor shall submit a request for substitutions of any product or
manufacturer not specifically named.
4. Manufacturer's material or equipment listed in Schedules, Specifications or on the
Drawings are types to be provided for establishment of size, capacity, grade and
quality. If other acceptable manufacturers are used, cost of any change in
construction required by their use shall be borne by the Contractor.
C. Contractor shall use any approved equal material or equipment at no additional cost to
the Owner if the material or equipment used in his Bid is unavailable or causes undue
delay in fabrication or delivery.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Use materials of commercial quality suitable for the anticipated service
conditions.
B. All materials and equipment to be installed in the permanent construction shall be new,
unless otherwise permitted.
C. Unless required otherwise, use components of standard sizes to assure future availability
and permit field installation of repair parts. Make like parts of duplicate units
interchangeable.
D. Contractor to provide a Certificate of Material for all building materials that apply to this
Project.
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2.02 FABRICATION AND MANUFACTURE
A. Workmanship and Materials: Design, fabricate and assemble equipment in accordance
with the best engineering and shop practice.
B. Lubrication:
1. Include lubrication systems which do not waste lubricants, require attention during
startup or shutdown or more frequently than weekly during normal operation.
2. Furnish sufficient lubricants of the type recommended by the equipment
manufacturer to fill lubricant reservoirs and replace consumption during startup,
testing and operation prior to the Owner's acceptance of the equipment.
C. Drive Units: Refer to Division 15, Mechanical, and/or Division 16, Electrical.
D. Anchor Bolts:
1. Furnish with each piece of equipment required to be anchored.
2. Minimum Diameter: 3/4", or as indicated on the Drawings.
3. Minimum Length: Provide for required embedment in structural concrete and
extend through concrete base, 1-1 /2" of grout, base plate and nuts. Concrete base
will be 4" thick, unless otherwise indicated.
4. Include two (2) nuts with each bolt.
5. Deliver anchor bolts with templates or setting drawings in time for installation
when structural concrete is placed.
E. Equipment Bases:
1. Include a cast iron or welded base plate with each pump, compressor and similar
equipment installed on concrete base, if applicable.
2. Design to support both driven unit and its drive assembly on a single base plate.
3. Support all equipment to be set on floor with 4" minimum concrete base.
4. Include grout holes and provisions for anchor bolts.
5. Include raised lip all around and a threaded drain connection with base plates for
pumps.
F. Special Tools and Accessories:
1. Furnish all special tools, instruments and accessories required for proper mainte-
nance.
2. Furnish such special devices as are required for proper lifting and handling.
G. Shop Painting: Refer to Section 09900, Painting.
1. Protect iron and steel surfaces with paint or other protective coating applied in
the shop.
2. Use coating good for anticipated useful life of equipment on surfaces inaccessible
after assembly.
3. Finish exposed surfaces smooth, clean and filled to obtain uniform base for paint.
4. Apply one (1) or more shop coats of a primer capable of protecting surfaces to
receive finish paint coats after installation.
5. Apply finish coats in the shop with a high-grade oil -resistant enamel on electric
motors, speed reducers, starters and other self-contained or enclosed components.
6. Do not paint machined, polished or non-ferrous surfaces. Coat such surfaces with
rust -preventive compound, Houghton Rust Veto 334, Rust-Oleum R-9 or equal.
PART 3 EXECUTION
3.01 INSTALLATION
A. Install equipment with or under the guidance of qualified personnel having the knowledge
01600 - 4
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and experience necessary for proper results.
B. Arrange work to facilitate maintenance, repair or replacement of equipment. Locate
services requiring maintenance on valves and similar units in front of services requiring
less maintenance. Connect equipment for ease of disconnecting, with minimum of
interference with other work.
C. Locate operating and control equipment, dampers, valves, traps, clean -outs, motors,
controllers, switchgears, drain points, maintenance items and devices for easy access.
Install access panels where units are concealed by finished and similar work.
D. Provide required clearances in front of, and around, equipment as necessary for access
and ventilation. Comply with all applicable codes and regulations.
3.02 PLACING EQUIPMENT IN OPERATION
A. Before starting up each system:
1. Check each piece of equipment for proper drive rotation, belt tension and any
other condition which may cause damage to equipment or endanger personnel.
2. Clean, blow-out or flush lubricating oil, water systems and other pipelines.
3. Lubricate equipment in accordance with manufacturer's recommendations.
4. Test lubrication system safety interlocks and system performance.
5. Perform final alignment checks under observation of the Owner's principal
representative and, where required, manufacturer's field representative.
6. Demonstrate that no abnormal stresses are transmitted to equipment from piping,
ducts or other attachments.
7. Check anchor bolt tensions, grout and shims. Use calibrated torque wrenches for
tightening anchor bolts. Do not overstress bolts.
B. Place equipment into successful operation in accordance with the written instructions of
the manufacturer or the instruction of the manufacturers field representative, including
required adjustment, tests and operation checks.
3.03 PERFORMANCE TESTS
A. Tests may be required, whether or not specifically called for, to determine if equipment
will perform as specified or guaranteed. Final acceptance of equipment, or Substantial
Completion of that part of the work, is contingent upon acceptable test results.
B. Do not conduct tests on equipment for which manufacturer's field service is specified,
unless manufacturer's field representative is present and declares the equipment ready for
test.
C. Conduct tests as set forth in the Specifications, unless another manner is approved.
D. Equipment or systems that fail to satisfy the performance requirements shall be modified
or replaced at Owner/Engineer's option. If modifications are allowed, make modifications
necessary to produce an installation which will satisfy the performance requirements.
Retest after modifications or equipment replacement is complete. Modifications,
additional equipment, retesting and structural, piping or electrical modifications
necessary to accommodate modified equipment or replacement equipment shall be made
at no additional cost.
END OF SECTION
01600 - 5
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No Text
SECTION 01700
CONTRACT CLOSE-OUT
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Comply with requirements stated in Conditions of the Contract and in Specifications for
administrative procedures in closing out the work.
B. Related requirements specified elsewhere:
1. Conditions of the Contract: Fiscal provisions, legal submittals and additional
administrative requirements.
2. Section 01026, Applications for Payment: Requirements for final payment.
3. Section 01050, Field Engineering: Surveying certificate and final completion
survey.
4. Section 01310, Construction Schedules.
5. Section 01600, Material and Equipment: Maintenance materials.
6. Section 01710, Cleaning.
7. Section 01720, Project Record Documents.
8. Section 01730, Operating and Maintenance Data.
9. Section 01740, Warranties and Bonds.
10. Respective Sections of Specifications: Testing requirements and closeout submit-
tals required of specific trades or subcontractors.
1.02 SUBSTANTIAL COMPLETION
A. Definition of Substantial Completion: Refer to General and Supplementary Conditions of
the Contract.
B. When Contractor considers that the work is substantially complete, he shall submit to the
Owner:
1. Written notice that the work or designated portion thereof is substantially
complete.
2. "Punch list" of items to be completed or corrected, as determined by the
Contractor prior to inspection by the Owner.
3. Temporary Certificate of Occupancy, or other evidence of acceptance by the
building official or other authority with jurisdiction over the project.
C. Within a reasonable time after receipt of such notice, Owner will make an inspection to
determine the status of completion.
D. Should Owner or Engineer determine that the work is not substantially complete:
1. Owner or Engineer will promptly notify the Contractor in writing, giving the
reasons therefor.
2. Contractor shall remedy the deficiencies in the work and send a second written
notice of substantial completion to the Owner.
3. Owner or Engineer will reinspect the work, as appropriate.
E. When Owner concurs that the work is substantially complete, he will:
1. Prepare a Certificate of Substantial Completion on AIA form G704 or other Owner -
provided form, accompanied by Contractor's list of items to be completed or
corrected as verified and amended by the Owner.
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2. Submit the Certificate to the Owner and Contractor for their written acceptance of
the responsibilities assigned to them in the Certificate.
1.03 FINAL INSPECTION
A. When Contractor considers the work is complete, he shall submit written certification
that:
1. Contract Documents have been reviewed, and that the work has been inspected
for compliance with Contract Documents.
2. Work has been completed in accordance with Contract Documents.
3. Corrective or incomplete work has been completed from "punch lists" provided at
Substantial Completion.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
5. Final cleaning has been completed and project is ready for final inspection.
6. Final Certificate of Occupancy has been issued.
B. Owner will make an inspection to verify the status of completion with reasonable
promptness after receipt of such certification.
C. Should Owner consider that the work is incomplete or defective:
1. Owner or Engineer will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. Contractor shall take immediate steps to remedy the stated deficiencies and send
a second written certification to Owner that the work is complete.
3. Owner or Engineer will reinspect the work, as appropriate.
D. When the Owner finds that the work is acceptable under the Contract Documents, he shall
request the Contractor to prepare and deliver closeout submittals.
E. Should Engineer perform reinspection due to failure of the work to comply with the claims
of status of either Substantial or Final Completion made by the Contractor:
1. Owner will compensate Engineer for such additional services by change order to
the A/E Agreement.
2. Owner will deduct the amount of such compensation from the final payment due
the Contractor.
1.04 SYSTEMS TESTING
A. Contractor shall conduct tests for operational systems and equipment as specified herein
or as required by individual Sections, prior to Final Inspection. Testing of systems or
equipment shall include but not be limited to:
1. Drainage and weathertightness of roofing systems.
2. Domestic water service, natural gas or other pressurized utilities.
1.05 CONTRACTOR'S CLOSE-OUT SUBMITTALS
A. Evidence of compliance with requirements of governing authorities:
1. Certificate of Occupancy.
2. Certificates of Inspection, including plumbing, mechanical and electrical systems.
B. Final Completion Schedule: Refer to Section 01310.
C. Project Record Documents: Refer to Section 01720.
D. Operating and Maintenance Data, Instructions to Owners Personnel: Refer to Section
01730.
01700 - 2
0437.03
E. Warranties and Bonds: Refer to Section 01740.
F. Evidence of Payment and Release of Liens: General and Supplementary Conditions.
G. Test Results: Written approval from the testing agency for systems or equipment requiring
final testing, as specified above.
H. Certifications: Written certifications of material or equipment compliance, as required by
Colorado Department of Transportation.
1.06 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner. Statement shall reflect all
adjustments to the Contract Sum:
1. The original Contract Sum, including accepted Bid Alternates.
2. Additions and deductions resulting from:
a. Previous Change Orders.
b. Allowances.
C. Unit prices.
d. Deductions for uncorrected work.
e. Penalties and bonuses.
f. Deductions for liquidated damages.
g. Deductions for reinspection payments.
h. Other adjustments.
3. Total Contract Sum, as adjusted.
4. Previous payments.
5. Sum remaining due, including retainage.
B. Contractor will prepare a final Change Order reflecting approved adjustments to the
Contract Sum which were not previously made by Change Orders.
1.07 FINAL APPLICATION FOR PAYMENT
A. Contractor shall submit the final Application for Payment in accordance with procedures
and requirements stated in the Conditions of the Contract and Section 01026, Applications
for Payment.
END OF SECTION
01700 - 3
0437.03
No Text
SECTION 01710
CLEANING
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Execute cleaning during progress of the work and at completion of the work.
B. Furnish, maintain and service trash removal dumpsters and/or roll -offs.
C. Furnish, maintain and service recycling containers for construction materials, packaging
and waste products.
D. Related requirements specified elsewhere:
1. Conditions of the Contract.
2. Respective Sections of Specifications: Cleaning for specific products or work.
1.02 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances,
regulations and anti -pollution laws.
B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated
recycling center, legal dumpsite or landfill.
1. Contractor shall be responsible for all dump fees and expenses associated with
hauling materials to the landfill.
PART 2 PRODUCTS
2.01 CLEANING MATERIALS
A. Use only those cleaning materials which will not create hazards to health or property and
which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturers of the
surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.
2.02 WASTE REMOVAL CONTAINERS
A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off
dumpsters for the collection of waste materials, debris and rubbish, in quantities
sufficient for the Work.
1. Dumpsters shall be provided with tightly fitted covers to prevent debris from being
blown out.
2. Roll -offs shall not be required to be covered, but shall be serviced frequently
enough to prevent debris from accumulating and being blown out.
3. Individual recycling containers shall be maintained for paper, corrugated
cardboard, and co -mingled containers for glass, plastic, aluminum and steel.
General contractor shall be responsible for ensuring proper separation of recycled
materials and delivery to acceptable recycling centers.
01710 - 1
0437.03
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, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
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.
12/03 Section 00100 Page 7
B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction
Conference.
PART 3 EXECUTION
3.01 PROGRESS CLEANING
A. Execute periodic cleaning to keep the work, the site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris resulting from
construction operations.
B. Maintain parking areas, access drives and city streets clean from mud and other debris.
C. Remove recycling, waste materials, debris and rubbish from the site periodically and
dispose of at legal commercial recycling centers, dump sites or landfills away from the
site.
3.02 CLEANING PRIOR TO PAINTING
A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as -
needed basis until painting is finished.
B. Schedule operations so that dust and other contaminants resulting from cleaning process
will not fall on wet or freshly finished surfaces.
C. Temporarily seal window and door openings prior to the start of finish painting to prevent
windblown dust and other particulates from impairing wet or freshly finished surfaces.
3.03 FINAL CLEANING
A. Final cleaning shall be performed by personnel or subcontractors skilled in this work.
B. In general, the extent of final cleaning shall be to remove grease, mastic and adhesives,
dust and dirt, stains, fingerprints, labels and other foreign materials from site -exposed
interior and exterior surfaces.
C. Interior cleaning shall include, but not be limited to:
1. Wash and polish glass, glazing and mirrors. Polish glossy surfaces to a clear shine.
2. Damp mop all wood floors.
3. Wipe down all finish carpentry, woodwork and cabinetwork.
4. Wipe down and polish toilet partitions, toilet and bath accessories, signage
components and other specialties.
5. Broom clean and dry vacuum all interior sealed concrete floor slabs to be left
exposed. Apply specified finish/sealer.
D. Exterior cleaning shall include, but not be limited to:
1. Wash and wipe down doors and frames.
2. Wash and polish glass and glazing.
E. Site cleaning shall include, but not be limited to:
1. Broom clean and wash down all areas of exterior concrete flatwork and asphalt
paving.
F. Ventilating Systems:
1. Clean permanent filters and replace disposable filters if units were operated
during construction.
01710 - 2
0437.03
2. Clean ducts, blowers and coils if units were operated without filters during
construction.
G. Prior to final completion or Owner occupancy, Contractor shall conduct an inspection of
the site, all site -exposed interior and exterior surfaces and all work areas to verify that
work of the entire project is clean.
END OF SECTION
01710 - 3
0437.03
No Text
SECTION 01720
PROJECT RECORD DOCUMENTS
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site one (1) record copy of each of the following documents:
1. Drawings.
2. Addenda.
3. Change Orders and other modifications to the Contract.
4. Approved shop drawings, product data and samples.
5. Field test records.
B. Related requirements specified elsewhere:
1. Section 01340, Shop Drawings, Product Data and Samples.
2. Section 01410, Testing.
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Prior to beginning work, separate one (1) clean, complete set of project documents from
construction sets and hold for record document purposes. The Owner will not furnish
additional sets for the Contractors use at the end of construction, unless compensated for
by the Contractor.
B. Store documents and samples in Contractor's field office apart from documents used for
construction. Provide files and rack for storage of documents.
C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record
documents for construction purposes.
D. Make documents and samples available at all times for inspection by the Owner, Engineers
and Owner's representative.
1.03 RECORDING REQUIREMENTS
A. Record information concurrently with construction progress. Do not conceal any work
until required information is recorded.
B. Drawings shall be legibly marked to record actual construction:
1. Depths of various elements of foundation in relation to finished first floor datum.
2. Horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface locations.
3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure.
4. Field changes of dimension and detail.
5. Changes made by field order or by Change Order.
6. Details not included in original Contract Documents.
C. Specifications and Addenda shall be legibly marked to record:
1. Manufacturer, trade name, catalog number and supplier of each product and item
of equipment actually installed.
2. Changes made by field order or by Change Order.
01720 - 1
0437.03
1.04 SUBMITTALS
A. At contract closeout, deliver all Record Documents to the Owner.
B. Accompany submittal with transmittal letter containing:
1. Date, project name and number.
2. Contractor's name and address.
3. Title and number of each Record Document.
4. Signature of Contractor or his authorized representative.
C. Submit one (1) copy of approved data in final form no later than fifteen (15) days after
final inspection or acceptance, but prior to applying for final payment.
D. As -Recorded Documents shall be submitted, reviewed and accepted by the Owner prior to
the Final Application for Payment being processed.
E. Architect shall prepare and furnish the Owner with one (1) set of reproducible Record
Documents in accordance with the Contract requirements.
END OF SECTION
01720 - 2
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SECTION 01730
OPERATING AND MAINTENANCE DATA
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile product data and related information appropriate for Owner's maintenance and
operation of products furnished for this project.
1. Prepare operating and maintenance data as specified in this Section and as
referenced in other pertinent Sections of the Specifications.
B. Instruct Owner's personnel in maintenance of products and in operation of equipment and
systems.
C. Related requirements specified elsewhere:
1. Section 01060, Regulatory Requirements.
2. Section 01340, Shop Drawings, Product Data and Samples.
3. Section 01700, Contract Close -Out.
4. Section 01720, Project Record Documents.
5. Section 01740, Warranties and Bonds.
6. Division 15, Mechanical, and Division 16, Electrical.
1.02 SUBMITTAL REQUIREMENTS
A. Prepare data in form of an instructional manual for use by Owner's personnel.
B. Format of Submittals:
1. Size: 8-1/2" x 11".
2. Paper: Manufacturer's printed data or neatly typewritten.
3. Drawings:
a. Provide reinforced punched binder tab, bind in with text.
b. Fold larger drawings to size of text pages.
4. Provide fly leaf for each separate product or each piece of operating equipment.
a. Provide typed description of product and major component parts of
equipment.
b. Provide indexed tabs.
5. Cover: Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS'. List the following:
a. Title of project.
b. Identity of separate structure as applicable.
C. Identity of general subject matter covered in the manual.
C. Binders:
1. Commercial quality three-ring binders with durable and cleanable plastic covers,
ring size as required.
2. When multiple binders are used, correlate the data into related, consistent
groupings.
D. Number of Manuals Required: Three (3) copies of each complete manual, including all
general information and plumbing, mechanical, electrical and fire sprinkler sections.
01730 - 1
0437.03
1.03 CONTENT OF MANUAL
A. Neatly typewritten Table of Contents for each volume arranged in systematic order.
1. Contractor, name of responsible principal, address and telephone number.
2. List of each product required to be included, indexed to content of the volume.
3. List with each product, name, address and telephone number of:
a. Subcontractor or installer.
b. Maintenance contractor as appropriate.
C. Identify the area of responsibility of each.
d. Local source of supply for parts and replacement.
4. Identify each product by product name and other identifying symbols as set forth
in Contract Documents.
B. Product Data:
1. Include only those sheets which are pertinent to the specific product.
2. Note each sheet to:
a. Clearly identify specific product or part installed.
b. Clearly identify data applicable to installation.
C. Delete references to inapplicable information.
C. Drawings:
1. Supplement product data with drawings as necessary to clearly illustrate:
a. Relations of component parts of equipment and systems.
b. Control and flow diagrams.
2. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation. Do not use Record Documents as
maintenance drawings.
D. Written text as required to supplement product data for the particular installation:
1. Organize in consistent format under separate headings for different procedures.
2. Provide logical sequence of instruction for each procedure.
E. Copy of each warranty, bond and service contract issued indicating:
1. Proper procedures in the event of failure.
2. Instances which might affect validity of warranties or bonds.
F. Copy of Material Safety Data Sheets (MSDS) for each product or material.
1.04 MANUALS FOR PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS
A. Content for each unit of equipment and system as appropriate:
1. Description of unit and component parts.
2. Operating Procedures:
a. Start-up, break-in, routine and normal operating instructions.
b. Regulation, control, stopping, shutdown and emergency instructions.
C. Summer and winter operating instructions.
d. Special operating instructions.
3. Maintenance Procedures:
a. Routine operations.
b. Guide to "troubleshooting".
C. Disassembly, repair and reassembly.
d. Alignment, adjusting and checking.
4. Servicing and lubrication schedule, with list of lubricants required.
5. Manufacturers printed operating and maintenance instructions.
6. Description of sequence of operation by control manufacturer.
01730 - 2
0437.03
7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams
required for maintenance.
8. As -installed control diagrams by control manufacturer.
9. As -installed color -coded piping diagrams.
10. Charts of valve tag numbers with location and function of each valve.
11. List of original manufacturer's spare parts, manufacturer's current prices and
recommended quantities to be maintained in storage.
12. Other data as required under pertinent Sections of Specifications.
B. Content for each electric and electronic system as appropriate:
1. Description of system and component parts.
a. Function, normal operating characteristics and limiting conditions.
b. Engineering data and tests.
C. Complete nomenclature and commercial number of replaceable parts.
2. Circuit directories of panelboards.
a. Electrical service.
b. Controls.
C. Communications.
3. As -installed color -coded wiring diagrams.
4. Operating Procedures:
a. Routine and normal operating instructions.
b. Sequences required.
C. Special operating instructions.
5. Maintenance Procedures:
a. Routine operations.
b. Guide to "troubleshooting'.
C. Disassembly, repair and reassembly.
d. Adjustment and checking.
6. Manufacturers printed operating and maintenance instructions.
7. List of original manufacturer's spare parts, manufacturers current prices and
recommended quantities to be maintained in storage.
8. Other data as required under pertinent Sections of Specifications.
C. Prepare and include additional data when the need for such data becomes apparent during
instruction of Owner's personnel.
1.05 SUBMITTAL SCHEDULE
A. Submit specified number of copies of approved data in final form no later than fifteen (15)
days after final inspection or acceptance, but prior to applying for final payment.
B. Operating and maintenance manuals shall be submitted, reviewed and accepted by the
Owner prior to the Final Application for Payment being processed.
1.06 INSTRUCTION OF OWNER'S PERSONNEL
A. Prior to final inspection or acceptance, fully instruct Owners designated operating and
maintenance personnel in operation, adjustment and maintenance of products, equipment
and systems.
B. Operating and maintenance manual shall constitute the basis of instruction.
C. Review contents of manual with personnel in full detail to explain all aspects of operations
and maintenance.
END OF SECTION
01730 - 3
0437.03
No Text
SECTION 01740
WARRANTIES AND BONDS
PART GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall compile specified warranties and bonds and specified service and
maintenance contracts.
B. Review submittals to verify compliance with Contract Documents.
C. Submit to Architect for review and transmittal to Owner.
D. Related requirements specified elsewhere:
1. Instructions to Bidders: Bid or Proposal Bond.
2. Conditions of the Contract: Performance Bond and Labor and Material Payment
Bond.
3. Conditions of the Contract: General Warranty of Construction.
4. Section 01700, Contract Close -Out.
5. Section 01730, Operating and Maintenance Data.
6. Respective Sections of Specifications which specify the product.
1.02 SUBMITTAL REQUIREMENTS
A. General: Submit warranties, bonds and service and maintenance contracts as specified in
respective Sections of Specifications.
1. Unless otherwise indicated, all warranties shall be written in the Owner's name,
and shall be transferable to future Owner(s) for the duration of the warranty
period.
B. Assemble warranties, bonds and service and maintenance contracts, executed by each of
the respective manufacturers, suppliers and subcontractors, bound with operating and
maintenance data. Manuals are specified in Section 01730.
C. Number of original signed copies required: Three (3) each, or as required by number of
manuals specified in Section 01730.
D. Table of Contents: Neatly typed in orderly sequence. Provide complete information for
each item.
1. Product or work item.
2. Firm with name of principal, address and telephone number.
3. Scope of warranty, bond or service and maintenance contract.
4. Date of beginning of warranty, bond or service and maintenance contract.
5. Duration of warranty, bond or service and maintenance contract.
6. Provide information for Owner's personnel:
a. Proper procedure in case of failure.
b. Conditions which might affect the validity of warranty or bond.
7. Contractor, name of responsible principal, address and telephone number.
E. Format of Submittals:
1. Format: Prepare in duplicate packets.
2. Size: 8-1 /2" x I V punched sheets for standard three-ring binder. Fold larger
sheets to fit into binders.
01740 - 1
0437.03
AVER # [INGI-E
ARCHITECTS Al
P.C,
ADDENDUM NO. I
Nix Farm Loafing Sheds
1745 Hoffman Milt Rd.
Fort Collins CO 80524
Project No. 0437.03
Aller-Lingle Architects P.C.
712 Whalers Way
Suite B- 100
Fort Collins, Colorado 80525
(970) 2Z3-1820
March 24, 2005
To all proposed Bidders for the above -referenced project, the following changes are hereby made and
will become a part of the Contract Documents:
DRAWINGS
Sheet SDI - Refer to attached sketch 1 /Add 1 for revised dumpster access ramp width.
Sheet SDI Remove portion of existing wood fence, which consists of 6" diameter Wood posts with
three (3) 2x6 raits, and turn over materials to owner for storage. Refer to attached sketch Z/Addl for
location of existing fence to be removed.
Sheet SDI - Remove existing wood pole in between the proposed and existing loading sheds. Refer to
attached sketch 2/Add1 for approximate location of pole.
Sheet A3.1, Detail 51A3. 1. Replace three {31 existing 2x8 rafters that are damageddeteriorated at
the existing loafing shed roof with new rough sawn 2x8 rafters, in addition to sistering all rafters with
new rough -sawn 2x8 rafters,
ATTACHMENTS
1 /Add I - Revised Dumpster Pad/Ramp Plan
2/Addl Revised Site Ptan
END OF ADDENDUM
Receipt of this addendUrl) must be acknowledged with the bid,
7t2WtIAU1tS WAY lit UK;, 11, SO It I Oo - I ORT (_0HINS B0723
f1)70t '.'J�14QO pfiwj(r iV(I I 19) 51 faN . offit ve"al IV I -bligh"tooll - "V% wa] IV, vhrIg1r%4 mil
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
12/03 Section 00100 Page 8
1.03 SCHEDULE OF SUBMITTALS
A. Submit documents within twenty-five (25) days after inspection and acceptance for
equipment or component parts of equipment put into service during progress of
construction.
B. Otherwise make submittals within twenty-five (25) days after date of Substantial
Completion, prior to final request for payment.
C. For items of work where acceptance is delayed materially beyond date of Substantial
Completion, provide updated submittal within ten (10) days after acceptance, listing date
of acceptance as start of warranty period.
1.04 REQUIRED WARRANTIES AND BONDS
A. Bid or Proposal Bond: Refer to Instructions to Bidders.
B. Performance Bond: Refer to Conditions of the Contract.
C. Labor and Material Payment Bond: Refer to Conditions of the Contract.
D. General Warranty of Construction: Refer to Conditions of the Contract. Unless modified
elsewhere, General Contractor shall warrant all construction materials and workmanship
for a period of one (1) calendar year from the date of Substantial Completion.
E. Warranties: Provide required warranties for products, materials and equipment covering
defects in materials and workmanship for the time duration(s) specified in individual
Sections. Where no specific warranty is mentioned, provide warranty coverages normally
provided by the manufacturer for that product.
1. Unless otherwise indicated, all warranties shall be written in the Owner's name.
2. All warranties shall be transferable to future Owner(s) for the duration of the
warranty period.
F. Provide warranties and/or bonds for all products and services specified in the Drawings.
F. Optional Bond(s): The Contractor shall retain the right to require Performance and/or
Labor and Material Payment Bonds from any or all of his/her Subcontractors.
G. Maintenance Agreements: None required. However, all Contractors and Subcontractors
shall be required to make service calls as requested by the Owner throughout the one-year
general warranty period, at no additional expense to the Owner.
END OF SECTION
01740 - 2
0437.03
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: NIX FARM LOAFING SHED; BID NO. 5906
Place
Date
1. In compliance with your Invitation to Bid dated
and subject to all conditions thereof, the undersigned
a **(Corporation, Limited Liability Company,
Partnership, Joint Venture, 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
bond in the sum of ($
) 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:
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
7/96 Section 00300 Page 1
CONTRACTOR
ADDRESS:
8. BID SCHEDULE (Base Bid)
Lump Sum
Dollars ($ )
Alternate No. 1 Dollars ($ )
Furnish materials and labor to install dumpster access ramp including
compacted fill, cast -in -place concrete stem walls/slab and galvanized steel
guardrail as indicated on the drawings.
9. PRICES
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 (250) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Signature Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
7/96
Section 00300 Page 2
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
7/96 Section 00410 Page 1
SECTION 00410
KNOW ALL MEN BY THESE PRESENTS:
Surety, are
as OWNER, i
truly to be
assigns.
as Principal, and
hereby held and firmly
i the sum of $
bound unto the
for
made, we hereby jointly and severally
that we, the undersigned
as
City of Fort Collins, Colorado,
the payment of which, well and
bind ourselves, successors, and
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby
made a part hereof to enter into a Construction Agreement for the construction of
Fort Collins Project, NIX FARM LOAFING SHED; BID NO. 5906.
NOW THEREFORE,
(a) 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 as 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 business in the
State of Colorado and be accepted by the OWNER.
7/96 Section 00410 Page 2
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20_, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth
above.
PRINCIPAL
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
By:
Title:
SURETY
(SEAL)
7/96 Section 00410 Page 3
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:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have your ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
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 type of construction.
12.
List your major equipment
available for this
contract.
13.
Experience in construction
project:
Work similar in
importance to this
14.
Background and experience
including officers:
of the principal
members of your organization,
15.
16.
17.
Credit available: $
Bank reference:
Will you, upon request, fill out a detailed
any other information that may be
financial statement and furnish
required by the OWNER?
M
19
Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state?
class, license and numbers?
Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
and to whom?
What
20. Are any lawsuits pending against you or your firm at this time?
If yes,
DETAIL
7/96 Section 00420 Page 2
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
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 this day of , 20
Name of Bidder
By:
Title:
State of
County of
being duly sworn deposes and says that he is
of 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 day of
20 .
Notary Public
My commission expires
7/96 Section 00420 Page 3
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NIX FARM LOAFING SHEDS
CITY OF FORT COLLMS
FORT COLLW8j COLORADO
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 150 of the contract.
ITEM
SUBCONTRACTOR
7/96 Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510Notice of Award
00520Agreement
00530Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT: NIX FARM LOAFING SHED; BID NO. 5906
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
project has been considered. You are the apparent successful Bidder and have been
awarded an Agreement for NIX FARM LOAFING SHED; BID NO. 5906.
The Price of your Agreement is
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.
You must comply with the following conditions precedent within fifteen (15) days
of the date of this Notice of Award, that is by , 20
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.
M
City of Fort Collins
OWNER
Title
9/12/O1 Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the
year of 20_ and shall be effective on the date this AGREEMENT is signed by the
City.
The Citv of Fort Collins
(hereinafter called OWNER) and
(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 a new 2,400 sq. ft.
loafing shed, and rehabilitation of an existing 1,922 sq. ft. loafing shed. New
site work includes 6 inches of recycled asphalt in the equipment/material storage
yard. Alternate No. 1 (Add) is a new dumpster pad and access ramp.
ARTICLE 2. ENGINEER
The Project has been designed by Aller-Lingle, 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 120 calendar 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 within 127 calendar days after the date when the
Contract Times commence to run.
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:
9/12/01 Section 00520 Page 1
Five Hundred Dollars ($500.00) for each calendar day or fraction
thereof that expires after the one hundred twenty (120) calendar day
period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Fifty Dollars ($150.00) for
each calendar day or fraction thereof that expires after the seven (7)
calendar day period for Final Payment and Acceptance until the Work is
ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance
with the Contract Documents in current funds as follows: ($ )
Dollars, 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. 900 of the value of Work completed until the Work has been
509 completed as determined by ENGINEER, when the retainage equals 50 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`0 of the Work completed. 900 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,
9/12/01 Section 00520 Page 2
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.
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.
9/12/01 Section 00520 Page 3
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
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
7.2.3Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets as follows:
Cl-Grading, drainage, & erosion control plan
SDI -Site Plan & Site Details
A1.1- Proposed loafing shed floor & roof plans
A1.2-Existing loafing shed floor & roof plans
A2.1-Proposed bldg. elevations
A2.2-Existing bldg. elevations
A3.1-Building sections
A4.1-Wall sections & details
Sl-Existing shed foundations plan
S2-Proposed shed framing plan
S3-Details
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , 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
9/12/01 Section 00520 Page 4
General Conditions.
ARTICLE 8. 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/O1 Section 00520 Page 5
OWNER: CITY OF FORT COLLINS
016
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
9/12/01
CONTRACTOR:
By:
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices:
LICENSE NO.:
Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work: NIX FARM LOAFING SHED; BID NO. 5906
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
No Text
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630Certificate of Insurance
00635Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto 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 United States, 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 the Principal entered
into a certain Agreement with the OWNER, dated the day of ,
20, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, NIX FARM LOAFING SHED; BID NO.
5906.
NOW, THEREFORE, if the Principal shall 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 which 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 to 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.
7/96 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
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, 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 CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
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) counterparts, each
one of which shall be deemed an original, this day of
20
IN PRESENCE OF:
Principal
(Title)
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
-- By:
By:
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto 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 United States, 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 the Principal
into a certain Agreement with the OWNER, dated the day of
20 a copy of which is hereto attached and made a part hereof
performance of The City of Fort Collins project, NIX FARM LOAFING SHED;
5906.
entered
for the
BID NO.
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 premiums 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.
7/96 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
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, 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 CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
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) counterparts, each
one of which shall be deemed an original, this day of
20
IN PRESENCE OF: Principal
M
(Corporate Seal)
(Title)
(Address)
IN PRESENCE OF: Other Partners
IN PRESENCE OF: Surety
M�
By:
(Surety Seal)
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
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:
NIX FARM LOAFING SHED; BID NO. 5906
PROJECT OR SPECIFIED PART SHALL LOCATION
INCLUDE:
OWNER:
CONTRACTOR:
Fort Collins, Colorado
City of Fort Collins
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.
By:
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
REMARKS:
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
, 20
You are hereby notified that on the _ day of 20, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project,
NIX FARM LOAFING SHED; BID NO. 5906.
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: NIX FARM LOAFING SHED; BID NO. 5906
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:
day of
20
Notary Public
7/96 Section 00650 Page 2
ATTENDANCE RECORD
PRE CONFERENCE
Project: Bid #5906 NIX FARM LOAFING SHED
Time: 11:OOA.M.
Date: MARCH 22, 2005
Location: 1745 HOFFMAN MILL ROAD
NAME
FIRM NAME
ADDRESS
TELEPHONE
FAX #
E-MAIL ADDRESS
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SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorad
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: NIX FARM LOAFING SHED; BID NO. 5906
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)
M
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
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 ..............................................
2.1
Delivery of Bonds
3
1.2
Agreement,,,,,,,,,,,,,,*......_...................
1
2.2
Copies of Documents......................
3
1.3
Application for Payment,,,,,,
...........
2.3
Commencement of Contract
1.4
Asbestos ............................. . ..............
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 ..........................1
CONTRACTOR's Responsibility
1.8
Bonds,,,,,,,,,,,,,,,,,
to Report; Preliminary Schediles;
1.9
Change Order ........ ......... ...........1
Delivery of Certificates of
1.10
Contract Documents .............................I
Insurance ..,,,,,,,,.........................
3-4
1.11
Contract Price ........ ......... ...........1
2.8
Preconstruction Conference
4
1.12
Contract Times....................................1
2.9
...............
Initially Acceptable Schedules.
1.13
CONTRACTOR
,,,,,,,.,.4
1.14
defective.............................................1
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings.......... .................................
.
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 ....................... I ..................
I
Reporting and Resolving Dis-
1.20
General Requirements ..........................
2
crepancies.................................4-5
1.21
Hazardous Waste................................2
3.4
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives.....................................5
Regulations......................................2
3.5
Amending Contract 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
..
1.25
Notice of Award2
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 ,,,,,,,,....,,,,,,,,,$-6
1.30
Petroleum...........................................2
4.2
Subsurface and Physical
1.31
Project................................................2
Conditions ...............................
6
1.32.a
Radioactive Material ...........................2
4.2.1
Reports and Drawings
6
1.32.b
Regular Working Hours........................
4.2.2
.......................
Limited Reliance by CONTRAC-
1.33
Resident Project Representative .............
2
TOR Authorized; Technical
1.34
Samples..............................................2
Data.............................................6
1.35
Shop Drawings...................................2
4.2.3
Notice of Differing Subsurface
1.36
Specifications ....................................
2
or Physical Conditions
6
1.37
Subcontractor ....................................
2
4.2.4
....................
ENGINEER's Review,,,.,......,,,,,.......6
1.38
Substantial Completion.........................
4.2.5
Possible Contract Documents
1.39
Supplementary Conditions,,,,,,,,,,,,,,,,,,
2
Change............................
6
1.40
Supplier,,,,,,,,,,,,,,,,, ..........2
4.2.6
...........
Possible Price and Times
1.41
Underground Facilities......... I ............
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 ......... ..........
4.3.2
Not Shown or Indicated .....................
7
4.4
Reference Points,,,,,,,,,,,,,,,,,,,,,,,,,,,
, 7
E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
g
Number & Title
Number
Number &
Title
Number
4.5
Asbestos, PCBs, Petroleum,
6.25
Submittal Proceedures; CON -
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material....................7-8
to Shop Drawing or Sample
Submittal....................................16
5. BONDS AND INSURANCE *........** ......................
8
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
OWNER's Liability Insurance ..............
9
Submittals .................................
17
5.6
Property Insurance ..........................9-10
6.29
Continuing the Work....,,,,,,,,,,17
„
5.7
Boiler and Machinery or Addi-
6.30
CONTRACTOR'S General
tional Property Insurance ...,........
*..... 10
Warranty and Guarantee...............17
5.8
Notice of Cancellation Pro�ision.........
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 Inslr-
8. OWNER'S
RESPONSIBILITIES ...... . ...............J8
ance; Option to Replace...................11
8.1
Communications to CON-
5.15
Partial Utilization --Property
TRACTOR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
„ 18
Insurance ..... I..................................11
8.2
Replacement of ENGINEER ............
18
8.3
Furnish Data andPay Promptly
6. CONTRACTOR'S RESPONSIBILITIES ...............11
When Due,.,,,,,,,,,,,......,,,,,,,,,,.,,..
l8
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 Orders.......... I....................19
CONTRACTOR's Expense;
8.7
Inspections, Tests and
Substitute Construction
Approvals...................................19
Methods or Procedures;
8.8
Stop or Suspend Work;
ENGINEER's Evaluation.............12-13
Terminate CONTRACTOR's
6.8-6.11
Concerning Subcontractors,
Services......................................19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights .........................13-14
Responsibilities,,,,,,*.....,
6.12
Patent Fees and Royalties ...................
14
8.10
.............19
Asbestos, PCBs, Petroleum,
6.13
Permits.............................................14
Hazardous Waste or
6.14
Laws and Regulations ........................14
Radioactive Material
19
6.15
Taxes ........................................
.14-15
8.11
Evidence ofFinancal
6.16
Use of Premises...* .............................15
Arrangements............
6.17
Site Cleanliness...
15
I.................19
6.18
Safe Structural Loading...................15
„
9. ENGINEER'S STATUS DURING
6.19
Record Documents ...*............ *............15
CONSTRUCTION19
6.20
Safety and Protection ....................
15-16
9.1
OWNER's 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........... .,......,,,,.,,....__....,,...21
9.5
Authorized Variations in %rk
21
O1 E.ICDC 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._,, .....
_....
9.7-9.9
Shop Drawings, Change Orders
and Payments....................................21
9.10
Determinatims for Unit Prices,,,,,,
21-22
9.11-9.12
Decisions on Disputes; ENGI-
NEER as Initial Interpreter..............22
9.13
Limitations on ENGINEER's
Authority and Responsibilities,,,,
22-23
CHANGES IN
THE WORK
23
10.1
OWNER's Ordered Change„..............23
10.2
Claim for Adjustment ........................23
10.3
Work Not Required by Contract
Documents .....................................
23
10.4
Change Orders..,,,,,,.. I.......................23
10.5
Notification of Surety,,,,,,,,,,,,,,,,,,,,,,,,
23
CHANGE OF CONTRACT PRICE .............................23
11.1-11.3
Contract Price; Claim for
Adjustment; Value of
the Work...................................23-24
11.4
Cost of the Work .............................
24-25
11.5
Exclusions to Cost of the Work
25
11.6
CONTRACTOR'S Fee..........................
25
11.7
Cost Records .................................
25-26
11.8
Cash Allowances .................... I ..........
26
11.9
Unit Price Work..............................„26
CHANGE OF
CONTRACT TIMES ............................26
12.1
Claim for Adjustment ........................
26
12.2
Time of the Essence ..........................26
12.3
Delays Beyond CONTRACTOR's
Control .......................................
26-27
12.4
Delays Beyond OWNER'S and
CONTRACTOR's Control .................
27
TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK..................................................27
13.1
Notice of Defects...............................27
13.2
Access to the Work ............ ...............27
13.3
Tests and Inspections;
CONTRACTOR's Cooperation,,,,....,
27
13.4
OWNER's Responsibilities;
Independent Testing Laboratory,,,,,..
27
13.5
CONTRACTOR's
Responsibilities...............................27
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval.................27
iv
13.8-13.9 Uncovering Work at ENGI-
NEER's Request .....................27-28
13.10
OWNER May Stop the Work ...........
28
13.11
Correction or Removal of
Defective Work ...........................28
13.12
Correction Period ...........................28
13.13
Acceptance ofDefective Work .........
28
13.14
OWNER May Correct Defective
Work .....................................
28-29
14. PAYMENTS TO CONTRACTOR AND
COMPLETION .................................................
29
14.1
Schedule of Values .........................29
14.2
Application for Progress
Payment .............. .. .....................
29
14.3
CONTRACTOR's Warranty of
Title ...........................................
29
14.4-14.7
Review of Applications for
Progress Payments,,,,,,,,,,,,,,,,,,
29-30
14.8-14.9
Substantial Completion,,,,,,,,,,,,,,,,,,
30
14,10
Partial Utilization ......................30-31
14.11
FinalInspection ............................31
14.12
Final Application for Payment ........
31
14.13-14.14
Final Payment and Acceptance .......
31
14.15
Waiver of Claims
31-32
15. SUSPENSION OF WORK AND
TERMINATION ...............................................
32
15.1 OWNER May Suspend Work„.....,
32
15.2-15.4 OWNER May Terminate,,,,,,,,,,,,,,,,
32
15.5 CONTRACTOR May Stop
Work or Terminate
32-33
16. DISPUTE RESOLUTION33
17. MISCELLANEOUS.........................................„33
17.1
Giving Notice................................33
17.2
Computation of Times....................33
17.3
Notice of Claim ...............................
33
17.4
Cumulative Remedies
33
17.5
Professional Fees and Court
Costs Included ............................33
17.6
Applicable State Laws,,,,,,,,,,,,,,,
33-34
Intentionally left blank.......................................35
EXHIBIT GC -A:
(Optional)
Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,,
GC -AI
16.1-16.6
Arbitration.............................GC-AI
16.7
Mediation ........................ .......
GC -AI
E.ICDC 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............................j0.4.1, 13.5, 13.13
final payment.........................................9.12, 14.15
insurance......................................................... 5.14
other Work, by CONTRACTOR ..........................7.3
Substitutes and "Or -Equal" Items ......................6.7.1
Work by OWNER ..................... .....2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities .............. 4.1
site, related Work .............................................. 7.2
Work...........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR...................................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER..................... ... ........................... 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, policy form...........................5.6.2
Allowances, Cash ................................................... 11.8
Amending Contract Documents. 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
.......................... 6.8.2, 6.19, 10.1, 10.4, 11.2
.................................... 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..................................................14.4-14.7
Arbitration 16.1-16.6
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work..........4.5.2
definition of ...................................................... ..1.4
Article or Paragraph
Number
OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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
definitionof .............................. ...................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,
........................................
9.13, 10.5, 14.7.6
Performance, Payment and Other ............
.....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....................................................11.8
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,
..........I............5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ............................................
.11.8
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.........................................1
1.6
Cost of the Work
general ...............................................
11.4-11.7
Exclusions to...............................................11.5
Cost Records.....................................................
11.7
in general.............M9, 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 ofDefective Work, *.........*............13.13
Amending Contract Documents ..........................3.5
Cash Allowances.............................
1 .......... 1.8
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 .......................................................
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.............................15.2-15.4
OWNER's Responsibility ............................
8.6, 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...............................................11.9
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
vi
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 .............................................
6 7.1.2
Time Extension ...............
12.1
Time requirements....................................9.11,
12.1
Unit Price Work ..............................................
11.9.3
Value of .............................. ...............................
11.3
Waiver of --on Final Payment .................
j4.14, 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
CleanSite............................................................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 .....................
6.22
Completion --
Final Application for Payment .........................14.12
Final Inspection „............. ............................
14.1 1
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization............................................i4.10
Substantial Completion ......................1.38,
14.8-14.9
Waiver of Claims .............................
...........14.15
Computation of Times ............... .......... I ......
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 9199)
Cash Allowances..........................................„.,11.8
Article or Paragraph
Number
Change of Contract Price ....................................
11
Change of Contract Times ...................................
12
Changes in the Work.................................10.4-10.5
check and verify .......... ......... ....................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 OWNER's representative..............9.1
general3
Insurance ..............................
Intent ........ ................................................
3.1-3.4
minor variations in the Work .............................
3.6
OWNER's responsibility to furnish dat4...............8.3
OWNER's responsibility to make
prompt payment ......................... 8.3, 14.4,
14.13
precedence .................
3.1, 3.3.3
Record Documents .........................*, ,,,,.........
..,6.19
Reference to Standards and Specifications
of Technical Societies ...................................
3.3
Related Work ..............
Reporting and Resolving Discrepancies.....,,,
2.5, 3.3
Reuseof ......... ... ................................................
3.7
Supplementing .............................. .....................
3.6
Termination of ENGINEER'S Employment
.......... 8.2
Unit Price Work................................................11.9
variations,,,,,,,,,,,,,,,,,,,,,,,,,,,,,*.........., 3.6,
6.23, 6.27
Visits to Site, ENGINEER's ...............................
9.2
Contract Price --
adjustment of ............... 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof..........................................................11
Decision on Disputes........................................9.11
definition of ...............
Contract Times --
adjustment of,,,,,,,,,,,,,,,,,,,,,,,,, 3.5, 4.1, 9.4, 10.3, 12
Change of .... ............. ........ ................. .......
12.1-12.4
Commencement of ...... ..................„.,....,.........
,2.3
definition of
.................................
1.12
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
Limited Reliance on Technical
Data Authorized.........................................4.2.2
May 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 Submittal........................................6.25
vu
Stop Work requirements,,,,,,,,,... I.....................4.5.2
CONTRACTOR's—
Article or Paragraph
Number
Compensation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I
1.1-11.2
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.....................................................0.23
Equipment and Machinery Rental, Cost
of the Work...........................................11.4.5.3
Fee --Cost Plus..........................11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee .......................6.30
Hazard Communication Programs ......................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
the Work .............. ......................................6.30
Patent Fees and Royalties, paid for by.................6.12
Performance and Other Bonds
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule ...........................2.6, 2.8,
2.9, 6.6,
........................................ 6.29, 10.4,
15.2.1
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities --
Changes in the Work..................................10.1
Concerning Subcontractors, Suppliers
and Others......................................6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR's expense ......... .....
*... 6.7.1
CONTRACTOR's General Warranty
and Guarantee, ,,, ,,,,,,,,,,,,,,,6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal.................6.25
Coordination of Work .................................
6.9.2
Emergencies ................ ...............................
6.23
ENGINEER's 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........................................0, 7.2,
7.3, 8.9
Hazardous Communication Programs,,,,,.,,..
6.22
Indemnification ............ ....... ................6.31-6.33
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w,/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
MARCH 25, 2005
CITY OF FORT COLLINS
PLANHOLDERS LIST FOR
BID #5906
NIX FARM LOAFING SHED
STORMY PEAKS CONSTRUCTION
246 STORMY PEAKS DR.
BELLVUE, CO 80512
PH 970-221-9244
FAX 970-498-9477
KNUTH CONSTRUCTION
421 S. PIERCE AVE.
LOUISVILLE, CO 80027
PH 303-423-2177
FAX 303-423-3031
G. L. HOFF
P.O. BOX 7448
LOVELAND, CO 80537-1448
PH 970-669-3255
FAX 970-663-1566
COTTIER CONSTRUCTION
P.O. BOX 1051
FT. COLLINS, CO 80522
PH 221-4621
FAX 221-4656
Labor, Materials and Equipment..............0.3-6.5
Laws and Regulations..................................6.14
Liability Insurance ......... ......... ........ 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents6.27 ...........................................
Patent Fees and Royalties.............................6.12
Permits.....................................
....... ............13
0
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 .........
...... 6.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness .................................
6.17
Submittal Procedures6.25
Substitute Construction Methods
and Procedures, ....................................
6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence...........................................6.2
Supervision....... ....................6.1
........................
Survival of Obligations................................6.34
Taxes................................. ..........6.15
..............
Tests and Inspections...................................13.5
ToReport ............. ......... .........
.........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 .......................4.2.3
Substantial Completion......, .........................
14.8
vin
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................................16.30,
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 l L7
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 .................... I ................
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 ............... I
............ 1.1.4.3
Recordsll.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 ................11.4.5.2
Special Consultants, CONTRACTOR's............11.4.4
Supplemental.................................................11.4.5
Taxes related to the Work............................1.1.4.5.4
Tests and Inspection.........................................13.4
Trade Discounts ...... ......................................
. 11.4.2
Utilities, fuel and sanitary facilities..............
11.4.5.7
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...........................................1.14
defective Work --
Acceptance of .................................. .
.10.4.1, 13.13
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 Period13.12
.............
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................................................................
I
Delays .................... 4.1, 6.29, 12.3-12.4
Delivery of Bonds .......................2.1
..............................
Delivery of certificates of insurance ............................7.7
Prices
Determinations for Unit ..
................................
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
..............................
generall6
Mediation........................................................16.6
Dispute Resolution Agreement .........................
1,6.1-16.6
Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,, ...................
Documents --
Copiesof...........................................................2.2
Record 6.19
Reuseof ............................. ............................
... 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
ENGINEER's Consultant -- definition of,,,,,,,,,,,,,,,,,
1.18
ENGINEER's--
authority and responsibility, limitations on,,,....
9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility for9.7,
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
ix
OWNER's 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 on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions ,,,,,,,,,,,,,,,,,,,*,,,,,,...4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
j6.26
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 Price9.10
ENGINEER as Initial Interpreter ..........
9.11-9.12
ENGINEER's Responsibilities .........
.....9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities..............................9.13
OWNER's Representative..............................9.1
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 determinations9.10
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 .......................8.11
Explorations of physical conditions .......................
4.2.1
Fee, CONTRACTOR's--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 allovances .............................
11.8
General Provisions.................................„.,,,,,.17.3-17.4
General Requirements --
definition of.....................................................1.20
principal references to, ...........12.6, 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
OWNER's responsibility for...............................8.10
E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FOR"r 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 byENGINEER,,,,,,,,,,,,,,,,,*.... ,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............................I........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 ........
I .... 5.14
Contractual Liability......................................5A.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
OWNER'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 .............................. ............
.....8A
Laws and Regulations --Laws or Regulations--
Bonds... ... ..............................................
....5.1-5.2
Changes in the Work........................................10.4
Contract Documents...........................................3.1
CONTRACTOR's Responsibilities .....................6.14
Correction Period,defective Work....................13.12
Cost of the Work, taxes ............ .............
11.4.5.4
definition of.....................................................1.22
general6.14
Indemnification ........................................
6.31-6.33
Insurance...........................................................5.3
Precedence ...............................................
3.1, 3.3.3
Reference to....................................................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
Visits to 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,,,,,,,, ...................
1.4.12
definition of.....................................................1.23
Waiver of Claims ............................................
J4.15
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 ...................................................
3.3.3.1
Reference to in Contract Documents ..................3.3.1
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,,,,,,,,,.,
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 ......... ......... .............
j.25
Claim.. .. ... ....................................................17.3
Defects,l3.l
Differing Subsurface or Physical Conditions
Giving...........................................................1.7.1
Tests and Inspections ......................... ..... .......... 13.3 6 Variation, Shop Drawing and Sample ..............27
Notice to Proceed --
definition of ..................................................... 1.26
givingof ........................................................... 2.3
E.ICDC 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 ...........................50.2
Option to Replace ...................................................
5.14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
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 ..............
May Suspend Work,
Terminate ...........................8.8, 13.10,
15.1-15.4
Payment, make prompt.....................8.3, 14.4,
14.13
performance of other work..................................7.1
permits and licenses, requirements...................6.13
purchased insurance requirements ..............
5.6-5.10
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............................9.11
Inspections, tests and approvals..................8.7,
13.4
Liability Insurance..............................................5.5
Notice of Defects ...............................................
13.1
Representative --During Construction,
ENGINEER'S Status ......................................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders..............................................
8.6
Changes in the Work...................................10.1
communications............................................8.1
CONTRACTOR's responsibilities ...................
8.9
evidence of financial arrangements8.11
inspections, tests and approvals.... I................8.7
insurance......................................................8.5
lands and easements......................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ............................8.2
reports and tests............................................8.4
stop or suspend Work .................. 8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site .............................
9.3
Xi
testing, independent.........................................13.4
use or occupancy
of the Wotk...... ................... 5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (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 ...................................................
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............................................................6.13
Petroleum --
definition of .....................1.30
.................................
general..............................................................4.5
OWNER's responsibility for...............................8.10
Physical Conditions --
Drawings of, in or relating to ........................
4.2.1.2
ENGINEER's review
existing structures............................................4.2.2
general4.2.1.2..........................................................
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. ..
...............................................
4.2
....
Subsurface Conditions ....................................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......................
4.2.2
Underground Facilities --
generaI ........................................................
4.3
Not Shown or Indicaed ................................
4.3.2
Protection of ........................................
4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated ................................................
4.3.1
Technical Data...............................................4.2.2
Preconstruction Conference
........................................
2.8
Preliminary Matters.....................................................2
Preliminary Schedules ..............................................
2.6
Premises, Use of .............................................
6.16-6.18
Price, Change of Contract . .................... ....................
I I
Price, Contract --definition of ..................................
1.11
Progress Payment, Applications for ..........................14.2
Progress Payment--retainage................. I.................
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.....................................................1.32
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 ..........................7.8
Reference Points ............ ..... . ... .. ................................4.4
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and (or),
......6.14
Rejecting Defective Work..........................................9.6
Related Work --
atSite ............... .. .......................................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...
I................8.2
Reporting and Resolving
Discrepancies.................................2.5,
3.3.2, 6.14.2
Reports --
andDrawings.................................................4.2.1
and Tests, OWNER's responsibility .....................8.4
Resident and Project Representative --
definition of ...............................
1.33
provision for............................................................ 9.3
FJCDC GENFRAL CONDITIONS 1910-8 (1990 EDITION)
w,/ CITY OF FORT COLLINS MODIFICATIONS (REV 9./99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'$ ............... 6.2
Responsibilities—
CONTRACTOR's-in general... 6
ENGINEER's-in general........................................9
Limitations on...................................*"
,.,,.,,9.13
OWNER's-in general ..............................
................ 8
Retainage............................................................1.4.2
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
Rights of Way..........................................................4.1
Royalties, Patent Fees and,,,,,,,,,,,,,,,,,,,,,,,,,,
,, ,,,,,,,,,, 6.12
Safe Structural Loading .................... .......................
6.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
......... ......... .........6.20-6.21,
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.........................................6.25
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 .... ' .........................2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................
E
. .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
nwi
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 ..... ... .....................................
.........2.4
Stop or Suspend Work--
by CONTRACTOR...........................................15.5
by OWNER ..................................... 8.8, 13.10,
15.1
Storage of materials and equipment .....................4.1,
7.2
Structural Loading, Safety........................................6.18
Subcontractor--
Concerning................................................6.8-6.11
definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ......................
1.37
delays.............................................................12.3
waiver of rights................................................0.11
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.......................................................6.25
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............................6.7.1.3
ENGINEER's Evaluation.................................6.7.3
"Or -Equal .....................................................
6.7.1.1
Substitute Construction Methods
1i.ICDC 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 relatig 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 ............ ......... .........
..... 4.2
Subsurface Conditions at the Site ..............4.2.1.1
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.................................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
or Terminate ...............................................
15.5
OWNER May Suspend Work.............................1.5.1
OWNER May Terminate ............................
1.5.2-15.4
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
xiv
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 .......
..............j3.4
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.......................... .........
...........1.7.2.2
Milestones ...........................................................
12
Requirements--
appeals.................................................9.10,
16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times,,,,,,,,,,,,,,,,
2.3
Preconstruction Conference ............................8
2
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....................................................1.41
Not Shown or 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
generalll.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for9.10
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
EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION)
w/ CITY OI' 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..........................................................1.3.2
byothers...............................................................
7
Changesin the....................................................10
Continuing the..................................................6.29
CONTRACTOR May Stop Work
or Terminate...............................................15.5
Coordination of ....................................................
7.4
Cost of the.................................................11.4-11.5
definition of
1.43
neglected by CONTRACTOR ...................
........1.3.14
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.............................15.5
Stopping by OWNER ................................
15.1-15.4
Variation and deviation authorized,
minor ........... 3.6
Work Change Directive --
claims pursuant to.............................................10.2
definition of......................................................t.44
principal references to ......................
3.5.3, 10.1-10.2
Written Amendment --
definition of
........................................................
1.45
principal references to..............1.10, 3.5, 5.10,15.12,
.........................6.6.2, 6.8.2,
6.19, 10.1, 10.4,
............................11.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations....:"*...........................3.6.31
9.4, 9.11
Written Notice Required --
by CONTRACTOR............................7.1,
9.10-9.11,
...........................................
10.4, 11.2, 12.1
by OWNER .................... 9.10-9.11,
10.4, 11.2, 13.14
xv E.ICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
XV' 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. Bondr--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
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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.
SPECIFICATIONS
CONTRACT DOCUMENTS
FOR
NIX FARM LOAFING SHED
BID NO. 5906
BID OPENING:
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
MARCH 31, 2005 - 3:00 P.M. (OUR CLOCK)
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. Leral 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
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Reetdar 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
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
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
furnishing 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 furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times, Notice to Proceed:
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. in no • '" the Gentraet Times
eaw-nenee to Fdn latef than the siNgeth day after the day
f Bid epeni g [, tW ft eth a,... a w car • n
.. x...uxx[b-oi u[r-[mx[ic[rrooTvrwx-nxccaccsxvc-v[sxc
E)f the Agreement; A,Wehe-,,er 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 r"�n shall each deliver to 4w
ether OWNER with copies to eaeh additional-va
in the SupplementaFy Gendition ENGINEER,
certificates of insurance (and other evidence of insurance
reasenably request requested by OWNER) which
CONTRACTOR and OWNER respeetively afe is required
to purchase and maintain in accordance with
paragraphs 5 ^, `� 6 and-5.7.
Preeonstruction 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, at ten days hef _o ,..J....issien of r first
A--"eatien ` - Payffieft before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as epprepriate 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 1 - 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).
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
famishing 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.
iteeer,danee with applieable Laws and Regulations.
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 11 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.Z Subsurface and Physical Conditions:
4.2.L 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, promptly 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
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
commitment; 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, prempNy
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
E.ICDC 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.
.. ..
' - ..
a
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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
Government 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. ^l„1F.11
pfwagizaphs 5.6 and, c
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 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
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;
E1CDC 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 famished 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:
n, M �. . . M-1
e of theft,
«.
vandalism.. seh:ef
and mafieies
f
debris
—eall
eafthquakef
apsef reffieval,demalit:e «
ed by
eeeasie«
enree«.ent ofa andDegulat:e«s
f r
water daffiage,
and sueh other perils as may b
• •�.P • _ _
!. I .
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the \ile..k to th.. e.,tent of any ded et:hle a s that e
fe
identified in the —Supplementat--Conditions. The risk —of
!ass ...:th:m sueh identified deduetible amount, will he borne
stieh lees and :f e of ♦he... . she ..
eeyefage w within the 1.« :7ts ,.f el. «ts eh
pu eh.. and .... «tea« : at the ehe �
y e e
�� E.ICDC GENERAL CONDITIONS 1910-8(1990 Edition)
w(C(TY OF FORT COLLINS MODIFICATIONS (REV 4i2o00)
• . I. I
- • , 1_ I
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 _..quiFed in writing b
interest 01ANER as fidueiaFy „hall giN,e bond iW u
Pfepff
PeFfOFFAftHee ,.c.. eh a.
Acceptance of Bonds and Insurance, Option to Replace:
5.14. If either paFty (03AWER of CONTRACTOR)
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 ather 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 reeei34 delivery of the certificates (or other evidenee
requested) to OWNER as required by paragraph 2.7.
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 CONDII IONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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
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 - 00300-2
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 - 00800-3
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall fumish 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 Mana eg ment
Division or the Citv 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
inn 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
12 E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
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 fi-om
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 furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
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 fumish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
E.ICDC GENERAL CONDI I IONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
69.
CONTRACTOR shall perfortri 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 pple, emit -, Ceiidi6en Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in ad• a_ee of the .._eei fiea
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—afA—;€
! ONT-D n GTO has w a a list a i
aeear,danee with the Supprenientai.,, Gana:.:__,.
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
will be issued or NklfitteH Amendment 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 "Applications for Payment"
13
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
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. Alhene f- ft~.. s eh agreement
_ a_ar�r�e�.�N�r�.�i-rr•+ar.�.Rnenrre�r.�!f�rr� -
���.
-
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 harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infi-ingement 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.
14 E,ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
CONTRACTOR must apply for, and receive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the project. This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid, Sales and Use Taxes on those building and
construction materials physically incorporated into
the proiect.
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:
E.ICDC 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 in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 FICDC GENERAL CONDITIONS 1910-8(1990 Edition)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
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
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's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(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 performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
FICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
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 ageinsE
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 OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
WAS
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
IJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORSCOLLINS 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 fumish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and in the Supplementaf�
Eenditiens 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 SupplementaFy Gandition paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subject to the following:
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
preconstrnction 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, working principally
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 inforntation, 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, Resection 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.
9.3.2.4.2. Report to the ENGINEER
whenever the Representative believes that the
Work is unsatisfactory, faulty or defective or
does not conform to the Contract Documents
or has been damaged, or does not meet the
requirements of any inspections, tests or
approvals required to be made; and advise the
ENGINEER when he believes work should be
corrected or reiected or should be uncovered
for observation, or requires special testing,
inspection or approval.
9.3.2.4.3. Accompany visiting inspectors
representing public or other agencies having
jurisdiction over the Project, record the results
of these insnections 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
E.ICDCGENERALCONDITIONS 1910-9(1990 Edition) 20
w/ CITY OF FORTCOLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.7.1. Maintain at the Representative's
office orderly files concerning
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions
or original Contract Documents including all
Work Directive Changes, Addenda, Change
orders, Field Orders, additional drawings
issued subsequent to the execution of the
Agreement, ENGINEER'S clarifications and
interpretations of the Contract Documents,
progress reports and other proiect
documents.
9.3.2.7.2. Keep a diary, daily
report form, or log book, recording hours on
the iob site, weather conditions, data relative
to questions of work directive changes.
Change Orders, or changed conditions, list
of job site visitors, daily activities, decisions,
observations in general and specific
observations in more detail as in the case of
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 maior tests,
infections or start of jmvortant 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 inspection 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 shalt
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.
Clardflcations and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 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 ENGINEER's 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 ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
SECTION 00020
INVITATION TO BID
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 formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other 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 party'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 ENG[NEER'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
22 EICDC GENERAL CONDI-I"IONS 1910-8 (1990 Edibm)
w/ CI"rY 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 .
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 furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
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 fi-om 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
E.ICDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
(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.
Written Agreement are not valid.
ARTICLE I1—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
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall iftelbide, but fiet be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health efid fetiFemen benefits
applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns fi-om sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
24 EJCDC GENERAL CONDFI IONS 1910-8(1990 Edition)
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's fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 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:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's 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).
EXEC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 CONTRACTORS 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 fee of five _ o of the . .nt paid to
the nemlower tier Subeent-aeta= 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 CONTRACTOR's 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 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in forth 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 frtmished 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;
26 EXEC GENERAL CONDITIONS 1910-8 (1990 Edition)
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
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
i:easenable 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
E..R'DC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals 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 CONTRACTOR's 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 Conti -act Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR 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 ere year 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
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28
w/ CITY OF FORMCOLLINS MODIFICATIONS (REV 4/2000)
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:
14.1. 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. Any funds that are withheld by the OWNER
shall not be subiect 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 seq.
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 Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICA"FIONS (REV 4,12000)
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 tumish 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
29
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
30 F.ICDCG EN ERAL CONDITIONS 1910-9(1990 Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
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.LOWNER 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 OWNERSs
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
E.ICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of 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 Proiect manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final 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 subiect 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:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
31