HomeMy WebLinkAbout130163 EMPIRE CARPENTRY - CONTRACT - BID - 5942 LEE MARTINEZ FARM ADDITIONSPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Lee Martinez Farm Addition
BID NO. 5942
of tort
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
November 1, 2005 - 3:00 P.M. (OUR CLOCK)
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8,
1990 ed.) have the meanings assigned to them in the General Conditions.
The term "Bidder" means one who submits a Bid to OWNER, as distinct from
a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder"
means the lowest, qualified, responsible and responsive Bidder to whom
OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the
proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding
Documents may be examined at the locations identified in the Invitation
to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use. .
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous
experience, previous commitments and evidence of authority to conduct
business in the jurisdiction where the Project is located. Each Bid must
contain evidence of Bidder's qualification to do business in the state
where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be
prepared on the form provided in Section 00420.
12/03 Section 00100 Page 1
les', ltsibility set li»9t in this paragraph 9,13 shall also
apply to EN(:;1NEfiR.s Consultants. Resident project
Rcpreuntative and assist.•mts.
ARTI(:I,N: 10--CHANC:NS IN THE AVORK
11) 1 Without invaluLum_ the .lrecment and without
notice to any surety. CAV\ ER may, at am- time or liom
time to time, order additions, deletions or recisions in the
Work. Such additions, deletions or recisions will he
authorized by a Written Amendment a Change ( )rdar. or a
Work Change Directive. Upon receipt of any such
document. C ONI'RAt"FOR shall promptly proceed with
the Work involved which will be performed urnfcr the
applicable conditions of the Contract Documents (crept as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are enable to
agree as to the extent, if tiny, of An adjustment in the
Contract Aice or an adjustment of the Contract Times that
should he allowed as a result of a Work Change Directive,
a claim may be made therelbr as provided in Article I 1 or
Article 12
10.3 CONTRACTOR shall not be entitled turn increase
in the Contract Price or an extension of the Contract Thies
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 cracigency as provided in pxtragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9
10.4- OWNTER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGIN1ER
(or Written Amendments) covering:
10A.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 (W)agreed to by the parties'.
10.4.2 changes in the Contract Price or Contract
T im es which are agreed to by the parties; and
10.43, changes in the Contract Price or Contract
Times which embody the substance of any written
decision rerxlered by ENGINEER pursuant to
Inragaph 9.11,
provided that, in lieu or executing any such Change Order,
an appeal may be taken from any such decision in
accordance withthe provisions of the Contract liccuments
and applicable Laws and Regulations, but during any such
appeal. CONTRACTOR shall rnrrryry on the Work curd
Adhere to the progress schedule as provided in
paragraph 6?9.
10.5. if notice of any change affecting the general s(x)pe
of the Work or the provisions of the Contract Documents
MDC(;L(NEA.N. (ANV411ONS 1910-8 (1990 EiStiun
wt CilY OP F(iR"1" IX:a.UN53[OU117 (.'A7"ION5 ilt[V A2oixn
(including, but not limited to. Contraa Price or Contract
Times) is required by the provisions of any Bond to be
Liven to a stueh, the giving of any such notice will be
NONTRACTOIf s responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANIGEO! CONIRACTPRICE
ILL 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 urxktrtaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the contractPricc
11 2. The Contract Price may only be changed by a
Change Order w" 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 ut no
event later than thirty days) after the start or 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 (wiless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the clans)
anal 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 deurrnirted by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree an 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
pamgraphs 11.9,1 through 11.9.3, inclusive),
11.3.=, where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually aged payment basis, including lump sum
(which may include an allowance for overheat( and
profit not necessarily in accordance with
paragraph 11.6.2)
1 1.3.3. 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 I 1 A and 11.5)
plus a CON'rR.ACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of Me Work*
11.4. The term Cast of fire Work means the surf 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 cats stall
be, in amounts no higher than those prevniling in the
locality of the 1'rojccL shall include only the following
items and shall not include any of the costs itenii7ed in
paragraph 11.5'
11.4-I.PayroUl 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
employecs shalt include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed fuil-time on the Work shall
be apportioned on the basis of their time spent on the
Work: Payroll casts shall inolud*-but- wt be lim ited tq
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
coatpensation health and -retirement benefits;-bonusesi
applicable thereto.
The expenses of performing Work after regular
working haws, 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 m connection therewith All cash
disc:oums stroll accrue to CONTRACTOR unless
OWNER deposits finds 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 trim 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,
EJCI>C GENERA. CONDITIONS 191" 0"O Editiant
i4 tat C1TY OF FORT COLLINS MCN>IFI(,'AJJ0NS tRb,V 4r1 Wit)
CONTRACTOR stall obtain competitive bids from
Subcontractors acceptable to OWWW`'NIiR 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 WW`urk and tee as provided in
paragraphs 11.4. 11.5, 116 and 113. All
subeuntractS shall be subject to die other provisions of
the Contract Documents insofar as applicable.
i1.41A 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 die Work.
11.4.5 Cost, including transportation and
maintenance, of all materials, supplies.
equipment, machinery, appliances, office and
temporary theilities at the site and Iend 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
rennin the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the pans thereof
whether rented from CONTRACTOR or others in
accordance with rental agreement 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 ASA. 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 suits any
of them may be liable, anon royalty payments and
fees for permits and licenses.
11.4.5.6. Lasses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
pedornance and furrusltnmg of the 1 otk (except
losses and damages within the deductible arnokmLs
of Property insurance established by OWNER in
accordance with palrgraph 59), provided they
Itn'e resulted frum causes other than the
negligence of CONTRAC'O- any
Subcontractor, or unvcmc di cetly or indirectly
employed by any of them or for wbosd= acts anv of
them may be liable. Such losses shall include
settlements mate with the written consent and
approval of (AVNLR. No such ltxiscs, danhages
and expenses shall be included in the Cost of the
Work, for the purpose of determining
CONTRACfOR's fee. If however_ any such loss
or damage requires reconstruction and
CONTRACT OR is placed in charge thereof,
CONTRACTOR shall be paid for services a l'ce
proportionate to that stated in paragraph 11 6.2.
1 IA 5 7 The cast of utilities, fart) and mnrtanv
facilities at the site.
11.4.5.8. Rlinor expenses such as telegrams,
long distance telephone calla, telephone semce at
the site, expressage and similar peuy cash items in
connection with the Work,
11.4.5.9. Cost ofprenhiums for additional Bonds
arid 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
CON'TPACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers
engineers, archiwets, estimators, attorneys, auditors,
accountants, purchasing kind contracting agents,
expediters, timekeepers, clerks and other perwmael
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
classificaticrs referred to in paragraph 1141 or
specifically covered by paragraph I IA..4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR'S pruacipal and
bench offices other than CONTRACTOR's office at
the site.
11.5.3. Any pan 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 con of premiums cowered lay
subparagraph 11.4.5.9 above).
EJt'OC UENERAL CONDI 110%, 1910-811990 Eifitiaia
xv/ CITY OF FORT COLIA M N 10DIMCATIOtis IREV a120e01
I IS5. Costs due to the negligence of
CONTRACTOR any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose ads any of them may be,liable, including but
not limited to, the ctirrecGon of ckfiective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6, Other overhead or general expanse casts of
any kind and the costs of any items not specifically and
expressly included in paragraph 1 IA
11.6, The (t()NTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually aa:cptable faxed fee; or
11.62. if a fixed fee is not agreed upcn, then a tee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.21. for casts incurred under
paragraphs 11.4A and 11.4.2, the
CONTRAC?f OR's fee shall be fifteen percent;
11_6.-2. for casts incurred under
paragraph 11A.3, the CONTRACfOR's fee shall
be five Percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fisted fee is agreed upon, the
intent of paragraphs 11.43, 11.4.2, 11.43 and
11.6.2 is that the Subcontractor who wwally
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
IIAA and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid afee-aF fJva pereeaaf of Rta amaunt-paid;a
the next-lcawer-tierSubeentractor to be negot atePl
.gm_tatlh with_ SAvK ..but i�t4,xe �N-
fve_P ern sent of the amourid t� tlae rtext lower
tlet'_�L��ttcx.'
11.6.14. no fee shall be payable on the basis
of costs itemized under paragraphs 11.44, 11A.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any chaange
which results in a net decrease in cast will be abbe
amount of the actual net decrease in cost plus a
deduction in CONMXCTOR's fee lay 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 charge in accordance with
paragraphs 11.6.21 throxlglt 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 firms acceptable to ENGLNEER an
itenized cost breakdown together with supporting data.
Cash Allmrances:
11.5. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and perforrned for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that:
I1.S.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
11.52. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenscs contemplated for the
allowances have been included in the Contract price
and not in the allowances and no demand for
add signal 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 FNG1NEER to reflect actual
amounts due CO,grRACTOR 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 prov ide that all I
or part of the Work is to be Unit Price Wort:, 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 tines the estimated quantity
of each item as indicated in the Agreement. The
t-ntimated quantities of items of Unit Price Work are
to 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.
11.92. 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.
i1.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Rice 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;
VCL C GENERAL CONDY11CrM 19104 (1990 Ed fir)
26 wl C7Tr OF FORT C'OLL1N5 N1ODnRCA'1'IONS SRF.L' 42000)
and
11 9.3.2. there is no corresponding acliustment
with respect to any other item of Work. and
11.9.3.3- if COYf RACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Rice as a result of havine incurred
additional expense cr QVv..\ER believes that
OWNfiR is entitled to a decrease in Contract Rice
and the parties are unable to agree as to the
amount of uny such increase or Jecrease.
11,93.4. CONTRACTOR ackqoglkcs drat
the OWNFR has the right to add or delete items in
the_ Bid or_chargc_ ggamitics at OWNI R'S sole
discrchon without infecting the Contract Price of
any remaining item so long m the deletion or
addition does not r, ceed, twenty-ln_e Txrcent of
the original total Contract Prig;.
ARTICLE 12--CFliVNG F, Oh CONT RACT'ri m m
12.1. The Contract Times (or lvlilestones) may only be
changed by a Change Order or a Written Atnendment.
Any claim for an adjustment of the Contract Times (err
Milestones) shall be Nserl on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in aio event later than thirty
days) after the occurrence of the event giving rise to the
claim and sorting 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
FNGINFER 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
ENGTNFFR 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 a
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of Clod. Delays attributable to and
within die control of a Subcontractor or Supplier stall be
deemed to le delays within the control of CONTRACTOR.
124 'N'here CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or hdilestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Tunes (or -Milestones) in an amount equal to die
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy fbr such delay. In no event shall
OWNER be liable to CONTRACTOR. any Subcontractor,
am• Jupplicr, any other person or organization or to eny
surety for or employee or agent of any of them, fix
damages arising out of or resulting from 6) dclays caused
by or within the control of die CONTfL4(TOR, or
(11) delays beyond the control of both parties including, but
not limited to, fires. Qvods, epidemics, abnormal weather
conditions, acts of God or acts or reelect by utility owners
or other contractors perfume ing oilier work as contemplated
by Article 7
ARTICLE 93-.TLSI'S AND INSPECTIONS;
CORRVC-TION, REMOVAL. OR ACCEI°T'ANCE OF
DEh1-.CT1VET ORK
13,1. Notice of Defects:
Prompt notice of all defecrNe Work of which OWNER or
I NG1NEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
l ecess to Work:
132. OWNEK ENGIiNFR, LNIGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictioml interests will have access to the Work at
reasonable --times 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 its applicable
Teals andInspections:
13.3. COhffRkCTOR shall give ENG tNEER timely
notice of readiness of the Work for till required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shalt employ and pay for the services of
an iral pendent 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 pnraQaph 13.9
EX:DC (tEN'ETLAL C'ONDM ONS 1910-8 0990 Ed um)
w? CITY OF FORT CY)L1,1 N5 A1OU11^1CATIGNS p21iV 912aW1
below ,hall be paid is 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 aml public boxd}' having
jurisdiction require any 11'ork (or pari thereof) specifically
to be inspected, tested or approved by an employee or
otter representative of such public Neely, ('ONTRACI OR
shall assume full responsibility for arranging and
obtaining such inspection;, tests of approvals pay all costs
in connection therewith and furnish E.\GLtiEP:R 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 fan OWNER's
and LNUINHER.s acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs.
or equipment submitted tier approval prior to
CONTRACTOR's pur hale thereof for incorporation in
the Work.
11& if any Work (or the work of others) that is to he
inspected, tested or approved is covered by
CONTRACTOR without written concurrence or
ENGINEER, it must, if requested by 12MMESI R, he
uncovered for observation.
13.7, Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGMER timely notice of
CONTRACTOR's intention to cover the saute anti
ENGINEER his not acted with reasonable promptness in
response to such notice.
Uncovering bark:
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. 1f ENGTNF.F.R considers it necessary or advisable
that covered Work be observed by ENGINLER or
inspected or tester, by others, CONTRACTOR, at
ENGINEER'S request, strait uncover, expose or otherwise
make available for observation, inspection or testing as
04GINEER may require, that portion of the Work in
question, furnishing all necessary labor, material arid
equipment If it is found tut! 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 aril testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shnll be
entitled to an appropriate decrease in the Contract Price,
anti, 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
ckfecrive, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Mile,*ones), or both, directly attributable to such
'7
uncovering expmie, observation, inspection. testing.
replacemem and reconstruction', and, if the parties are
wtable to agree as to the amount or extent thereof,
CONTRACfOR may make a claim therefor its provided in
Articles I I anti I.
OPYAER blay Stop the lVbrk:
13,11). if the Work is Jefec•trve, or CONTRACTOR fails
to supply sutlicient skilled workers or suitable materials or
(Nuipment or fails to fitmish or perform the Work in such a
way that the completed Work will conform to the Contract
Document-, OWNER may order (7ONTRAG7OR to stop
the Work. or any portion thereof, until the cause for such
order has been eliminated; however, this not of OWNER
to stop the Work shall not give rise to any duty on the pan
of OWNER to exeroise phis right for the benefit of
CONTRACTOR or any surety or other par.
C'arrection or Removal of Defective Work:
1111, If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all deJ'eciive Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
srue and replace it with Work that is not ckfecrive.
C'ONTRAC'I'OR shall pay all claims, costs, lasses and
damages anused by or resulting front such correction or
removal (including but not limited to all casts of repair or
replacement of work of others).
13.12. Correction Period
13.12.1.1f within stir -year two 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 Doctunents or by any specific provision of
the Contract Documents, any Work is found to be
corrctive, CONTRACTOR shall promptly, without cast
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)
satisGTaorily corrector remove and replace any damage
to other Work or the wok of others resulting therefrom.
If CONTRACTOR does rat promptly comply with the
terms of such instructions, or in an emergency where
delay would cause sermons risk of lass or damage,
OWNER may have the defective Work corrected or the
rejected Wok removed and replaced, and all claims,
costs, losses and damages causeed 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 rim from an
earlier date if so provided in the Specifications or by
Written Amendment
13.12.3. Where defective Work (and damage to other
HiMCGENERALCONDITIONS 1910S(19901idtio)
w.+CITY OF FORT COLLINS MOTAVIC'ATIONS (7CEV 4.20W)
Work resulting ther&om) has beers conected,
removed or replaced origin this paragraph 13.1 the
correction period hereunder with respect to such Work
will be extended for an additional period of one-year
1W9__y,esrs after such correction or removal and
replacement has been sntisfacionIN' conpletat
Acceptance of Defective Work:
13.13. If, instead of retluiring currecton or removal and
replacement of defective Work, OWNER (nnd, 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 efeetive Work (such costs to
be approved by ENGINEER as to reasonableness). if any
such acceptance occurs prior to Es'NGTNEER'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, arid, 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 CONTRA(TOR to OWNER.
0KNER Dfay Correct Defeediv Work:
13,14. if CONTRACTOR fails within a reasonable time
after written notice front ,ENGINEER to correct defecrive
Work or to remove and replace re ected Work as required
by ENGINEER in acccrdanca with paragraph 13.11, or if
CONTRACTOR fails to perform thc 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 wider
this paragraph OWNER shall proceed expeditiously. In
comnecuot 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 CONTRACTORS services related thereto, take
possession of CONTRACTORS 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, cods, losses and damages incurrW or sustained by
OWNER in exercising such rights mid 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 l I. Such claims, costs, losses and
(laninges will include but not be hmited to all costs of
repair or replac:emcnl of work of others destroyed or
damaged by correction- removal or replacement of
CONTRACTOR'S defectirr Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Nlilestones) hecm e of any delay in performance of the.
Work attributable to the exercise by OWNER of OWNER's
j Wits and remedies hereunder.
ARTICU 14-41AN A1ENfS TO CONTRACTOR AND
COMPLETiON
.4cherlule 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 he incorporated into a firm 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 f'nrnrent:
14.2 At least twenty days before the ckue established for
each progress payment (but not more often than once a
month). CONTRACTOR shalt 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
mato ials and equipment not incorporated in the Work but
delivered and suitably stored at the site ce at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
tkrcumentation 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 OWNFdt_ The amount of retainoge with
respect to progress payments will be as stipulated in die
Agreement. :Attu funcls_th at are withheld by the -OWNER
shall not be subpza to substitution by.
the CpNt CTC)R
with secunties_0r LMY_ rnm& tints involving an escroyv near
custodianshp I3y executirg; thz„apphcatiart.for }xtytneat
farm the C0�NTRA4Ti7R a nreWv waives his right to the
benefitsgf Cglcxado Rev_isecc,.I,514t-ti s,; Jedion2-4A!-rlitl_,
et sz .
CtONMICTOR's Warranty of Title.
14.3. CONTRACTOR warrants and guarantees that tale
to all Work, materials and equipment covered by any
Appbcatiori for Payment, whether incorporated in the
project or not, will pass to OW\TF.R no later than the time
or payment Gen and clear of all Liens.
Review ofApplicationsforProgress Payment
14.4. ENGIINJM-R will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJUDC GENERAL CON MI ONS 1910-5 (1990 E(fitim )
WO IY Of FORT cY)Li.i NS 1uOtrl't CATIONS 1REV m2000)
reconuoenckrtion of payment and present the %ppliu-uion
to OWNER, or return the Application to COM RACTOR
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 'fen days after presentation of the
Application for Payment to OWNER with ENGINLER's
recommendation, the anxxmt recommended will (subject
to the provisions of the lust sentence of paragraph 14.7)
become clue and when due will be Imid by OWNER to
CO!cTRACT(:)R.
14.>. KNGINh'FW.% recommendation of any payment
requested in an Application for payment will constitute a
representation by F;NG[ti'EER to OWNER, haled on
I NUINfiER's on-sitc observations of the executed Work
us an experienced and qualified design prufessitnal and on
ENGINEER's review of the Application for payment and
the accompanying data and Seliedules, that to the best of
ENGiNEER's ktacmvledgc- information and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5. 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 I.init Rice Work under
Paragraph 9.1(), and to any other qualifications stated
in the recommendation), and
14.53. the conditions precedent to
CONTR+ACTOR's being entitled to such payment
appear tohave been fulfill�vl insofar as it is
ENGMEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) ex] austive 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 behveen the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6 ENGTNEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOWs 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
anti Regnalutions applicable to the furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7_ ENGfNEER may refuse to recommend the whole
or any part of tiny payment if, in ENGINEER's opinion it
would he incorrect to make the representations to
9
OWNER referred to in paragraph 145. 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 ENGINFER's opinion to protect OWNER
from loss because:
14.7.1. the Work is drfvch've, or completed Work bus
been damaged requiring correction or replacement.
14.7.2. the Contract Price has been reduced In
Written Amendment or C'hnnge order,
14.7.3 OWNER has been required to correct
defecime Work or complete Work in accordance with
paragraph 13.14. or
14.7A. ENGINEER )iris actual knowledge of the
occurrence of anv of the events enumerated in
parajaphs 15.11 through 15,-14 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER becaw�e
14.7.5. claims have been made against OWNER on
account of CON'TRACTOR'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 OWNTE R to a set.
off against the amount recommended or
14.7.8. OWNER has actual knowledge of the
occurrence of any or the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 1521
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 its 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 des not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. if ENGt'NRER
30 E3CLnCGEN$R.AL COND1l10iSS 1910� G'NJa Editiae)
w1 crry OF Foal COLLINS MODIFICATIONS UtEV 421100)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Subsutntial Comupletnon There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. O%"i,'R shall have seven
days after receipt of the tentative certiiicate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
U011SA10171lffi such objections, ENGINEER concludes that
the Work is not subsuintialh complete, FNGINE[iR will
within fourteen days after subinission of Ute tentative
certificate to OWNRR notify CONTRACTOR in uniting_
stating the remwns therefor. If, after consideration of
OWNFR's objections, RNGi:NMR 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 ceniftcate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of die tentative certificate of Substantial
Completion RNGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CYJNrRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR wee otherwise in writing and so inform
KNGINEF R in writing prior to ENGINF�R's issuing the
definitive certificate of Substantial Completion,
ENGLNrEER's aforesaid recommendation will be binding
on O\t y FR andCONTRAC"TOR until limit 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 actress to complete or correct
items on the tentative list
Partial UtiG;afion:
14.10. Ilse by OWNER at OWNF.R's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWTIER. EhTGiI.4M eta) CONTRACTOR agree
constitutcs 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 accompplished 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
beready fur its intended use and substantially
complete. IfCONfRAC1'OR 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.
I
CONTRACTOR at nny time may notify, OWNER and
IL\G INIi13R in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue it certificate of Substantial Completion for that
part of the Work.. Within a reasonable time after either
such request. OWNER, CONTRACTOR and
frtiGINI:ER shall make an isspction of that part of
the Work to determine its status of completion If
I-NGINEER does not consider that part of the Work to
Ix_ substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing givinr the
reasons therefor if ENGTNEFR 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
die Work rind 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
prolwrty insurance.
1,anal Inspecrlon:
14.11. Upon written notice from CONfRAM'OR 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 &fectn-e. CONTRACTOR
spell immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application forAarment
14.11 After CONTRACTOR has completed al! such
corrections to the stifistaction of ENGINEER and delivered
at accordance with the Contract Documents all
maintenance and operating inductiom schedules,
guarantees, I3unds, certificates or other evidence of
vistamnce 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 amompainied (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 subparagraph5.4.13,
(it) consent of the surety, if any, to finalpayment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Lien arising out of or filed
in connection with the Work_ In lieu of such releases or
waivers of Lien and as approved by OWNER.
CONTRACTOR may furnish receipts or releases m full
and affidavit of CONTRACTOR that: () the releases and
receipts include all labor. services, material and equipment
fix which a Lien could be Filed, and (ii) all payrolls,
material and equipment bilk and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in anyway be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
EAMCGENEkAL COIND111ORS 191M (19906ttitiad
(I IT Or hour 001LAA Ns iH(xnFICATIONS mtEV ar_oan
to furnish such a release or receipt inn fill].
Nr COR>C'TOR may Iiamish a Iond or other collateral
satisfactoy to OWV T-_R to indemnify OWNER against
any Lien. _Releases or -waivers or liens and the consent of
thesurctv,tq_(inmlaie._ avnunt..are to be sulanitted on
firms ccmfomtint to the pt2na of the 011 V F R'S standard
farms oc nd,inthe Project manual.
Final Payment andAcceptance:
14.13 1f. on the hasis of ENGMCR's tibxrvation of
the Work during construction and final inspection, and
IiNGINf H:R's review ofthe final Application for payment
and accompanying documentation as required by the
Contract iocuments, HNGiNKER is satisfied that the
Work has 1-ken completed and CONTR.AC"TOR's other
obligations under the Contend Documents have been
fulfilled. ENGINHFaR will, within ten days after receipt of
the final Application for Payment indicate in writing
ENGINFISR's recommendation of payment and present
The Application to OIVNER for psymem. At die same
time LNG IN FFR will also give written notice to OtV'NF,'R
and C'OMRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application tin
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the nectssary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application and accaunpaneing
documentation, in appropriate foram and substanceand
with ENGINEFWs recommendation and notice of
acceptability, the amount recommended by ENGLNTER
will become duc and will he paid by OWNER to
CONTRACTOR subject to nuagrnh 7.t.'_ of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so connfnrms, 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 Boats have been
furnished its required in parabxaph 3.1, 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 ENG11,MER 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.
tvaiver 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 front
unsettled Liens, from defective Work appearing after
R1
firm) inspection pursuant to paragraph 14.11, from
failure to comply with the Conract Documents ox the
terms of any special guarantees specified therein, or
frdan CONTRACTORS 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 Ally Suspend Work:
15.1. At any time and without cause. OWNLR may
suspend the Work or any portion tlxrcof for a period of not
more than ninety clays by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be reswned. 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 CON'rR.Ac"T(.)R
makes an approvcd claim therefor as provided in
Articles i 1 and 12
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CDNTRe1CTOR prssistantly 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 (r
failure to adhere to the progress schedule established
wider paragmph29 as adjusted from time to time
pursuant to paragraph 6.6)(
152.2. if CONTRACTOR disregards laws or
Regulations of any public body having jurisdiction;
15.23. if CONTRACTOR disregards the authority of
ENGINEER, or
15.2.4. if CONTRACTOR otherwise violates in am
substantial way any provisions of the Contract
Documents:
OWNER may, utter giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by laws and R g-ulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and lake possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the. site and use the stare to
the full extent thev 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
EJC1.ni:O81.'tit'd.rll, CC�NDl`nOi$191US U97U Eefitim)
32 w/pIY OF FORT COLLINS MODIrtCA11ONS iRF.V.V 0UU)
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 arty
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, lasses and
darmages 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 ENGIN ER R 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 CONTRAC7OR's services have been so
terminated by OWNEIL the termination will nut affect
any rights+ or remedies of OWNER against
CONTRACTOR then existing tx which may thereafter
accrue. Any retention or payment of moneys Clue
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15A. 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, COMI`RACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work, executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit out such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in perforating 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,
1.5.4.3. for all claims, costg, busses and damages
incurred in settlement of terniitated contracts with
Subconuuetora, Suppliers and orthem; 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 suchterminatioa
CONTRACTOR bfay Sap Work or Terndaate:
15.5. lf; thro ghro act a fault of CONTRACTOR, the
Work is suspenddeed 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, CON'rRACrOR tiny
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 the contract or provide the services required, (2) whether the
bidder can perform the contract or provide the service promptly and
within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of
the bidder, (4) the quality of the bidder's performance of previous
contracts or services, (5) the previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service, (6)
the sufficiency of the financial resources and ability of the bidder to
perform the contract or provide the service, (7) the quality,
availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future
maintenance and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of
the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would
impair his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other
contract with the City or in the payment of any taxes, licenses or other
monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid,
to (a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for
identification of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction
as may be indicated in or required by the Contract Documents, and that
12/03 Section 00100 Page 2
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to MNE—R and
ENGwF.E-R, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and re",ver from OlVNILR
lytyinent on the same terms ns provided in rx?mgmph 13,4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if IT40INEER 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 chic,
CO\'TRACTOR may upon seven Clay 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 tot
intended to preclude CONI RACTOR 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 CONIR.ACfOR's stopping Work'as
permitted by this paragraph
ARTICLE 16-DISN1rrE RI-sowrioN
If and to the extent that OlkhR and CON'fRA(']OR
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 'Exhil- t GC -A, "Dispute
Resoiution Agreement", to he 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 prat visiorn of paragraph-s9.10, 9.11 and
9.12. OWNF12 and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations it respect
of any dispute.
ARTICLE 17—MISCELI,ANEOIIS
G7dingiYolice:
17.1_ Whenever rmy 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. Compulation of Time:
17.2.1. When any period of tane 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 periods falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day wilt
he omitted from the computation.
EJCOC:CiENERAL COMMONS 191"(1990 Earth)
w/ CI 1Y OF FORT CbWd7y5 h1UDi7CA71i:)_NS tREy AY:9W7
17 22 .A calendar clay ortwenty-liner hours measured
from midnight to the nest midnight will constitute a
day
Notice of Claim:
17.3_ Should O'kNT ER or C )NTRAC fOR suffer in
or damage to person or property because of amerror,
omission or act of the other party or of .my of the other
pwrty's employees or agents or others for t+hosc 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 he construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or rcposc.Cumulalire Remedies:
17.4. The duties and vk�ligations imposed by these
Goneml Conditions and the rights and remedies available
hereunder to the parties hereto- and, it particular but
without limitation, the %varmnties, guarantees and
obligations imposd upon CONTRACTOR by
pamgmphs 6 1 6.16, 6. 30, 6.31, 6..3^, 1 3.1, 13.12, 13.14,
14 3 and 15.2 and all of the rights and remedies available
to OWNhR and F.-NC31NFER thereunder, are in addition
to, and are not to be constnied in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed cx available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragaph will be as etlectivc as if repeated
specificalty in the Contmet Documents in connection with
each particular duty, obligation right and remedy to which
they apply.
Professional Fees and Cara Casts 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,
I.Z<t . The_layys 9t'-t11a State ql fclera 49_sBF1X_1Q..L1t?s
Arretrnent Reference to,txupertinent Coloracicf,statutes
areas fol]ou:s
17(,_T IL_ claim is fitedlOW,NER is required by
law IZS = 6-107Zto withholdGvm all Lmvinen6s to
CONTRACTOR sjLu_flpcient fiaxLs to_ insure the
p_ratimtent of all claims for labor materials_ tam hiLe.
sustenance, orvvisivn% provender, or other supplies
used or consumed by CON'TRACI'OR or his
33
3a VCDCUENERAL CONL4110M 1910-8(1990 Edhim)
WICITY OF FORT OLILLI M MODIFICATIONS (REV 4:20007
(t his page left blank intentionally.)
EJC DC (3E'NERAL CONDM ON51910-R (1990 EdtiaO 35
wlCITY OFFORT CGW.INS �9OUn9CAT1(JNS 11i1iV 9ROUin
EJCDC GENERAL COND11IONS 191" J IM Ediliad
36 wi C77Y OF FORT COLLINS M10i)JFiCA'IIONS tHEV i:209U)
EXHIBIT GGA to General Conditions
of the Construction Contract Betiveen
OWNER and CONTRACTOR
DISPI?TE RESOLIMON AGREEMENT
OWNfst and CONTRACTOR hereby a+Ree 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 manors in
question between OWNLIZ and COh17RAC1'OR arising
out of or relating to the Contract Ooctiments or the breach
thereof (except for elailns which have been waived by the
making or acceptant or final payymtem as provided by
paragraph 14.i5) tv'ill be decided by arbitration in
accordance with the (.`orertruction industry- Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. 1'his
agreement so to arbitrate and arty other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be Txifically enforceable
under the prevailing law of any court having.lurisdiction.
1 &Z No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
DIGINEER huitially for decision in aceordattx.e with
paragraph 9.11 will Ix: made until de earlier of (a) the dine
on which ENGIN M has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENTGNEER if a written decision has not been
rendered by ENGIMI ffi Z 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
ENCY NEER 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 E:NGINEER'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.
des, sion is accwpLable to doe parties cancernad 1,10 demand
for arbitration of any written decision of ENGINErR
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 9.1 Q.
16.3. Notice of the demand for arbitration will be
filed in waiting with the other party to the Agreement and
with the American Arbitration Association anti a copy will
be sent to ENGMER for information The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16' 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 Ix barred by the
applicable statute of limimtiors,
EXI)C OLNERAL CONDIITONS t 91l>•8 ti wf) Ediim)
wl OITY OF FORT .COLUNS MODIFICATIONS 1REV 9,99)
16.4. Escept as provided in paragaph 165 below,
no arbiLntlion rirising out of or relating to the Contract
Documents shall mcluote by consolidation. joinder or in any
other manner any other person or entity (including
ENGINEER. ENGINT—ER's Consultant and tlx of ricer&
diroctnrs, agents, employees or consulavxs of any of sheet
who is not a party to this contntct unle•as.
16.4.1. the inclusion of such other person or entity is
JICdCTWV if complete relief is to be afforded among
those who are already parties to the arbitration, and
164? such other person or entity is suibstan ally
m%ob ed in a question of late 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 mid
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 OWKER
and C'ONTRACIOR 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 bt-tween OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16 5 nor is the
provision of such saheontrtet consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNIU, ENGLNEEt or
ENG .l —R'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; amt it will not be subject to
modification or appeal.
16.7. OWNER R ttnd 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 Ivkdiation 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 litr 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
Shrill not serve as arbitrator of such dislutn uniess otherwise
agreed.
W—Al
SECTION 00800
SUPPLEMENTARY CONDITIONS
the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
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
12/03 Section 00100 Page 3
substantially complete and also completed and ready for Final Payment
(the Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished
or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in
the General Conditions which may be supplemented in the General
Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to
Section 00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
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
12/03 Section 00100 Page 4
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.
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.
12/03 Section 00100 Page 5
13.2. Bids shall be deposited at the designated location prior to the
time and date for receipt of Bids indicated in the Invitation to Bid, or
any extension thereof made by addendum. Bids received after the time and
date for receipt of Bids will be returned unopened. Bidder shall assume
full responsibility for timely delivery at the location designated for
receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or•withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or
an authorized representative provided he can prove his identity and
authority at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for
the receipt of Bids provided that they are then fully in conformance with
these Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the
amounts of the Base Bids and 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
12/03 Section 00100 Page 6
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 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.
12/03 Section 00100 Page 7
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful
Bidder delivers the executed Agreement to the OWNER, it shall be
accompanied by the required Contract Security.
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.
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.
12/03 Section 00100 Page 8
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 9
SECTION 00300
BID FORM
t
tt5iats,
City of. Fort Collins ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: 5942 Lee Martinez Farm Addition
OPENING DATE: November 1, 2005 (Our Clock) 3:00 P.M.
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
GENERAL
1. Per the specifications, testing will be paid for by the city through CTL Thompson.
2. Any surveying required is the responsibility of the contractor.
3. Site will be unavailable for construction work on the following days: Thursday,
12/01 /05 through Sunday 12/04/05.
4. Site will be unavailable for construction work on the following afternoons: Friday
12/09/05 through Sunday 12/11 /05, and Friday 12/16/05 through Sunday
12/18/05.
5. Relative to item numbers: 3. and 4. above, seven (7) days be added to the contract
period by change order after the agreement is executed.
6. The Farm is closed for business Mondays and Tuesdays. However, the Contractor
will have access to the site during these times. Arrangements to be made at Pre -
construction conference.
7. There will be an area provided for staging during construction operations. To be
arranged during Pre -construction conference.
DRAWINGS
1. The square footage of the new addition is on the cover sheet - 670 sgft.
2. D1 .1 - Remove the note "Existing roof and trusses to be removed and new roof and
trusses to be installed" from 2 & 5 / D1.1. New roof trusses are to be installed per
structural drawings.
3. A1.0 - Flooring tag at in Vestibule A100 at door A101 change tag F-3 to F-1.
4. A1.0 — Change "F-2" tag in building system notes to read "New VCT flooring (color
to be selected by owner)
5. A4.0 — Change note on 8/A4.0 from "(2) LVL beam cont. — Ref. Structural" to read
"Beam — Ref. Structural — Typical"
6. A4.0 — Change Window type "D" dimensions from a (4'-6" x 4'-4") to (5'-0" x 4'-
011
) .
7. A4.0 — All operable windows are to come with removable bug screens.
ATTACHMENTS
Pre -Bid Conference Attendance Record
If you have questions, please contact John Stephen, CPPO, CPPB, Senior Buyer at 970-221-
6775.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
215 North Mason Streit • 2"d Fton, • F.O. Box 580 - Fort Collins, CO 90522-0580 4 (970) 221-0775 • Fax (970) 221-6707
www.fceov.com
SECTION 00300
BID FORM
PROJECT: 5942 Lee Martinez Farm Addition
Place: 215 N. Mason
Date: Nov. 0 2005, 3:O0pm
In compliance with your Invitation to Bid dated October a 2005, and subject to all conditions thereof, the
undersigned Empire Carpentry a Limited Liability Company authorized to do business in the State of
Colorado hereby proposes to finish 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 5% of Bid
Price, 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: Western Surety Company. South Dakota
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. 1 through 1 .
7/96 Section 00300 Page 1
8. BID SCHEDULE (Base Bid)
Lump Sum: $160,562.96
In Words: One Hundred Sixty Thousand, Five Hundred Sixty Two Dollars and 96 cents.
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 (25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Empire Carpentry LLC
Signature Date: November 1", 2005
evin Murray
ffanager
Litense Number: Cl-
(Seal -if Bid is by corporation)
Attest:
Address: Empire Carpentry, LLC
PO Box 245
Bellvue, CO 80512
Phone: 970-493-3499
Fax: 970493-2088
e-mail: empirena.verinet.com
7/96 Section 00300 Page 2
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
Western Surety Company
BID (BOND
(Percentage)
@mod Numbar: 69993969 _
KNOW ALL PERSONS BY THESE PRESENTS, That.we 3-mx-ixe- ca. tLC ._
P. O. Box 245, Sellwe. Co 90512
referred to as the Principal, and weatgm—A. rety.. 29mp4nY--_,
as Surety, are held and firmly bound unto Miy-of For" On' lins—_ of 215 N. Mason et. , Fort Cohins,,. Co ,80524
Of
hereinafter
hereinafter referred to as the Obligee, in the sum of percent of the greatest
amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for _...
.di,tion .To-Lx-jgtjRg-3t 14Xe—_
NOW, THEREFORE, if the Bald contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give, ,such bond or bonds as may be specified In the bidding or
contract documents with surety acceptable to Obligee; or if Principal shall fall to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this _ 19t __ day of —._ LY-6-*er —, _.,2005. _,
ire CarpeatM, LLC
(Principal) /
By...
esters surety Copan
(Surety)
By
MiA G EDWARD HALLBAUER
Form M7B
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No, .-6 9 969
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint _C13AI[�E]]i4B8C_.HBLI+BAL>E�.. _
a it-9 true and lawful ttorney(a)-in-fact, whh full ipower and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Priadpal;grapire Carpentry, LLC
Obligee: City of Fort Collins
Amount $Saa,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, scaled
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)•in•fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in Lull force and effect.
"Section 7. All bonds, policies, undertakings, Fewere of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other offiosrs as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shag have authority to issue bonds, policies, or undertakings in the name of
the Company, The corporate seal is not necessary for the validity of say bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation- The signature of any such cMwr and the corporate seal may be printed by facaimile."
All authority hereby conferred shag expire and terminate, without notice, unless used before midnight of _. F8hT—U4LrY- I
2 0 0.6 , but until such time shall be irrevocable and in fug force and effect.
In Witness Whereof; Western Surety Company has caused theso presents to be signed by its Senior Vice President, Paul T.
Brufiat, aom grate seal to be affixed this _. 1fl1` . , day of —NQM kMl2e� . —U 05
.4p 5V ........' 4$
WES SURE Y COMPANY
c4 a4 i *M Paul T. Brufla nior Vice President
S uxcA
COVN2 , as
On this — 19t day of
-NQVeMbOr ., fn the Year_2.Q0ii_., before ma, a notary public, personally appeared
Paul T. Brutlat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of spideorporatiao.
tr���WM��,1rtiti4WMh4hhM i
'+ D. KRELL •
WNO M PURL.Ia ; i otary Public • South Dakota
a SOUTH =*01 —
�WWh�w4vM�MWM44WNW t
My Commission Expires November 30, 20M
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set fortb in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this _mot ..... day of
_. November --2005 ,
W'ES SURE Y COMPANY
Paui T. Bruflat enior Vice President
Form F6906.4-2002
0
0
AC2CNOWi•TOGlrizxT Op BUItETY
STAME OF WISCONSIN ,� } {Attorney-in•Fact3
COUNTY OP, DANE ss
On this 18$ day of 4Fallovember
ig ember 11e 11 Bauer 2005 befare nte, a notary public i:L
and.for said County,•parsonally appedred ._
to me personally known and boing by me duly sworn, did say, that he is the Attorney-in-F'aet'of WZkBlF TJFLTY
COMPANY, s corporation of Sioux Palls, South Takota, created,. organized and existing under and by virtue of the lave of the
State of South Dakota, that the said instrument was exaautod an behalf of the said corporation by authority of its Hoard of
birectors and that the said _ Cr Edward Hallbauer w�
aoknowladges said instrument to baths fraa act and dead of said corporation and that he has au ority to sign paid instrument
without aMxInK the corporate peal of paid corporation.
1N WXTNESS WHEREOF, 7 have hereunto eubauribed my name. and ffcxed 'y ifiaial seal a ,
WT.SC ONSTN. the day and year last above written. /
My commission expirae
AUG. 2 2009 �kLGv^
Farr, +oe - 4-2000
Notary rubho .
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.
I . Name of Bidder: Empire Carpentry LLC
2. Permanent main office address: Mail & legal: PO Box 245, Bellvue, CO 80512
(Shop local: 521-1/2 Sycamore St, Fort Collins, CO 80521)
3. When organized: September,1979
4. If a corporation, where incorporated: Colorado, LLC
5. How many years have you been engaged in the contracting business under your present firm or
trade name? 26 years
6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate
anticipated dates of completion.)
• Wurz Residence Remodel ($120,000) Start: 12/15/05 End: 11/15/05
7. General character of Work performed by your company: Historic rehabilitation and
stabilization of historic properties, including residences and commercial. Remodels and
additions to existing structures.
8. Have you ever failed to complete any Work awarded to you?
If so, where and why? No
9. Have your ever defaulted on a contract?
If so, where and why? No
10. Are you debarred by any government agency? No
7/96 Section 00420
If yes list agency name.
Page 1 of 5
12
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.
Rocky Mountain National Park
Historic Rehabilitation $45,000.00
Roxborough State Park
Emergency Stabilization $25,000.00
Mozer Residence — Fort Collins
Addition / Remodel $210,000
Nance Residence — Fort Collins
Historical remodel $87,000
City of Fort Collins Trolley Barn
Historical tenant finish $88,549
Berrittini-Heath Remodel — Fort Collins
1940's residential remodel $67,000
Massey Remodel — Bellvue, CO
Contemporary residential remodel $98,319
Completed August 2005
Completed March 2005
Completed September 2005
Completed August 2005
Completed July 2004
Completed May 2003
Completed May 2003
Zeidner Residence — Fort Collins Completed Nov 2002
Contempoary residential addition/ remodel $96,370
Laupa Garage — Fort Collins Completed Oct 2002
Historic stabilization/remodel $14,269
Nix Farm (Ft Collins Dept Nat Resources) — Fort Collins Completed Oct 2002
Historic restoration sub for Cottier Const $21,300
Dearfield Townsite (OT Jackson Home) — Dearfield, CO
Historic stabilization $68,000
Haines Addition -Remodel — Fort Collins
Addition/ Historic residential remodel $180,130
List your major equipment available for this contract.
Skilled labor and specialized hand tools.
Wood shop: Belsaw Planer Bandsaw
Delta Jointer Radial Arm Saw
Rockwell Shaper
Pneumatic Tools
Site Specific Power Tools
Completed Jun 2002
Completed Aug 2001
7/96 Section 00420 Page 2 of 5
13. Experience in construction Work similar in importance to this project:
Overland Trail Stage Station
Virginia Dale, Colorado
Architect: Charles Mayhugh
Funding: in part Colorado State Historical Fund
Work completed: Stabilization of structure with new point load pier system, rebuilding
of stone foundation (including locating similar stone), and replacement of rotted away,
hand-hewn sill logs with replication of original mortise and tenon log joinery and hewing
techniques.
OT Jackson Home
Dearfield, Colorado
Owner: Black American West Museum
Architect: Andrews & Anderson
Funding: in part Colorado State Historical Fund
Work Completed: Helped assess the scope of work. Supervised the lifting and moving
of house off existing foundation, excavation and placing of new concrete foundation.
Supervised re -placement of house on new foundation, parging of foundation, rebuilding
of chimneys, and laying of block foundation under addition. Repaired roof, walls, and
floor structure to stabilize building. Repaired siding, facia, and other visual aspects.
Rebuilt front porch structure. Built new storm windows to cover windows, and repaired
window frames to support storms. Other carpentry, as needed by plans.
One West Art Center (Old Fort Collins Post Office) Phase 1
201 South College Ave.
Fort Collins, Colorado
Architect: Hill and Associates
National Register of Historic Places
Work completed: Restoration of Corbels, rosettes, brackets, and fascia detail. Work
done to Secretary of Interior's Standards for Rehabilitation.
Earnest Waycott House
1501 West Mountain Ave.
Fort Collins, Colorado
National Register of Historic Places
Work completed: Rehabilitation of the exterior including restoration of front porch rail
with original pieces and replacing missing pieces with similar, restoration of trim and
soffitt detail, and repair/ repointing of sandstone foundation. Work done to Secretary of
Interior's Standards for Rehabilitation.
Cross Residence
300 Peterson St.
Fort Collins, Colorado
Work Completed: Returning a duplex into it's original single family residence
historically correct state. Manufacture trim to match existing trim (including newel
posts). Remove and relay original fir floor. Stucco patching. Repair soft brick walls.
Repair plaster walls.
7/96 Section 00420 Page 3 of 5
Saint Peter's Fly Shop
202 Remington
Fort Collins, Colorado
Work Completed: Supervise re -pointing of all masonry on building.
14. Background and experience of the principal members of your organization, including officers:
Kevin Murray, Manager
Timber Framer's Guild of North America. Construction Manager for 27 years. See attached
resume for detailed background and experience
Chuck Williss, Master Carpenter
Has made significant contributions to all Empire Carpentry projects since 1989.
Chuck has attended Architectural Preservation Institute Preservation Technology Workshops for
wood preservation and completed window restoration training with exhibit specialists from
Rocky Mountain National Parks Service. He is a certified technician by Architectural Resource
Technoligies.
Terry Schmitz, Lead Carpenter
Employed by Empire Carpentry since 1997. Has 5 years experience in logging, 20 years in
carpentry, 2 years metal building erection and 10 years concrete. Terry has attended
Architectural Preservation Institute Preservation Technology Workshops for masonry
preservation, Structure Assessments and barn preservation.
15. Credit available: $20,000
16. Bank reference: Key Bank
300 W Oak
Fort Collins, CO 80521
970-482-3216
17. Will you, upon request, fill out a detailed financial statement and furnish
any other information that may be required by the OWNER? Yes
18. Are you licensed as a General CONTRACTOR? Yes
If yes, in what city, county and state? Fort Collins, Colorado
What class, license and numbers? License Cl-2
19. Do you anticipate subcontracting Work under this Contract? Yes
If yes, what percent of total contract? 39%
and to whom? See Sub list form 00430 attached
20. Are any lawauits pending against you or your firm at this time? No
If yes, detail: NA
21. What are the limits of your public liability?
General Liability: See attached Certificate of Liability Insurance
Larry D Peterson Agency
7/96 Section 00420 Page 4 of 5
ATTENDANCE RECORD
PREBID Project: 5942Les CONFERENCE Martinez Farm Addition
Time: 10:00 A.M.Date: October 11, 2005
Location:600 N Sherwnna
FIRM NAMES / --- I tLtPHONE FAX #
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Worker's Compensation Liability: See attached Certificate of Liability Insurance
Pinnacol Assurance
Charles Doggett, Underwiter
22. What are your company's bonding limitations? $500,000.00
See attached Western Surety Company
Power of Attorney — Certified Copy
Attached in section 00410
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 1" day of November, 2005
Em7vinray
ntryLLCBy:
Title: Manager
State of Colorado
County of Larimer
✓1 being duly sworn deposes and says that he is
0—"W of Empire Carpentry LLC, and that the answers to the foregoing questions
and all statements therdih contained are true and correct.
Subscribed and sworn to before me this day of
DJpJ Ak624 , 2005
Notary Public
My commission expires
JANET EMMANUEL
NOTARY PUBLIC
mema
STATE OF COLORADO
MY COMMIM EXHRES 21M
7/96Section 00420 Page 5of 5
CERTIFICATE OF LIABUM INSURANCE
Amwlean Farolly Msutance Company, ❑
Arnedcen FatNty Mutusl Insurance Gompany it eelealiwt box is not checked.
WW American Pky Madison, Wisconsin 5378UMI
Inwred's Name and Address Aaenft Name. Address and Phone Number (A JDIeL)
Po Box 245 11C 1 Larry
Peterson 22
Harvard Street W 1�8-9393
1WIvue, 00 80612-0245 Ft Collins, CO 80525-2186 (119M9)
This cw dfleap is limited as a matter of tnformeeion only and Conies no nigh" upon the Ce"ifieats Holder.
This aertdfioate does not amend, attend or diet the menage allarded by the peliaisa listed below.
1lrilr b ealbeatpeldee d wiewroeYYearlawldre MesiWda W MwuAreNMedawierey pd�pmptod:d. noMaypn6nq iw► a4�ieernt lase armn6im el yM Caned a oar
doaeerarse mason naaM taaMari aa"arearrwreigea w mar"Sm" rdby ra pod" OernLrdhe b1n b au6jert sea e s rermr eaadon e d mnarmr d situ paedre.
TYPE OF INBUAANCE POLICY NIRIBEA P—RMT N I fJIMTS OF LIASILfiY
Upb9eitaosowenans Umlillfty ON"oeaenece S .000
eostaaners Uabiity B� ant anape
EarnOoonana S A00
Personal Umbrv4s U*Ml9y °0°e aneMapO"r0ee
n'.ed�00aeellCe a AM
Fiortniftnah uabtlity I I I I $ .000
Workers Campenandon and
Erttpleyarm Liabiity t
oWV
Oonruoia Ge oral
L1eb* (omrrence)
-01
ta,tsinswaarrars L�bwty
Uquer Ltatabry
Auroewbiis Liability
❑ AnyAulo
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eo�uery•eem�drr. S
os-Xe0762-M-00 911PB s snrmos a
sou4tduradtwo«ebsws►ca.r:.d $
• ADDITIONAL. WMAED
City of Fort Collins
PuMhasdny Department
AtIn: John Stevens
PO BOX 580
Fort CoMns, CO 80522-0580
Fax: 221-6707
U 201 Ed. am
EacaowAftwoffidpow S
tt
1111=05
Cwtl9cele Holder
or
AW
100.000
300 ,000
100.000
.000
loco
pact.
is "A lit cam
Ow
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D Peterson
SlocK No. 00t N Rou. 7102
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all
subcontractors performing over 20% of the contract.
ITEM SUBCONTRACTOR
Excavation
Hilgenberg Excavation / Ft. Collins
Concrete
Aalpine Custom Concrete / Ft. Collins
Landscaping
Evergreen Landscape & Sprinkler / Ft. Collins
Plumbing
Waterworks P&H / Ft. Collins
Electric
Brian's Electric / Ft. Collins
Roofing
AJ Shirk / Loveland
Gutters
Advanced Roofing Technologies / Ft. Collins
Paint
Williams Painting / Ft. Collins
Drywall
Cottonwood Drywall / Wellington
Insulation
Thermal Concepts / Ft. Collins
Doors
F&C Doors / Ft. Collins
Mechanical
R&H Heating
NOTE: NO SUBCONTRACTORS ARE OVER 20% OF COST
_W;.4.. weyffir, gwoza _�_
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date: November 8, 2005
TO: Empire Carpentry, LLC
PROJECT: 5942 Lee Martinez Farm Addition
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated November 1, 2005 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for 5942 Lee Martinez Farm Addition
The Price of your Agreement is One Hundred Sixty Thousand, Five Hundred Sixty
Two Dollars and Ninety Six Cents($160,562.96).
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 November 30, 2005.
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
OWNER to consider your Bid abandoned,
declare your Bid Security forfeited.
within the time specified will entitle
to annul this Notice of Award and to
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
City of Fort Collins
OWNER
-) Ls�t
BY:C L
Jame B. O'N ill, II, CPPO, FNIGP
K - Director of Purchasing & Risk Management
SECTION 00520
7/96 Section 00530 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 81h day of November in the year of 2005 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Empire Carpentry, LLC (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 625 sq. ft.
addition to the Lee Martinez Farm administrative building including building
envelope from foundation through finishes, related sitework, utilities and
landscaping and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by Aller-Lingle Architects, 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 One Hundred Fifty
calendar days after the date when the Contract Times commence to run as
provided in the General Conditions.
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.
7/96 Section 00615 Page 1
1) Substantial Completion:
One Hundred Dollars ($100) for each calendar day or fraction
thereof that expires after the One Hundred Fifty (150) calendar day
period for Substantial Completion of the Work until the Work is
Substantially Complete.
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: (One
Hundred Sixty Thousand, Five Hundred Sixty Two Dollars and Ninety Six Cents),
$160,562.96 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. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
7/96 Section 00615 Page 2
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
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 re uired 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 re uired 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,
7/96 Section 00615 Page 3
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written 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 numbered as
follows:
DRAWING INDEX:
Title Page With Vicinity Map
131.0
Demolition Plan
D1.1
Demolition Photos
SDLO
Site Plan
A1.0
Floor Plan
ALI
Ceiling Plan
A1.2
Roof Plan
A2.0
Elevations
A3.0
Building Sections
A4.0
Details and Schedules
S LO
General Notes; Sheet Index
S I.I
Load Key, Typical Details
51.2
Typical Wood Details
52.0
Foundation Plan and Roof Plan
53.0
Details
M1
Mechanical Plan & Schedules
El
Electrical Power Plan & Details
E2
Lighting Plan & Schedules
7/96 Section 00615 Page 4
E3 Electrical Specifications
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers 1 to 1, inclusive.
7.5. The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
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.
________________________________________________________Section Break (Next Page)====__ ..... ,______..... ________._---------- __... _______
7/96 Section 00615 Page 5
LEE MARTINEZ PARK
ADDMINISTRATION BUILDING
ADDITION
FORT COLLINS, COLORADO
BID #5942
OWNER
City of Fort Collins
PROJECT MANAGEMENT
City of Fort Collins Operations Services, PMPD
Steve Seefeld, CCCA, Facilities Project Manager
(970) 221-6227
ARCHITECT/ENGINEER
Aller-Lingle Architects, PC
Chris Freeland, AIA
(970) 223-1820
PURCHASING
City of Fort Collins
John Stephen, CPPB, Senior Buyer
(970 221-6777
OWNE CITY OF FORT COLLINS
By: (:
JAMES O` FILL II, CPPO, FNIGP
D EC OR OF PURCHASING
AND RISK MANAGEMENT
Date:
r2-1 s1 a<-�
Attest:
City Clerk
Address for giving notices-
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
4 6 Tijj� I
Assist "t City Attorney
4 : y
(L` `IL
CONTRACTOR: Empire Carpentry LLC
By.
Title:
mak
(CORPORATE SEAL)
Z
t st:
e
Address for giving notices:
0112
LICENSE NO.:
7/96 Section 00615 Page 1
SECTION 00530
NOTICE TO PROCEED
Description of Work:5942 Lee Martinez Farm Addition
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
20_ 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
Title:
7/96 Section 00530 Page 1
SECTION 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
5ECTiON 00610
PERFORMANCE BOND
Bond No. 70009244
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) EMPIRE CARPENTRY LLC
(Address) PO BOX 245, BELLVUE;.,CO 80512
( ),EXHIM, (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)WESTERN SURETY COMPANY
(Address) 101 S PHILLIPS AVE, SIOUX FALLS „ SD`3 57104
hereinafter referred- to as "the Surety", are held and firmly bound unto
City of Fort Collins, 300 Laporte Ave, Fart Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal
sum of ONE HUNDRED SIXTY THOUSAND FIVE HUNDRED SIXTY-THREE 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 wher as the Principal nte'red
into a certain Agreement with the OWNER, dated the day of Pe-✓i—V
204?2; a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project,5942_..LA Martinez Farm
Addition.
NOW, THEREPOM 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,r and shall fully indemnity
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, thisMST. day of _NOVEMBER
2005.
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF
7/96
` t-\40A5p2 N
(Title`s
EMPIRE CARPENTRY
P.O. Box 245
(Address)
Other Partners
By:
Hy:
Surety
ATT RNEY,IN
BY=101 S PHILLIPS AVE, SIOUX FALLS, SD 57104
(Address)
KUST NOT BE PRIOR TO THE D '= OP THE AGREDUNT.
Is Partnership, all partners should execute Bond.
Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond NO.70009244
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) EMPIRE CARPENTRY LLC
(Address) PO':BOX 245, BELLVUE, CO 80512
{ , (a Corporation), hereinafter referred to as
the "Principal" and
(Firm) WESTERN SURETY COMPANY
(Address) 101 S PHILLIPS AVE, SIOUX FALLS, SD 57104
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 ONE. HIDMRRE)j SIXTY THn1JSANn FTvF. H INDRFD 4TXTY-THR F 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 44"- day of �d� --1� 4✓
20QII a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, 5942 Lee Martinez farm
Addition.
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.
ti
7/96 Section 00615 Page 1
tOVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
,d agrees that no change, extension of time, alteration or addition to the
firms of the Agreement or to the Work to be performed thereunder or the
)ecifications accompanying the same shall in any way affect its obligation on
As bond; and it does hereby waive notice of any such change, extension of
_me, alteration or addition to .the terms of the Agreement or to the Work or
the Specifications.
tOVIDED, FURTHER, that no final settlement between the OWNER and the
)NTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
iy be unsatisfied.
tOVIDED, FURTHER, that the .Surety Company must be authorized to transact
isiness in the State of Colorado and be acceptable to the OWNER.
1 WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
sch one of which shall be deemed an original, thisZISTday of • NOVEMBER
20'U
�orporate Seal)
i PRESENCE OF:
Principal
By-- "
i V 1A6;2Ac. e(t_-
(Title) EMPIRE CARPENTRY
P.O. Box 245
Bellvue, Coto. 80512
(Address)
Other Partnarss
PRESENCE OF: Surety
By AT— TURNLY IN -FACT
BY- In] S PATT'.i.TPS AVE SIQ11X FAi T 5, yD 57104
(Address)
BOND MUST NOT 2E PRIOR TO TBE DATE OF THE AGREEMENT.
ACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70009244 _
Knew All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organised and exixting under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these prevents
make, constitute and appoint
its true and lawful attorgey(s}in-fact with full power -and authority hereby conferred, to execute, acknowledge and deliver For and on
its behalf as Surety, boada for.
Prinapal: Empire Carpentry, LLC
Obligee: City of Fort Collins
Amount: $5o0, 000.00
and to bind the Company thareby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(a)-in•fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and cffbet.
"Section 7. All bonds, poUciea, undertakings, Powers of Attorney or other oblfgatiene of the corporation ahall be executed in the
corporate name of the Company by the President. Secretary, any Assistant Secretary, Treasurer, or say Vice President or by such
other officers as the Board of Directors may authorise. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or ngenta who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer arid the corporate seal may be printed by facsimile."
All authority hereby conferred aball expire and terminate, without notice, unless used befora midnight of ___April 3 o
2 006 _.., , but until such time shall be Irrevocable and in full form and effecL
In Witness Whereof. Western Surety Company has caused these presents to be signed by Its Senior Vice President, Paul T.
Bruflat, krAA*Wk.grate real to be affixed this _ S1aG— day of _..... NOVSMI�e. _,
'w;rwiitc� r r "'7,4
."' `�n's•. WES SURE;q COMPANY
004
Paul T. Brufla or
Vice President
Y
*
�y�ifn�ggljxl jA
�d7iT' 4 ea
E�.��i}AIIA
On this 210r_ day of—Noyember , in the year 2 005_.:., before me, a notary public, personally appeared
Paul T. Braflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary ant and dead ofspidcorporation.
4+hh+hh•rhhKKKKtititih.,p 4
r+ D. KRELL '+
9 SOOUTH QAKM — otary Public South Dakota
4K..... h+htiti•1h+h+Hr+hh - -
My Commission Expires November 30, 2006
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this—_._.lgt _.__.. day of
WE S SURE Y COMPANY
Paul T. Bruflat vier Vico President
Z
Farm F=&4.4=
u
ACK2NQWLXDGMR" OF SUIMTY
STATE OF'—, W'ISCONSIN _ (Attorneydn-yact)
COZTNTY OF, _ DANE ss
On this 21st day of _ Navember 2005 ,'before nw, a notary publio in
And for said County; parsonally appeared Craij l;rhvard Ha 6aue27
to me parsonally known and being by we duly sworn, did may, that he is the Attorney -in -Fact -of WDSTHUN SUR.it;TY
COMi PAXY, it corporation of Sioux Vella, South'Dakota, areated,• arganisad and existing under and by virtue of the laws of the
State of South Dakota, that the said •instrument wan executed on behalf of the said corporation by authority of its Board of
Directors and that the #aid Craig Edward lda l l b aue r
acknowledges said instrument to be the free act and deed of said corpp rajan,4t he has uthority, to r}ga said in�sitmeiit
without affixing the corporate seal of said earporatian,
IN 9VITND^98 WFtBRF:OTC, I have hareumto subscribed my usme an�! afiseal at N
WISCOIJSIN the day and year last above written / µ.
M)r commission expires
AUG. 2 2009'
Fwm i0o • 4-2006 — 111ota7y � L .
• - �'JieME14<J
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020
Notice Inviting Bids
00020-1 - 00020-2
00100
Instruction to Bidders
00100-1 - 00100-9
00300
Bid Form
00300-1 - 00300-3
00400
Supplements to Bid Forms
00400-1
00410
Bid Bond
00410-1 - 00410-2
00420
Statements of Bidders Qualifications
00420-1 - 00420-3
00430
Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600
Bonds and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660
Consent of Surety
00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC -A GC -Al - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-3
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1
00970 Construction Specification Instruction Forms 00970-1 - 00970-5
SPECIFICATIONS
SOILS REPORT
CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Inaurance Company if selection box is not checked.
6000 American Pky Madison, Wisconsin 53783.0001
Agent's Name, Address and Phone Number (Agt /Piet.) Insured's Name and Address:
Lorry D Peterson (1191309) Empire Carpentry LLC
149 W Harvard, Suite102 PO Box 245
Fort Collins„ CO 80525 Belivue, CO 80512-0245
970-229-9393
This certificate Is Issued as a matter of information only and confers no rights upon the Certificate Holder.
This Certificate does not amend. extend or alter the envereae nflorded by the nollcles listed below.
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any
requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded
by the policies described herein is subject to all the terms 0XCluslons, and Conditions of such policies,
POLICY
TYPE
TYPE OF INSURANCE
POLICY NUMBER
LIMITS OF LIABILITY
Effective
Expiration
Mo,Va ,Y
Mo Da Yr
Homeowners/
Bodily Injury and Property Damage
Mobilehomeowners Liability
Each Occurrence
Boatowners Liability
Bodily Injury and Property Damage
Each Occurrence
Personal Umbrella Liability
Bodily Injury and Property Damage
Each Oceurrenee
FahmManch Llabitlty
Farm & Personal Liability Each Occurrence
Parm'15m to er's Liability Each Occurrence
Statutory • • +
Workers Compensation and
Each Accident
Employem Liability+
Disease - Each Employee
Magee - Policy Limit
General Liability
General Aggregate 42,00o.000
® Comrnorclal General
05-XifliM44
10/30/2005
10/30/2006
Products - Completed Operations Aggregate $ 2,000,000
IJabillty (occurrence)
Parsons] and Advertising Injury $ 1.000.000
Each Occurrence $ 1,000,000
Fire Damage (Any One Fire) $ 100,000
Medical Expense (Any One Person $ 6,000
Businestsownere Liability
Each Occurrence ++
Aggregate ++
Automobile Liability
Bodily Injury - Each Person $100.000
® Owned Autos (Basic forth)
05-X90782-02
08/01/2005
09/01/2006
Bodily Injury - Each Accident W00,000
Owned Autos (Comp form)
Property Damage $f 00,000
Hired Autos
Bodily Injury & Property Damage Combined
❑ Non -owned Autos
❑❑ Garage liability
Filow Liability
❑ Commerolal Blanket Excess
Each Occurrence/Aggregate
DESCRIPTION OF OPERATION6LOCATIONSNEHIC45$/R@STRICTIONS/SPECIAL ITEMS
r The individual or partners shown as insured *r" erected to be
The City of Fort Collins Department of Purchasing Is listed as an additional Insured.
covered as employees under this policy.
++ RMUCi3-Gompleted Operations aggregate i6 equal to each
o=rrence limit and Is Included in policy awregate,
® should any of the above described policies be canceled before the
ADDITIONAL INSURED
INSURED
expiration date thereof, the company will endeavor to mail "(10 days) written
Arty of Fort ins
notice to the Certificate Holder named, but failure to mall such notice shall
Dept of Purchasing
De Purchasing
impose no obligation or liability of any kind upon the company, he agents or
Box
Box$00
representatives. -10 days unless different number of days shown.
Fort Collins,CO 80522
❑ This certifies coverage on the date of issue only. The above described
Fort
FAM,
policies are subject to cancellation in conformity with their terms and by the
John Stevens
laws of the state of Issue.
DATE ISSUED
AUTHORIZED REPRESENTATIVE
11 /23/2005�—
C—
U-201 Ed.1196
ORIGINAL- Certificate Holder, COPIES to Services, Insured, Agent
Stock No. 06668
TO/TO 39Vd NOS61313d AddV1 WVJWV L8066ZZOL6
bE:EO 900Z/EZ/ST
11/23/2005 12:06PM Pinnacol Assurance PAGE 2 OF 3
ACORD ry CERTIFICATE OF LIABILITY INSURANCE
ATE �'o =05
PROOVOQR
Pimacol Assurance
7501 E Lowry Blvd
DENVER CO 80230-7006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
Tmum
EMPIRE CARPENTRY LLC
521.5 SYCAMORE ST
FORT COLLINS CO 80521
INSV1093tA: Pinnacal Assurance
41190
INSUMS:
wavemec:
wa ®RD:
waneDla:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
wER
Ire
ADO'L
MS)
TYPE OF DBURANCE
POLICYNUMBER
POLICYRFPBCTM
DA
POLICYERRRATION
DATE
LAOIS
GFNBRAL LM31LT17
COMMERCIAL GBNERAL LIAM Y
CLAIMS MADE 11 OCaN2
RACK OCCIDUUMMa
DAMAGE TO IMNUD
PRM.DSES e.m.no
FeMCNAL a ADV NAM
GEN'L AC1=CATE MMRAPPL@BSPBB:
POLICY ECT LOC
GIRIEIGL AGGREGATE
=cn-OOSSPAOP ACC
AWWOIILR• use m
ANYAUTO
ALL OWNED AUTOS
SCHISDU mAUTOS
RrIZDAWos
NON-OWM AVrO6
COMBINED SINGLE Law
PIS.tlsNo
BODILY 1KRw
amavwnEY
PROPBRIYDAMAGe
CAIAGI I.'ARRY
AWAM
AUTOOM.Y -RA ACCEEW
OTMEBTHAN RAMC
AUTDOM.Y: AGG
B mimsiBB81 LLARUm
OCCUR CLAM MUM
gift l
RRIEHDON S
EACH000URA@SW
AGGRRCATR
A
WOBIMIS WMPEMnON AND
RWLOYBRS' LIA nxm
AMYrRfxREmwPAmMeRSlEomva
WICERSEMaenexCLlroEY
D ftaE SPECIAL PROVISIONSL.bw
1519590
09/01/2005
09/01/2006
NJ WCSrATO OILER
To"Um TS
R.L.EACHACE[wT
S100000
ILL. DBEASR-EAnIPLOYER
$100 000
E.L.DBLUE POUCYLIMIT
$500000
OTI®I
DISCRDTION OF OPERATIONS ILOCATIONS I VERICLES I BILCLVSIONS ADDED NY BNDORSBMBN'I / SPECIAL PROVISIONS ,
SEE BACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL
CERTIFICATE HOLDER
CANCELLATION
070003
CITY OF FORT COLLINS PURCHASING DEPARTMENT
ATTN: JOHN STEVENS
PO BOX 500
FORT COLLINS CO $0522-0590
ACORD 23 200110
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUr FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Nichole Valdez
Underwriter ACORD CORPORATION I=
utmEr CSR a�I I3n1AH D:":w IIIMSP uPd.Rs: Ilnvlme v:wvo uwlm
11/23/2005 12:06PM Pinnacol Assurance
CERTIFICATE HOLDER COPY
PAGE 3 OF 3
CITY OF FORT COLLINS PURCHASING DEPARTMENT
ATTN: JOHN STEVENS
PO BOX 580
FORT COLLINS CO 80522-0580
POLICY NUMBER: 1519590
BUSINESS LOCATION: EMPIRE CARPENTRY LLC
CLASSIFICATION OF OPERATION
CLASS DESCRIPTION
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED,
the pullcy(Im) must be endorsed. A statement an
this certificate does not confer rights to the
certificate holder in lieu of each endarsemem(s).
If SUBROGATION IS WAIVED, subject to the terms and
conditions of the policy, cordan policies may
require an endorsement. A statement on this
certificate does not confer You to the
certificate holder in Mau of such endarsemern(a).
DISCLAIMER
The Certificate of Inanance an the reverse side
of this farm dam not constitute a contract between
the Issuing htsurer(s), authorized representative
ar producer, and the certificate holder, nor dam it
affirmatively or negatively amend, extend or site
the coverage afforded by the policies listed thereon.
COVERAGE COVERAGE RATING
EFFECTIVE EXPIRES TYPE
564505 CARPENTRY -RESIDENTIAL 09/01/2005 09/01/2006 EM
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:5942 Lee Martinez Farm Addition
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized-
representatives,of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated.
By:
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially 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, 5942 Lee Martinez Farm Addition.
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
, 20
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date: 20
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)
MzSruF
PROJECT:5942 Lee Martinez Farm Addition
(CONTRACTOR)
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
7/96 Section 00650 Page 1
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
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 day of 20
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
20 , by
Witness my hand and official seal.
My Commission Expires:
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 5942 Lee Martinez Farm Addition
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR -as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DR 0172 (12199)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 60261
(303) 232-24t6 CONTRACTOR APPLICATION
24
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39 26.114(1 Xa)QGX)
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying misl be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materialswhich are purchased, rented, or consumed by the contractor and which do not become part of the structure.
highway. road, street, or other public works owned and used by the exempt organization.
Any unarAhorized use of the exempt on certificate will result in r evocation of your exemption certificate and other penallies provided
by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
RegisUaWrVAccoLoNo.robe assigted byPeriod
Di 70-750 (999) $0.00
89 -
f J fl".
40,
.TIC 1C V i
Trade name A'.
ter, partner, or corporate name'.
Mailing address (City, a Zip):
Contact Person
E-Mail address
FederalEmployer's Identricallon Number
-d amount for your contract.
ax um er
Business telephone number.
Colorado w1hiriolding lax amourd number.
Narye0l exempt organize ass own on contraco.
txemptorganization's number:
98 -
Address of exempt organza n (City. State. Zip):
Principal correct at exempt Organization
Firinctrial cantacirs telephone number:
Physical location of project site (give actual address when applicable and Cities andJor County fies) where project is located)
SchedWed MoN h Day Yea, Estimated Month ay Year
conslmclion start date: wmpletion date:
d.7,z
I dedare under penalty of perjury in the second degree that file statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate ofhcer.
I e of corporate officer
DO NOT WRITE BELOW THIS LINE
Section 00670 Page 1
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure
The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copes of all Certificates that the
prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a
minimum of three years and be available for inspection in the event of an audit.
Once an 89i# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
Section 00670 Page 2
SECTION 00020
INVITATION TO BID
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENTHZAL (:;ONDITFONS OP THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Comm inee, EK I X' No- 1910-9 (1990 Edition), as a lase_ Changes to
that document are shown by underlining text that has been added and
striking through test that has been deleted.
EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number &Title
TABI.1,'017 CONTINI'S OF(JENET'Al. CONDITIONS
Page Article or Paragraph
Number Ntimlvr & 'I itle
DEFINITIONS_.- - , ,
I
Addenda
Agreement _ ................. ............
I
13
Application for Payment
IA
Asbestos
1.5
Bid
1
16
Bidding Document.,;
I
17
Bidding RtquirementS
I
I I
Bonds
1
19
Change Order..._.__._.
I . Io
Contract Documents
1.11
Contract Price
I
1.12
Contract Times... ... __.....__._..._.1
1.13
CONTRACTOR ...... .. . .......
1.14
de five- ...... .................
'fee ...........
i Ii
Drawings,
1.16
Fffective Date of the Agreement.
1,17
ENGINEER..........._ .. ...
1 18
FNGINFFR's Consultant
I
1 19
Field Order
I
1.20
General Requirements...___ .................
121
Hazardous Waste
1.21 a
Laws and Regulations Laws or
Regulations_
I 22.11a
Legal llolidays_-. . ........ ........
. ..
1,23
Liens
2.
L24
Milestone.._._........__
1,25
Notice of Award
1.26
Notice to Proceed
-2
1.27
OWNTR_
2
1.28
Partial Utilization, ...
1.29
PCBs
2
L30
Petroleum....__..._ ..
1.31
Project._..._......_..---_ ...............
2
1.31a
Radioactive Material -
1.12.b
Regular Working ),I(W% .... ............
1.33
Resident Project Representative„-,-,,.....
1.34
Samples ..............................................2
135
Shop Drawings_........
2
136
Spccifications ............. ...... * ......
.... 2
1.37
Subcontractor., .... ....... ................
_2
1,39
Substantial Completion
I
1.39
Supplementary Conditions
2
1.40
Supplier ...... ............................
-1
1.41
Underground Facilities......_._.........
. '-3
1.42
Unit Price Work ..................................3
1,43
Work ...........................................I.....3
1.44
Work Change ,E)irective ....... ............
_ 3
1.45
Written Amendment
Pnoe
NUMtxr
PRELIMINARY MATTMS . ...... . ... ....... .
3
I
F)clivery (if Donds..
..... ...
-1
Copies of Documents-
2.3
Commencement of Contract
.1 Ines{ Notice to Proceed.
2-4
Starting the Work.. ..... ....
3
7
:
Before Starting Construction',
CONTRACTOR's Responsibility
to Report: Preliminary Schcdilcs;
Delivery of Certificates of
Insurance
3-4
2.8
Reconstruction Conference--,
-4
2.9
Initially Acceptable Schedules, ......-_,4
3. CON'TRACTLXX-UMENT& INTENT,
AMINDING,
RI-1JjSV,.. USE..., -
3,1-3.2
Intent
.4
3.3
Reference to Standards and Speci-
fications of Technical Societies,
Reporting and Resolving Dis-
crepnneies ........... .....................
4-5
3.4
Intent of Certain Terms or
Adjectives .....................................
5
3.5
Amending Contract Docutients-1-
. S
3.6
Supplementing Contract
Document
3-7
Reuse of Documents,.,
4. AVAILABILITY
OF LANDS
SUBSURFACE AND PHYSICAL CONDITIONS;
REFT-,RENC1,- POINTS_ .............. .... _ ............ -_
5
4.1
Availability of Lands ........ ............
5-6
4.2
Subsurface and Physical
Conditions._.-_ - - ...........
4-2.1
Reports and Drawings.,.... ..............
-0
4.12
Lim ited Reliance by CONTRAC-
TOR Authorized; Technical
Data
6
4.2.3
Notice of Differing Substit face
or Physical Conditior� .............
15
4.2-4
FNCYINIEETs Review., .....................
fi
4. 2, 4;
Possible Contract Documents
Change, ........... .......
6
4.2.6
Possible Price and Tim es
Adjustments....._..._.._ .......
43
Physical Conditions --Underground
Facilities .......................................
7
43.1
Shown or Indicated ..... . - . ...........
4.3.2
Not Shown or Indicated,,.,..--. .....
4.4
Reference Points .................
7
[EXIV(JENERAL COND111014S 1910-3 (1990 M1110N)
W (TrY OF RAT (7011INSIMODIFICAMNS, (REV 9190)
Article or Paragraph
Nage
Article. or Paragraph
Paoc
Number &Title
""'urn her
Number &Title
'cumber
4.5
Asbestos- R'L's, Petroleum.
625
Submittal Proceedwes: C'GN-
Ilatitrdous Waste or
7RACTOR's Review Prior
Radhcictive Nlaterial,....................
7-S
to Shop Drawing or Sample
Submittal . ......
5. BONDS AND INSURANCE ......................._........
S
6.26
...........................IA
Shop I )radeing & Sample Suhntit-
5.1-5.2
Performance, Paymant and Other
talc Review by ENGINEER
16-17
I3onds ,,,,, __
627
-
Responsibility )brVariations
53
Licensed Sureties and Insurers;
From Ccmtract Documents
17
Certificates of Insurance
_ R
6.28
Related Work Ptrlianned Prior
54
CONTRACTOR's liability
to ENG1NFF.R's Review and
Insurance............................_.....,,,....9
Approval of Required
5.5
OWNERS Liabilitylnsurance_,,.......
., . .9
5ubmit4ils.,. _.,._., _... _..
17
56
Property Insurance ... .._......... __.....9-10
6.29
Continuing the Work__._
.._17
5.7
Boiler and Machinery or Addi-
6.30
CON7 RACTOR's General
tional Property Insurance ......10
Warranty and Guarantee,_._..
5.8
Notice of Cancellation Provision ......
_._10
6.31.6.33
Indemnification_ ..... _,._
.. ,17
5.9
CONT'RAC7.OR'sResponsibility
6,34
....
Survival of Obligation ................18
__17-18
for Deductible Amounts
10
5.10
Other Special Insurance,
11)
7. OTIIERW'ORI .,,...,_......._......_. .__._.._._._.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 ofBondisandlnsa-S.
OWNER'S
RESPONISIBILITIES18
ance'. Option to Replace ......... ..........I1
81
Communications to CON-
5.15
Partial Utilization --Property
'TRACTOR „...... ...................
_ IS
Insurance-_..................................11
8.2
Replacement of ENGMER,....
...... IS
8.3
Furnish Data and Pay Promptly
6. CONTRACTOR'S RESPONSIBILITIES ......... ......Ll
When Due... ............. ...............
...18
6.1.6.2
Supervision and Superintendence, ......
11
SA
Lands and Easements, Reports
6.3-6.5
Labor, Materials and Equipment __11-12
and Tests
18-19
6.6
Progress Schedule ............ ............._...12
8.5
Insurance .... ............_......19
6.7
Substitutes and "Or -Equal" Items.
8.6
Change Orders,..._........................19
CON-TRACTOR's Expense;
8.7
Inspections, Tests and
Substitute Construction
Approvals ,,,,,..„.-,.......................
19
Methods or Procedures;
8.8
Stop or Suspend Work;
ENGINFER's Evaluation__, ......
12-13
Terminate CONITRACTORs
6.8-6.11
Concerning Subcontractors.
Services.... ......................... ........
19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights ............... ........ .13-14
Responsibilities ..... ...................
..19
6.12
Patent Fees and Royalties,-„..............14
SAO
Asbestos, PCFrs, Petroleum,
6,13
Permits._.,,,.,.
14
Hazardous Waste or
6.14
Laws and Regulations ........................14
Radioactive ilaterial,,.19
6.15
Taxes......................._................I.14-15
8.11
Evidence ofFinancsl
6.16
Use of Premises.......... ....... ..
..........
....15
Arrangements..............................19
6.17
SiteCleanliness ............................
15
6.18
Sate Structural L....anding.....................15
9, ENGINEER'S STATUS DURING
6A9
Record Documents ..... ......... ..............
15
CONSTRUCTION.._. ................... ........... ............
19
6.20
Safety and Protection._._ ...............
15-16
9.1
OWNF".R'sReprescndative
19
6,21
Safety Representative,.,,,,,,
...,16
9.2
..........
Visits to Site- . .............. ..... ...........19
.....
6.22
Hazard Communication Programs...,.,
16
9.3
Protect Representative ...............19-21
6.23
Emergencies,_,,,- ...........................
...16
9A
Clarifications and Interpre-
&24
Shop Drawings and Samples..............16
cations. .................. .................
,.... 21
9.5
Authorized Variations in ltirk
2]
ElCDC U'HNERRAL CONDITIONS 1910-3 f.1990 EDI 1710M
wf (3T'1 OF FORT COLLINS MODIFICATIONS IREV 9?99)
Article or Riragrarh i`nee Article or Paragraph
Number & I itle Nuin her Number X I i0c
9.6
Re�jectmg Dttivdive Work 21
97-99
Shop Drawings, Change Orders
and Payments
91(1
Determinations for Unit Prices 2 1 22
911-9,12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter, 2
9.13
N ''13 Limitations on J ;(',IN E'R's
Authority and Respon,,ibiliiie-s,. 22-23
(IIAN(ihS IN -1111; WORK
23
lo�l
OWNFR's Ordered Change ....... _ ......
3 14
1).2
Claim for Adjustment._ . ..... ........
... . 23
103
Work Not Required by Contract
Documents., ...... . .
23
1o4
Change Orders..,
105
Notification of Surety...___,,._.__._..._..
('FLANGE OF CONTRACT PRI(.'I-'
23
11 1-113
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
11.6
CONTRACTOR's Fee
11.7
Cost Records
1526
11.8
Cash Allowances,,,,,,,,,,,,
M
11.9
Unit Price Work .. .......... . .........
26
CHANGE OF CONTRACT TIMES .... _ ....................
'Y
121
Claim for Adjustment, -,
26
12.2
Time of the rssence.. i
' 26
12.3
Delays Beyond CONTRACTORs
Control
226-217
12.4
Delays Beyond OWNFWs and
CON."TRACTOR'3 Control .........
7
TESTS AND INSPECTIONS; CORRECTION
REMOVAL OR ACCEPT.NNCE OF
DEFFC77FT, WORK........_..._......_..._ ............. _
..�7
13.1
Notice of Defects ...............................27
13.2
Access to the Work. ....
27
13.3
'rests and Inspections;
CONTRACTORs Cooperation...,.
2 7
13.4
OWNERS Responsibilities,
Independent Testing Laboratory ...
... 27
11.5
CONTRACTOR'S
Responsibilities ... ........................
)7
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval I I -
- 27
15.
LI, S- 13 9 Uncovering Work at ENG I
1 "a_, e
Num her
NE rR!s Request . , I . 1 1.
, 27-28
13.10
OW NiFR,\,Iiy Stop the Work. . .........
2 8
13.11
Correction or Romovil of
DL,fechve Work
13.12
Correction pertod__
13.1 1
Acceptance ot Del", live Work
28
133 14
OWNER iklay Correct Defective
Work
2829
PAYNIENTS
TO (701,11 RACTOR AND
CONLPLLTION
-9
141
Schedule of Value$, ......
29
14.2
Application for Progress
Payment,,.. . � � _ . ..................
...... 29
143
CONT RA(70R's Warranty of
Title..... ....... ........ ....................
29
14,4-14.7
Review of Applications for
Progress Payments __ .. ........
29-30
14.8-14.9
:
Substantial Completion ... .... __
. 34)
14,10
Partial Utilization..__..
_30-31
14.11
Final Inspection ......... ..................
.,31
14.12
Final Application for Payment ........
31
1413-14.14
Final Payment and Acceptance
31
14.15
Waiver of Claims
THRMINA:f TONI ................. ................ _ ............
12
15.1 OWNER May Suspend Work ..........
32
15.2-13.4 OWNFRT%4ayTcrniinaite...
15,5 CONTRACTOR May Stop
Work or Terminate
32-33
16. DISPUTF RESOLUTION .... 33
11, MISCELLANEOUS ......... ........ .......... __ ........
_33
17.1
Giving Notice ....... 1 ..........
I . I I ._ 33
17.2
Computation of Timcs. ...............
_33
17.3
Notice of Claim ............................
_33
17.4
Cumulative Remedies k_ ..................
33
17.5
Professional, Fees and Court
Costs Included........,._ ......
... 33
IT6
Applicable State Laws .............
_33-34
Intentionally left blank_ .. ............... ..........
1KNIT[BIT GC -A:
(Optional)
Dispute Resolution Agreement .....................
GC -AI
16.1-16.6
Arbitration.,. ..........GC
-Al
16.7
Mediation ........... .... ..........
---- GC -Al
LICW, GENERAL CONDITIONS 1910-8 (1990 EDITION)
wl CITY'OF FORT COU INS N10MCA11ONS (REV 9199)
INDFX TO GENERAL. CONDI11ONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or paragraph
Num ber
Acceptance of --
Bonds and Insurance ........................................ 14
defective Work .........._......-._.._10.4.1, 135, 13 13
final payment............................_.._.__,9.12, 14.15
insurance..._........._............_ .....................__.. }.14
other Work, byCONT&M—TOR._-......_._..__7.3
Substitutes and "Or -Equal" Items.,,,, ,..,_--1-1.1-6.7 1
Work by OWNER ............... ........ ....... 11.5, 6.30, 6 34
Access to the -
Lands, OWNER and CONTRACTOR
responsibililies.
site, related Work... ,.....'_ .._..................._ ..-......7-2
Work,..........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Om issions--
CMrRACLOR..... ............._._._......... 6.9. 1, 9,1.3.3
ENGINEER_ ........................ ........ -.... 6.20, 9,13.3
OWNER .... ..... ..... ....... ...............,..,.....15-0, 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, 9A, 9.5, 10 2-10A
.... ..... .... .... ........_........ . 111 12, 14.8, 15.1
progress schedule ........................... _...... _......., 66
Agreement—
d4nition of,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1.2
.................... .
"All -Risk" Insurance, policy form__._..............._...5.6.2
Allowances, Cash ....... ........... . 11.8
Amending Contract Document .........I...... _............... 3.5
Amendment, Written --
in general, ......... J,10, 1,45, 3.3, 5.10, 5.12, 6.62
10.4, 11.2
....................... 12.1, 13.12.2, 14.7.2
Appeal. OWNER or CONTRACTOR
intent to ............. .............9-10.9,11, 10A, 16?, 16.5
Application for Payment --
definition of ....................................................... ].3
FNGMFF.R'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 ....... .......................... ............ ........ 6.1-16.6
Asbcstos»
claims pursuant thereto ... ....................... 4,5,2, 4.5.3
CONTRACTOR authorized to stop Work......... 4.5.2
definition of... 1.4
Y
Article or Paragraph
Number
OWNER responsibility for..._..... _._.._....._
_.4 3 L 8. Io
possible price and times change.
.. ?.5.2
......
Authorized Variations in Work„_,...,.
3.6, 6.25. 6.27, 9.5
AvatlabilityofLaads, -.._.._.._.__...._-_
...........4.1, 8A
Award Notice of --defined...__............
........ .. 1,25
Before Starting Construction...............................'-5'_.8
Bid --definition of ............... , .,..,,1.5
(1.1. 1.10, z3, 3.3,
-- 4.2.6.4. 6.13, 11.4.3, 11.9,1)
Bidding Documents --definition
of __ ......... ------ _.-....,.............
..........16(6.8.2)
Bidding Requirements --definition
of..........................................I.7
(1.1, 4.2.6.2)
Bonds --
acceptance of.._...__......___._.___
. 5.14
additional bonds........................_..__,,.10.5,
11.4.59
Cost of the Work ............................................11.5.4
definition or ....................................._._...........,,1.8
deliveryof....................................................'-.1,
5.1
final Application for Payment ......
. .......
general .....................................1.10,
.
5.1-5.3, 5.13,
_.,.... ............_................,
9.13. 10.5. 14.7.6
Performance, Payment and Other...................5.1-5.2
Bands and Insurance --in general ..... .................
........... 5
Builder's risk "all-risk" policy form ,.,,....,..-__..,,,..
5.6.2
Cancellation Provisions, Insurance-.,.....
5.413, 5:8, 5.15
Cash Allowances....................................................1
].S
Certificate of Substantial Completion,,,,,,_
1.35, 6.302.3,
_..................... _...........
_.......14.8. 14.10
Certificates of Inspection.,,.,,., ...........
9.13.4. 13.5, 14.12
Certificates of Insurance-,..,.. __„2,7,
5.3, 5.4.1 L 5-4,13.
.... ............... _5.6.5, 5.8.
5.14, 9.13A, 14,12
Change in Contract Price..
CashAllowances..............................................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, 139,
............. .......... 13.13,13.14,14.7,15.1,15.5
CONTRACTOR's fee ...... ....................
:.............. 11,6
Cost of the Work
general............ .........
.......11.4-11.7
Exclusions to,,,,,
11.5
Cost Records .................__.-.
___......,,113
in general ...... ........1.19,1A4, 9,11,
10.4.2, 10.4.3, 11
Lump Surat Pricing..........................................11
12
Notification of Surety..._................_..................10.5
Scope of,_ ............... _............ _......-........10.3-10.4
Testing and Inspection.
Uncovering the Work ....... _.........................13.9
E1C1x: o-r:1.ERAL CONA UONS 19111-s 0990 EDrnoM
iv/ CITY OF FORT COLLINS MODIFICATIOM (REV 9i")
I nit Price Work .1L9
.Nrti(;Ic or Paragraph
number
Value of Work-,,,, ..............................
... .......... JI 3
Change in Contract Tinics-
Claini for tinies, adjustmcrit ........ 4 1.
4.2A 4.5. 5.15.
6.8.1 9.4, 95. 9.11,
10.2. M5, 12.1.
119. 13 13, 13.14.
147, 15,1, ISS
Contractual time limits
112
Delays ixyond CONT%%CTOR's
control
12.3
IM:Ivs bevond OWNER'S and
CONTKACTO[Cs vontrol
Notification of Surety
10.5
Scope of change
....... .10.3-10.4
Change Orders—
Acceptance of De,fechve Work ....... ...
. 13-13
.Amending Contract Documents ........
............ __3J
Crash Allowances__ ....... ........
11.3
Change of Contract Price,
11
Change of Contract Times
11
Changes inthe Wor4. . ......
. ..... ...... 10
('Ot'lTRACTOR's fee
11.6
Cost of the Work ...... ................................
11.4-1 L7
Cost Record...._...........
11-7
definition of
.......... 1.9
emergencies...... _ . .......... ......
............ 6.23
ENGINEERs responsibility .... ... 9.8.
104, 111 12.1
execution or .. ..... ......... .... . . ......
_ ................. )0_4
Indemnifiction ......................... 0 12, 6.16, 0 31-633
Insurance, Bonds and
S. 10, S. 13, 10.5
MWER may terminate..._ . .............
. _ .15.2-15.4
01VNERs Responsibility.._ ........
... ........ $.6. 10.4
Physical Conditions --
Subsurface and .....................
.............................................
-
Underground Facilities--,,,,,,,,,,,,,,,,,,,,,,,,,,,,
.......................
4.3.2
Record Documents, . .............. __ ........
____ .6119
Scope of Change ........ ....... ................
.... 10.3-10.4
Substitutes, ........ ............................
6.7.3. 6.8.2
Unit Price Work.,._........_.. .. ........................
. _J1.9
value of Work, covered by.................................11.3
Changes in the Work... ................... 1
... 1. 1 . ......... 10
Notification of surety._......._ ...... ..
.. .. ..... 10,5
OW NTRs and CONTRACTORS
responsibilities ...........................................10.4
Right loan adjustment .................................
....102
Scope of change ...... __ ........... .......
......... 10.340A
Claims --
against CONTRAC'FOR ....... . ........
............ 6.16
against ENGINEER......._
.............. 26.32
against OWNER ....................... ..............
,......0.37
Change of Contract Price ..........
........... 9.4, 11.2
Change of Contract Times ....... ..............
9.4, 12.1
CONTRACTORs,,, .4, 7.1- 9.4.
9.5, 9.11, 10.2,
1.2, 11.9, 12. 1, 13.9, 14-8,
15.5. 17.3
vi
(X)N'I'kAC'l OR's Fee .11.6
Article or Paragraph
Number
CONTRACTOR'S fiqbjlity. ..........>4, 6 12, 6 16. 631
I
Cost of the Work.,
1 4, 1 IS
Decisions on Disputes.. ..............
_ 9, 11. 9.12
Dispute Resolution ..... . .......... _ . .. ..
.. .... ..... 16.1
Dispute Resoluticm Agreement
.10 1-16 6
ENGENMER as initial interpreter...-,_
. 9.11
Lump Sum Pricing_
11 3. 2
Notice
173
OWNFXs ....................9.4, 9.5, 9,11,
10.2. 11 2, 11 9
12.1. 13.9. 13,13.
13.14. 17.3
OWNER liability.._ ... ......... ................
5 _$
OWNER may refuse to make payment,.
_.... .. 147
Professional Fees and Court Costs
Included_ ....... ..... ____ ........
IT5
request for formal decision on....._.....................9.11
Substitute Items
671.2
Time Extension_ .......... .....
..... .... 1.121
Time requirements,,,,,, .... .........
_ .,9.1 1 , 12.1
Unit Price Work_.._.. .. .. ..... ... I
........... J 1.9.3
Valueof .............................. ___ .............
........ 1.1 3
Waiver of --on Final Payment, ......... ......
* 1414, 14.13
Work Change Directive ....... ....... .......
1.1'.... .1102
written notice required,,._,_
11.2' l_"I
Clarifications and interpretations_,-,,,....,
3.6.3. 9- 4, 9.11
Clean Site .... .... ..............
.... 6.17
Codes of Technical Society, Organization
or Association........._ ....... _ ......
........ _ ,133
Commencement or Contract Times._
Communications--
general..............................................
0.2. 6.9.2. 8.1
Hazard Communication Programs ......
_ ............. 6,22
Conipletion_
Final Application for Nym cut ..........................14.12
Final Inspection__ . ... .... _ ..............
........ __J4.11
Final Payment and Acceptance ....... __
.... 14.13-14.14
Partial Utilization ..................
j4,10
Substantial Completion__ ........ ... _138,
14.8-14,9
Waiver of Claims .....................................
_ .... JU5
Computation of Times..._ ................. ........
17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others ....... ''r ....... 1.111 ..
........ . 6.8-6. 11
Conferences—
initially acceptable schedules ............
111.11 .......... 9
preconstruction...................................................
2.8
Conflict Error, Ambiguity, Discrepancy.
-
CONTRACTOR to Report._
2.5, 3-12
Construction, before starting by
(-'()N'rRA('TOR,.,. ... .... .....................
...... 2.5-2.7
Construction Machinery, Equipment, etc,
...... . .... .. 6.4
Continuing the Work ...................... ........
... _629, 10,4
Contract Documents—
Amending..........................................................3.5
pimcls,
5.1
' ............ _ .... I ......
EKAX�, GENFLKAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY Of FORT COLLINS MODIFICATIONS (REV 9199i
Cash Allowances Hs
Article or Ruagruph
Number
Change of Contract Price
11
Changc of Contract Times .................................
I
Chances in the Work,,,,..- .....
check and verily'.... ...... _ ....
...................
... _.15
Chin Iical tons and
Inlerpretationx,. _,.,_
„3 16, i4.911
definition of
I h)
FNGINF:I R as initial interpreter of..,
911
F:NGINEFR as OWNFR's representative..............9.'
1
gencral3
Instuance........ ...................... .
_ _....53
Intent .._..._._.......,.__...............__._.....3.1.3A
minor variations in the Wcr} ......... ._.
_3,6
OWNER's responsibility to furnish data ... ..._,_....
8.3
OWlBR'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
RelatedWork ....................................................
T2
Reporting and Resolving Discrepancies ....
_2.5, 33
Reuse o(.,... .........
33
Supplementing ..................
.... 3.6
Termination of ENGINE.'ER's Emplo)ruent
..... S '-
Unit Price work ... --............................I...........1
1 .9
variotions..........................................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
Change of ... _._..... ... .....
........ I I
Decision on Disputes.... .................................
... 9.11
definition of.....................................................1.11
Contract Times --
adjustment of --- __...................3.5, 4.1, 9.4, 10.3, 12
Change of.... . .............................. ..........12.1-12.4
Commencement of. .... _.. .:........._...........
2.3
definition of ................ ...............
.1.12
CONTRACTOR —
Acceptance of Insurance,...,,,,,
_514
Communications__ .............
6?, 6.9.2
Continue Work ............ ...-...._.................6.29,
10.4
coordination and scheduling ..........................
0.-9.2
definition of ...............
Limited Reliance on Technical
Data Authorized ...................._.., ,. _._.
.., 9.2.2
May Stop Work or Terminate,.,..,,,,,.
],5.5
provide site access to others,,,,,,,,
7.2, 13 2
Safety and Protection..................A.3.1.2, 6.16, & IS.
..................................... 6.21-6.23,
7.2, 132
Shop Drawing and Sample Review
Prior to Submittal ......... ...........„_.,,,.,_,-,,,,.,.
6.25
vii
Stop Work requirements... 4.52
CON'] RAC"I'OR's—..
Article or Paragraph
Number
Compensation .............
11.1J 1.2
Continuing Obligation ......... ...._.......... ............
14.15
UeJeclive Work,_. .... ......... _._.. _.9.6. 13.10-13.14
DniC to correct defective Work ......................13.11
Duty to Report --
Changes in the Work caused by
Emergency.- _.. ...... ..__... ..................6.?3
Defects in Work of Others..............................7.3
Differing conditions .......... ... ..................._
4.2.3
Discrepancy in Documents._2.5, 3.3.2,
6.14.2
Underground Facilities not indicated.,
_,,,,,,,43.2
Emergencies ._ .........
0.23
Equipment and Machinery Rental, Coat
of the Work _............ .........................
...11.4,5.3
Fee --Cost Plus ......... ................ 11.4.5.6, 11.5.1,
11.6
General 1Varranty and Guarantee
0.30
Hazard Communication Programs ............
_....... 612.
Indemnification ....... ........... ...._6,1? 6.16,
6,31 -6,33
inspection of the Work. ....7.3,
..........................
134
Labor, Materials and Equipment .... _ .............
(0, 6,5
Laves and Regulations, Compliance by.............
6.14,1
Liability Insurance,,,,,,,,,,._,,,_ ,.
... 5.4
No lice of Lttent to Appeal,_,,,,,, ..............
..
9.10, 10.4
obligation to perform and e
complete
the Work .................... ...............................
.0.30
Patent Fees and Royalties, paid for b}.................6.12
Performance and Other Bonds.,_.,_._.__...,,,.,,-
Permits, obtained and paid for by......................0.13
Progress Schedule...........................,-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 ... ...............0.29,
.10A
CONTRACTOR'S expense...........................6.7.1
CONIR'1CTOR's General Warranty
and Guarantee_.....................................6.30
CONTRACTOR review prior to Shop
Drawing or Sample submittal ........:.......6:25
Coordination of Work— .......... ...................6-9.2
Emergencies ... ............................................
5.23
ENGINEER's evaluation, Substitutes
or "Or-Csqual" Items_.._......._.........¢.7.3
For Acts and Omissions
of Others ......... ............ .....:..¢.9.1-6.9.2, 9.13
for deductible amounts,insurance...................5.9
general........................................6, 7.2,
7.3, 3:9
Hazardous Communication Programs.,,,-...
... 6.22
Indemnification ................ ......... 6.........
6.31-6.33
E1CL)C GENERAL COMMONS 1910-81199a ED111ON9
wf CITY OF FORT COLLINS MODIFICATIONS (RF.V 91")
Labor, Material and kquipment
6 1-6.5
CON TRACIORS--other _..... .._._.....
_._..7
Laws and Regulations ..... ........„6,14
Contractual Liability Insurance_ _ _._..
__SA 11)
Liability lnsurance __., ...... __-......_.....5.4
Contractuul TimrLimris
Article or
Paragraph
Article or Paragraph
'dumber
Number
Notice of variation from Contract
Coordination --
Documents. .-.- ...... -.._ _._ ._...ci.27
CONfRACFORsresponsibihtq
Parent Fees and Royalties
6.12
Copies ofDoc:uments.
Permits........_.....- _........6,13
Correction Period- _
13,12
Progress Schedule. .... _. _-_ _._._
.-, 6.6
Correction, Removal or Acceptance
Record Documents... ........ ..._.__...6.19
ofDefertive %Vork--
related Work performed prior to
in general,,,,,10.4.1,
13.10-13.14
LiNGINEER's approval orrequired
acceptance afDefective Work .. .................13.13
Submittals ........... ._......_.......,_6.23
Correction or Removal of
safe structural loading,_--
Defective Work ............... .. ___.-6.30,
13.11
Safety and Protection ........ -.620,
T2, 13,2
Correction Period...-, -._ _..._
........13 12
Safety Representative,,,,, ,,,,,,,,,,, ......_._.-.
6.21
0ANERMayCorrectDe{ecdve Work ...
Scheduling the Work..................................6i
92
OWNER 4\1ty Stop Work .............. .......,
........... 13.10
Shop Drawings and Samples ....... __._...._...6.24
Cost--
Shop Drawings and Samplcs Review
of'rests and Inspections ...... .... .... .-.
_ _.. . ,I 3-4
by ENONNZER........ .- ............ ._......
.._.6.26
Record411.7
Site Cleanliness ........... _.......__..............
j617
Cost ofthe Work—
Submittal Procedures...................................6.15
Bonds and Insurance, additional................._I1,4,5.9
Substitute Construction Methods
Cash Discounts ............_................................11.4.2
and Procedures ..........................._._.,,,6-7.2
CON'1RACTOR'sFee,.....
..,,,..._. 11.6
Substitutes and "Or -Equal" Items ...... ........6.7.1
Employee Expenses„_....
11.4.5.1
Superintendence_..... ...................__,.,,.....,,,6.I
Exclusions to. ............... ......,,.,...... .._......_.......
111.5
Supervision. ........... ... . .. _............. ............
6.1
Genera111,4-11.5
survival of Obligations................................634
Home office and overhead expenses ....................
1 L5
Taxes............................................................15
Losses and damages.....................................11,4.5.6
Tests and Inspections __...._,__.._........._;..-..,13.5
Materials and equipment,.___. .......
,...... -11A2
To Report .... ....... ...... ..._.........._....,......._._.,-).5
,...... .......................
Minor expenses.. _
,... 11.4.5.5
Use of Premises..._............0.16-6.18, 6.30.2.4
_ ......
Payroll costs on changes.............. ........
..
.....11.4-1
...
Review Prior to Shop Drawing or
performed by Subcontractors ............. ..............
If 4.3
Sample Submittal........................................6.2
Records 11.7
Right to adjustment for changes in the Work ... _10,2
Rentals of cons(ruction equipment
right to claim .-..,........ ,7.1,9A,9.5,9.11,10.Z112,
and machinery,,,.._...........:....................I14.5.3
...........1 L9, 12.1, 13.9, 14.8, 15.1,
15.5, 17.3
Royalty payments, permits and
Safety and Protection ..................620-6.22 7.2, 13.2
license fees .................
11.4.5.5
Safety Representative ....... ..................... ............
6.21
Site office and temporary facilities_ ._....
..... 11.4 5.2
Sho Draw s and Sample-, Submitutl ,,,.,6...4-6:28
Shop Drawings p ;
^
S clot
, pe ' Consultants; CONrRACTOR's............
)1.4.4
Special Consultants_. ............... _...................11A.4
Supplemental _... ....... -.... ........._......
...._....,11.4.5
Substitute Construction Methods and Procedurcg_63
Taxes related to the Work,...., ---- I .................
11.4.5,4
Substitutes and "Or -Equal" Items,
Tests and Inspection.... .................. ._...
._.....,13.4
Expense .......... ................ ........... _... 6.7.1, 6.7.2
Trade Discounts, .... ....................... .................
11.4.2
Subcontractors, Suppliers and Others ...........
Utilities, fuel and sanitary facilities..,.,..,_...
11.4.5 7
Supervision and Superintendene4........ .6.1,
6.2, 6.21
Work after regular hours ............... ___
.... ...... 11 A.1
Taxes. Payment by .. ............. ....._...... ..._......
.--- 6_i5
Covering Work ......... ................. .............
..... 13.6-13.7
Use of Premises ........ .......,,,,------ .-6.16.6.18
Cumulative Remedies... ......... .......... ..... .
....... 7,4-IT5
Warranties and guarantees...-,,,,.,,__,.._,,.,.,
6.5, 6.30
Cutting, fitting and patching._.,,_,...._ .................._
T2
Warranty of Title. ............. __ ...................
........ 14.3
Data, to be furnished by OWNER.............................
K:3
Written Notice Required—
Day--definitionof...................................
.......... 1T12
CONTRACTOR stop Work or terminate
........ 15.5
Decisions on Disputes ...................................
9,11, 9.12
Reports of Differing Subsurfaee
defective --definition of _.....
and Physical Conditions .......................4.2.3
d?fecthv Work--
SubstantialCompleticm........................._.....14.8
Acceptance of. ..... ...................... -... .......
10.4.1, 13.13
viii
EJCIV GENGRAt, CONDMON'S
1910-8 0990 E1)I1"ION)
w,• CITY- OF FORT (70MINS NIOD(IICA
n ONS (REV 9(9%
Corrcetion or Removal of 104 1, 1311
Correction Period 13.12
in general ....... . ... ..... 14.7. 14.11
Article or paragraph
Number
Observation by kNt31NFFR
92
OWNER May Stop Work
10
Prcimptl Notice ol Del-ects
I
Rejecting ..... ...
Uncovering the Wor$
Definitions
Delays .................. .. 4 1; 629, 12.3-12 4
Delivery of Bonds_......... ...............
Delivery of certificates of insurance--_._.....................2.7
Determinations for Unit Prices
Differing Subsurface or Physical Conditions—
Notice of .... _: ........
4.2.3
ENGINTERs Review
4. 2. 4
Possible Contract Documents Charge ...............4.15
Possible Price and Time.-; Adjustments ...
.... ..42,6
Discrepancies -Reporting
and Resolving, ...... ... ..... . ...... 2,5, 3.3.2, 6.14.2
Dispute Resolution --
Agreement .............. .......... ....... ..............
16.1-16.6
Arbitration.,_ ............ ......... _ ........ .......
16,1-16.5
general 16
Mediation .......................... ...... ...
....... J6.6
Dispute Resolution Agreement ................ ....
16.1-16,6
Disputes, Decisions by FNQIKEER_ ............
_.9. 11-9.12
Documents --
Copies of -
2-1
Record 6.19
Reuse of
$.7
Drawings --definition of......_ ....... ... . .... ....
Easement-,
4. 1
Effective date of Agreement definition
j. 16
Emergencies........ ....... ....... ........... . . ......
ENGINEER -
as initial interpreter on disputes,,,,,,,,,,,,,_,
9.11-9.12
definition o( ... _ ...... _ ...............
17
Limitations on authority and responsibilities,,,,, 9.13
Replacement of,........._ .. ...... ...... ......
�8 ,
Resident Project Representative... ..............
....... _93
ENGINEERS Consultant -- definition of ...
....... I. is
ENGlNEERs--
authority and responsibility, limitations on .......9.13
Authorized Variations in the Worlf.....................9.5
Change Orders, responsibility for. _ .93, 10, 11, 12
Clarifications and Interpretations ............
.3.6.3, 9.4
Decisions on Dispute4 ............... I..............!).
11-9. 12
defective Work, notice of ....... .......... .......
....... 13-1
Evaluation of Substitute Items..,-,„_ ... ........
... 0,73
Liability .................................... ....... __ ...
6.32,9-12
Notice Work is Acceptable_-_- 11 1 ........
_... _34.13
Observations ............. ..6.30.2,
9.2
ix
OWNER"s Representative
91
Pavinents to the I OR,
Responsibility for .. .......
99, 14
Recommendation of Pityrrient, ...
..... ]4A, 14.13
Article or Paragraph
Number
Responsibilities--LitilitLitions on
9.11-9.13
Review of Reports on DillermL Subsurface
and Physical onditiors-, ......
... ........ .4,2A
Shop Drawing
s P ,s and Samples, review
responsibility..... ..
15.26
Status During Construi;tion
authorized variations in the Work
9.5
Clarifications and Interpretations,,,,..,,____,,,.
9.4
Decisions on Disputes, .... .... _ ..
............
9.11-9.12
Determinations on Unit Price,,,-- * _
............. 9.10
ENGINEER as Initial Interpreter ..........
9.11-9.12
ENGINEER's Responsibilities ... .......
.... 9.1-9,12
Limitations on FNGTNEERs Authority
and Responsibilitics... ...........................
9,13
OWNI.-A's Representative ..............
........ _ 9.1
Project Representative .... ... _ .. ....
...... 9.3
Rejecting Dcjevhve Work ..............................9.6
Shop Drawings, Change Orders
and Pavinents. . . . ...........
...... 9.7-9.9
Visits to Site ......
9.2
Unit Price determinations
9.10
Visits to Sjte____
Written consent required ..............................
�7.2, 9.1
Equipment, Labor, Materials and _ ......................
0.3-6.5
Equipment rental, Cost of the Work_ . ..........
_1 1 A. i. 3
Equivalent Materials and Equipment, ..............
_ ...... §3
error or omissions..........._...,..._......,...._.............
.6.33
Evidence of Financial Arrangements ........
........... .F, I I
Explorations of physical conditions , * ......................
4.2,1
Fee, CONTRACTORs--CostsPlus. ..........................
)1.6
Field Order --
definition of
1.19
issued by ENGINEER,,,,,,,,,,,,,,,,,,
_ 3.6.1, 9.5
Final Application for Payment., .......... .... _____14.12
Final Inspection .................. .................................
J4,11
Final Payment --
and Acceptance ... ........
14.13-14.14
Prior to, for ......
11.8
General Provisions ..................
17.3-17.4
General Requirements --
definition of
)20
principal references to .......... 16. 6A,
6.6-6.7. 6,24
Giving Notice .................
17.1
Guarantee of 1"k--�by CONTRACTOR., ......
15.30, 14.12
Hazard Communication Programs ........ .............
22
Hazardous Waste—
definition of
_).21
general... ... . .. ......
_ ........ ... 4.5
OWNER's responsibility fo...............................
fi.10
t-,'J(.'IX.*i3F'NlAR.C.CONDITIONS l9lD.Stl99i)EDITION)
wl ('1T)(OF FORT COLUNS MODIFICATIONS (REV 91")
SECTION 00020
INVITATION TO BID
Date: October 06, 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 November 1. 2005, for the Lee Martinez Farm Addition; BID NO. 5942. If
delivered, they are to be delivered to 215 North Mason Street, 2"d Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580,
Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for the construction of a 625 sq. ft. addition
to the Lee Martinez Farm administrative building including building envelope
from foundation through finishes, related sitework, utilities and landscaping.
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 October 11, 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, 80524 upon payment of a refundable fee of
Fifty 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. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
4. Construction News Service, 4775 Centennial Blvd Ste 150, Colorado
Springs, Colorado.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 600 N Sherwood, Fort Collins, CO 80521 on October 18, 2005, at
10:00 A.M.
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.
Indemnification
Initially Acceptable Schedules
Inspection—
Certificates of
Final
11-1 6,16. 631-6 .31
1 -9
..9.13.4, 13,5, 14 12
I I ...... "1 1 .1 .... ... 14 11
Article or Riragraph
Number
Special, required byENGINEER1 11 1 1 11 r 9 6
Tests and Approval, 8 7, 13 3-13 4
Insurance --
Acceptance of. by OWNF R .... .. . 5. 14
Additional, required by changes
in the Work,,,. 11.4.5.9
Before starting the Work
Bonds and --in general '
Certificates 5, 5.3, 5Al 1, 5A.I.3,
....................5.6.5. 5,8, 5.14, 9.13A 14.12
completed operations .... ....... ...... 5.4.13
CON T RACTOR's Liability...--....._ . .... .. . ....... 5.4
CONTR-ACTOR's objection to coverage ..... __ ... 5,14
Contractual Liability ....
deductible amounts, CONTRACTOR's
responsibility ..... _ ......... .............
.... j ')
Final Application for Payment,,,,,,,,,,,,,,_,.___..
14.12
Licensed Insurers ........................................
...... 5.3
Notice requirements, material changes ........
5,8, 10.5
Option to Replace.
I't
other special insurance%, ...................................
.... ).10
O`Ar,M its fiduciary for insureds .........
_512-5,13
OWNER's Liability
5.5
OWNEWs Responsibility .......... .............
. ....... 8.5
Partial Utilization. Property Insurance ........
... _ 5.15
Property,, ... _ ..... ......... ........ .... _
_J.6-5. K)
Receipt and Application of Insurance
proceeds._ ... __ ........ .......... ..........
5. 12-5. 13
Special Insurance.. .... ...... _ ...............
... 510
Waiver of Rights_ ...... ....... __ _ ...............5.11
Intent of Contract Documents ' ......... ...........
..... 3,1-3.4
Interpretations and Clarification i s ....... .............
3,63, 9.4
Investigations of physical conditions_ .... ............
... �4 2
Labor. Materials and Equipment... ..... ................
63-63
Lands --
and Easements..........._ ...... ...............
...... 8A
Availability of ............ ................ _ ..............
4.L 9.4
Reports and Tests ................. ............ .........
... 8.4
Laws and Regulatioris.-Diws, or Regulations--
Bonds .................. ......... ...............
51-5"
Changes in the Work .............. ....... ,
. ___ . 104
Contract Eknuments ... --- * .
.... ......... 3.1
ite
CONTRACTORsR at ili s
6.14
Correction Period, defective Work. � ..............
_JiU
Cost of the Work, taxes ...... ..............
____ ' 1145.4
definition of ..... ..... ........ . ....
... -
gencra16.14
Indemnification., ..... ...... ...... ....... 6.31-633
111SUraricc
5.3
Precedence
.3 1, 3,31 3
Rcft:rencc to
I., I
I . 0 �
Safety and Protection
_620, 132
Subcontractors, Suppliers and Other,,
68-6 It
Article
or NT;iggraph
umber
Tests and Inspections_
135
(se of Premises_
Visits to Site
9,2
Liability Insurance --
CO ] RACTOR's
..... 5_4
0WINER5 .......
.. 5.5
Licensed Sureties and Insurers............_......-...,
5.3
Liens --
Application for Progress Payroen!_ ... .
.........14.2
CONURA(JOR's Warranty ofTitle ......
.. ..... 14.3
Final Application for Payment ..........................14.12
definition of
1.21
Waiver of Claims ......
1415
Limitations on ENGINEER's authority and
responsibilities...._._... _ _ _ .. ............
... 913
Limited Reliance Vn' CONI RAM'(*
Authorized .....
' ' ... .. ....... ... . .... .
. �11
.....
%,taintenance and Operating MmivaL�--
Final Application for Payment__.... .......
... _ ... 14.12
n4anuals (of others') --
Precedence. _....
Reference to in Contract Documents ...................
33.1
Materials and equipment --
furnished by CONTRAC`r0R ....
A.' )
not incorporated in Work.___......_ .....
...... 14.2
IMateTittis or equipment --equivalent_...._....._....
....... 0.7
-Mediation (Optionatl ............................ .....
......... 6.7
\,filestories--definition of
................... _ ....... I ..........
-4
Computat ion ofTimes .... ...
...... .1 T2
Cumulative Remedies......_.._........_
17.4
Giving Notice............_ . ...............
7.1
Notice or Claim._
Professional Fees and Court Costs Included,,,,...- IT5
Multi -prima contracts..._......._.._ ............
..... ....7
Not Shown or Indicated....._.. ....... ................4.3.2
Notice of --
Acceptability of Project_...... .........................14.13
Award, definition ..........................1.25
Claim...... .....................................
....... J.7.3
Derects.13.1
Differing Subsurface or Physical Conditions 4_23
Giving.. .................. ....... ........ ..............
1,7.1
Tests and Inspections ....... ..
..................
. .. .. J3 -3
Variation, Shop Drawing and Sample .................
¢.27
Notice to Proceed—
definition of .......... ............ ..............
J.-6'
Livingof_ ..... ................ _ . .. .................
...... 12.3
EK'LX: GMENIF ILAI, COINDI FIONS 1910 -8 (1991) EDMON)
W GTY OF FORT COLLINS MODITICATIONS (REV 91")
Notification to Surety..
...10,5
Olxervations, by ENGINFER _.....
........ ..........6:3U. 9?
Occupancy of the Work..................5.15,
630,2.4, 14.10
Omissions or acts by CONTRACTOR ....... .... _.G.9, 9.13
Open PariI policy form, Insurance, ,
.............. _ ....... 5.6.2
Option to Replace .......................
......5,14
Article or paragraph
Num her
"Or Equal" Items_ _...... _ ........
6.7
Other work 7
Overtime Work --prohibition of ..... __..........__.....
....._ 6.3
OIVNER--
Acceptance ofde*rwe Work_.__ .................13.13
appoint an ENGINEER... _ _......................
_...... 8.1
as fiduciary.. ... ................_.._............._..>.I2-5.13
Availability of Lands. responsibility ...................
4.1
definition of,......_.............................................1.27
data. furnish... ........ ..... _ _....
8.3
May Correct Dtz echve Work ............. ............
..13,14
May refuse to make payment
.......14.7
\]ay Stop the Wrork..____......_......:..................1
10
May Suspend Work,
Terminate_,... ....... _ .. .... 13.10,
15.1-15.4
Payment, make prompt.....................5.3, 14A,
14,13
performance: of other work ..................................
7A
permits and licenses, requirements..,, .....„-.......
t .13
purchased insurance requirements ...............5.6-5.10
OW'NER's--
Acceptance of the Work ............. ................
0,30,2.5
Change Orders, obligation to execute..........8.6,
10.4
Coin m unications,
8.1
Coordination of the Work_,.__..,_...,
Z4
Disputes, request for decision,,,,,,,,,,,,,,,,_,.
.....9.11
Inspections. tests and approvals, .................
$3, 13A
Liability Insurance......,- ........... _ ......... 11
..... ,5.5
Notice of Defects...........................................
".
.--13.1
Representative --During Construction,
1NC,INESR's Status :.............. ..................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material8.10
Change Orders ................ ..............................
9.6
Changes in the Work._...._................._..._..10.1
communications ................... ...............:...
8.1
CONTRACTORS responsibilities ..................
89
evidence of financial arrangements:.............$.11
inspections. tests and approvals;, . .........
. .....83
insurance... ..... _............................................
8.5
lands and easements,_..................................8.4
prompt payment by,-, ... ......... ........ ........
replacement of ENGTr`]F,ER..........................
13.2
reports and tests,_.....,,,,,.
stop or suspend Work .... ............. 4.8,13.10, 1.5A
terminate CONi'RACTOR's
services._.._....__._.._.. _.................8.8,
15.2
separate representative at site ..............................9
3
xi
testing, independent ...... ___...._ _13A
use or occupancy
of the Work ....... ........... ..'.I5, 6,3014. 14.10
written consent or approval
required....._ . ... ....... ... ..... . .91.63, IIA
EJCLX' GEMaAL COMI IONS 1910-8 (1990 MI.11Oi)
wl CITY OF FORT COLUNIS MODIFICAITONS (REV 9199)
Article or Paragraph
Number
written notice required
7 1, 9,4- 9 11,
112,
147, 1>4
definition of
1_9
gcncrifl ....... ...... .. ......
4 S
OWNER's respunsibiluy tor_._
Partial I.iihzation_
definition of
18
Penera163n.14, 14.10
Property Insurance
Patent Fee-, and Royalties
6, 1
Payment Bonds_ ........ . .................
Payments, Recommendation of.....-...
7, 14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPaymerits.
,142
Final Application for Payment ..................._.....14
12
Final Inspection.... .. _ ....... . _ .............
. . .. . 14 11
Final Payment and Acceptance
.14 11-14,14
general
S. 1 14
Partial .......... ....
.... ., 14 10
Retainage ...........................................
.............14.'_
Review of Applications, for
ProgressPayrnients ...
....... 14,4-147
prompt payment,,
Schedule Of Values,.... ........... ....... .
14.1
Substantial Completion, . ..... I r r .... 1.1
1 " .14-8-14.9
Waiver of Claims ............................................14.15
when payments due ......... ......... .........
34.4, 14r13
withholding payment
14, 1
Performance Bonds ........ ...........
Permits ...... ... ....
... 6.11
Petroleum --
definition of..... ... ......... I ........
I ........
general........ ............... ..............
....... ....... 4,f
OWNMR's responsibility for.......
8'10
Physical Conditions—
Drawings of, in or relating to ..... ......
4. 2.1.2
ENGINFERs review ........................................
a2.4
existing stnuctures�. ........... ..... .... ... ...
4L2."
general 4.2. 1 .2
'u"b'surface
Notice of DifferingSubsurface or ...........
....... 4.2.3
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments ..............
g- 2, 6
Reports and Drawings.....................................
4_2. 1
Subsurface and . ........... ... 1 ....... I --------
4,2
Subsurface Conditions
Technical Data, Limitedie'liatic'e,by
CONTRACTOR Authorized_ ....................4
2.2
Underground Facilities --
general........................................................4
3
Not Shown or Indicaed
..9.3.2
protection of
020
Article or Paragraph
Number
Shown or Indicate(].... .. . ...............
43,1
Technical Data_
2 2)
Prcconstruvtion Conference.,...... I ..................
preliminary Xlatters-.1 ... ...
]It elini inari- Schedules
2.6
Premises. 6sc of
6. 1 6 6 18
Price. Change of Contract
Price, Contract --definition of ... ... ........... ...
...
Progress Payment, Applications for .... .....
... _
Progrms Payinent--retainace
14.2
Progress schedule, CON l'KAC'J OR's ..... _ ...... 2.6, 2.8, 2-9,
6.6.6.29. 10.4, 15.2.1
Project --definition of, .. . ................. ........... ....
.... 1.31
Project Representative--
EENGENEEMs Status During Construction............
9.3
]'reject Representative, Resident --definition of
1.33
prompt payment by OWNER .....................................8.3
Property I nsurance
AdditiortaIL'. ...... ..
........ 5.7
general5.6-5. 10
Partial Utilization ........... S-15,
14,10.2
receipt and application of proceeds .............
5. 12-5.13
Protection, Safety and ................... _ ........ ().20.6,21, 112
Punch list ...... . ....... ............
J4.11
Radioactive Material—
defintion of
genera14 i
OWNHR's responsibility for ...... ..........
?30
Recommendation of Payment__ ............ 14.4, 14.5,
14,13
Record Documents 1412
Records, procedures for maintaining ..... ......
....... 2.8
Reference Points ......... _ ........... ...........
4.4
Reference to Standards and Specifications
of Technical &)cictics .........................................3.3
Regulations. Laws and (or) ........................
......... 6.14
R�jcctin_gDqfective Work
9.6
Related Work—
at Site ...... Ill ........
17'1-7.3
Performed prior to Shop Drawings
and Samples submittals review ............
....... A 228
Remedies. cuniulative ........... ... ............ ....
174,17.5
Removal or Correction ofDofective Work... .............
13.11
rental agreem cuts. OWNER approval required,
.... 11 A.5.3
replacement of ENGINEER, by OWNER; ... .............
_ K2
Reporting and Resolving
Discrepancies, ................................2.5, 3.3.2,
614.2
Reports --
and Drawings ....... ........ _ ...... . .......
........ 4.2,1
and Tests, OIAINUts responsibility .....................FA
Resident and Project Representative—
definition of ................... ...............
1. 33
provision for... ..... ............. ........ .......... ............`�3
Xii EXIX' OENLRLAL CONDITION'S 1910-8 (1990 MMON)
W! (I TY Of FORT COIIINSZlODIFICAnONS(RE V9i9S')
Article or Nragriph
Number
Resident Superintendent, CONTRLACTOWs ...
Responsibilities—
CONTRACTOR's-in gencril
ENGINEIR's-in general,
...
Limitations on
13
O�N7,MR.'s-in general.,
Retainage ., . _ .........
..... . . ...... .. 14.22
Reuse of Documents . . ....
17
Review In, CONTRACTOR: Shoji Drawings
and itimples; Prior to Submittal
(j 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 ..................................
Safe Structural Loriding...
Safety --
and Proiection_ ....... ........
4.3.2, 6.16, 6.1.8,
--------- 6.20-6.21,
7-1, 13.2
genet -at ............ .......... ......... _
............ (),2()-6_23
Representative, CONTRACTORs .......................6.21
Samples-- amples—
definition of .... ..................
......... .......1.34
general ... .... ___ ... ............ .................
_0.24-6.18
Review by CONTRACTOR , ..............
Review by ENGINEER„ ............. ....
_ ........ i26, 6,27
related Work .....................................................0.28
submittal of.._._...... ..
... * ..... _ ..................
0-24,2
submittal procedures ..........................
........ _.0.25
Schedule Of progress„--„ ... ........ ..........
2,6, 2.8-2.9, 6.6,
... ___ .... ......... ...............
6.29, 10.4, 1521
Schedule of Shop Drawing and Sample
Submittals ................. ............ 2,15,
2.8-2.9, 6.24-6.28
Schedule of Values... ......... ........
-2.6, 2.8-2-9, 14.1
Schedules --
Adherence to,
Adjusting., .......... ...................
..............
Change of Contract Times................................10.4
Initially Acceptable ........................
......... -.2.8, 2 9
Preliminary......._ _...........................
.
Scope of Changes-....-...„ ............
.......... 10.3-10.4
Subsvirfacc Conditions
4.2,1.1
Shop Drawings --
and Samples, general_ ..... ...............
_ ........ 6,24.6,28
Change Orders & Applicatiomi for
Payments, and- .........
_ ......... 9,7-9.9
definition of
_.J.35
FNGINSER!s approval of ....... ___
.................. 3-6:2
ENGINEERS responsibility
for review ... ............. ........ ...........
9.7, 6,24-6-28
related Work
�O'8
review procedure......-,,,,, ....................2.8,
6.24-6.28
Article or Paragraph
Number
submittal required
1 624,1
Submittal Procedures............_............ ..........
625
use to approve SUI)MAL1110111
Shown or Indicated,,,_,.,.__,.....,.....__......_...........
Site Awes._.-
7.2. 13.2
Site Cleanliness
0. 17
Site, Visits - to
Lw EN G INT E R
112
byothers.
..13.2
.special causes of loss" pokey form,
insurarim,__
5.6.2
definition of . . .... .... . ... .... ......
......... 1.36
Specifications—
defination of..._... .. ..........
J.36
of Technical Societies, reference to
1. 3,1
precedence.......................................................1.
3.3
Standards and Specifications,
of Technical &)cieties
33
Starting Construction, rkl'ore
Starting the 'Worl . ..... .. .. .. . ......
.... 1.4
Stop or Suspend Work --
by CONTRACTOR ..........................................13.5
by OWNER__.._......._.. ...... .... .... 8.8, 13.10,
151
Storage ofmaterials and equipment., .... ....... _
_1411, 7.2
Structural Loading. Safety,....._,.,-,.......
....... 6.18
Subcontractor--
Concerning ......................... __ ...... ...........
6. 8-(,-1 1
definition 0( ........ ...........................................1.37
delays....... _ ........... _ __ _ - . .........
_12-3
waiver of rights.._.......
..15.11
Subcontractors --in general,, ........
Subcontracts --required provisions_.,...,_ 11, 6
11, 11.4.3
Subm ittals--
Applications for Pkym cut ............................
....... . .. ..... .......
14,2
Maintenance and Operation Manuals ..........
.... 14.12
Procedures................ __ .. ...... ......... ..........
_0.25
Progress Schedules--...., .......... ....... ........
2.6,2.9
Samples ...... .......... .... .... ...........
6.24-6.2 .8
Schedule of Valdes-,-,-...... ......... ...............
2.6,14.1
Schedule of Shop Drawings and Samples
Submissions _2.6,
2.8-2.9
Shop Drawings..._..........._ .... ... ...
624-6.28
Saw initial Completion --
certification of
14.8-14.9
definition of ......... ......... ..............
..... J38
Substitute Construction Method.- or Procedures
..... •..6.7.2
Substitutes and "Or Equal" Items.__ . .
......... 6.7
CCINTRACTOR!s Expense........_ ........
_ _6. 7.1.3
ENGINEERs Evaluation., ....... ..........
....... 6.7.3
"OT-Equal"..................... ........ ...........
..... 617 1.1
Substitute Construction lk-fathods
UCL)U UNLRAL CONDITIONS 1910-8 (1990 EDHION)
ir/ CITY OF FORT COI.I.NSMODIFICAMNS (REV 9199)
Article or Paragraph
Number
or Procedures
6-7.2
Substitute Items
6 T 1.2
SUbS'UTfi'IU and P11\Siml Conditions_
Drawinus of, in or relaung to ........4.2.1.2
EN( AN.EER's Review
4 14
Limited Reliance by coITR_%(ToR
Authorized
4.2-2
Notice of DifferM Subsurface or
Physical Conditions
Physical Conditions ......
... 42.1.2
Possible Contract Documents Change
Possible Price andTirnes Adjustments ............4.2.6
Reports, and Drawings. ...... .....
...... 42 1
Subsurface and .............. ....... ...... .
... ... 4.2
Subsurface Conditions at the Site
4.11-1
Technical Data_
A2.2
Supervision—
CONTI2-\(,'TOIZ'srespoii.sibjlitvl.,.,,.',,
...... 6. 1
OWNER shall notsupervi.se........ .. . * .. .............
8.9
ENGINEER shall nor supeivisq ................93
9.13:2
Superintendence., ...... _ ..............
_16-2
Superintendent, CONITRACTORs resident,.,,.
.... I ..... 6.2
Supplemental costs . ...
...... . 11.4.5
Supplementary Conditions --
definition of, ....... __ ................ ........................1.39
principal references to ....... ...... _Y10, 1,18,
2'2, 2.7,
4.2 4 3, 5.1, 5.3,
5,4, 5.6-5.9,
5. 1 L 6.8, 6.13, 7.4, 8.11.
9.3, 9.10
Supplementing Contract Document-, .........................3.6
Supplier_
definition of
1 A0
Principal references to ............ 3.7, &5, 68-6,11,
6,20,
AN, 9.13, 14.12
Waiver of Rights..... ..... ... .........
......... 6Al
Surety—
consent to final payment_ ...... . ...........
14,12, 14.14
ENGINEER hus no duty to . .. ..... .... I .......
11 ........ 9,13
Notification of..._... .. ..... . ..... 10-1,
10.5, 15.2
qualification of - ' - * .... .............
_5,1-53
:-
Survival of Obligations,.,,,,_ .......... _ ..............
1 11.634
Suspend Work. OWNER May ... ............... __13.10,
15A
Suspension of Work and Term ination ...........
............ 15
CONTRACTORN'tay Stop Work
or Terminate ......
15.5
OWNER May Suspend Work .... .....
15.1
OWNER May Terminate .......... _ ...............
_15.2-15.4
Tales—Pnyment by COINTRX-rOk .... ___.............4.15
Technical Dwa
Limited Reliance by CONITRACTOF F..................4.12
Possible Price and Times Adjustments
..... _4,16
Reports of Differing Subsurface and
Physical Conditions,,,,,,,,,,,,,,_
MY
...... 4.2.3
'I ciriporary construction facilities,. 41
Article or Paragraph
N I
umtxr
Tenn inatjon
by CON FTRACTOR
15 S
b,v oW\,FR ...... .................
...... S' X, li J-1 s 4
ofENUtNEER'scinploymcni _ 1
- � I 1 8.2
Suspension of Work-in general,
ji
Terms. and AdjectivLs
Tests and Inspections --
Access to the Work, byother .
CONTRACTOR's responsibilities ...
cost of 13.4
covering Work prior to., � ....... ......
J36-117
Laws andRegulations; (or).. .........
13.5
Notice of Defects, I ... ......
13,1
OWNER Nlay Stop Work
....... 13,111-
OININER's independent testing ......
.................. j3 4
special, required ley ENGINEER,
9.6
timely notice required„„..... ......
... .... 'Irr' 13A
Uncovering theWork. at ENO MERs
request .... ... . ............ ... ..
............ . 13.8-13.9
Times—
Adjusting.......... ....................
......... ............ 0.6
Change of ContractI I. I I I I .......
Computation of..., ..... ..... I .... 1— ........
Contract Times --definition of. ......
12
day
1 1, ,,, I "'Ir ' ...
1-11 ..... .. . .17.12
-
Milestones............. ........ _ ........................
12
Requirements—
appeals. ...
_9.10, 16
clarifications,
claims and disputes, ..... ......
11, 11.2, 122
Commencement of Contract Tinte, 2, 3
Precon-truction Conference ..........................'.8
schedules.........................................2.0,
2.9, 6,6
Starring the Work ..........
...... _ .......... 14
Title, Warranty of. . ...... _ ... .................
... _ ............. 14.3
Uncovering Work ...... ...........................
.......... 13.8-13.9
Underground Facilities, Physical Conclitions_
definition of
1.41
Not Shown a Indicated___ .............................
4.3.2
protection of .......... ........... _ .................
43, 6.20
Shown or Indicated ........
...... 4.3.1
Unit Price Work—
claims
_11.9.3
definition of ...................................
......... _ j. 42
general] 1.9. 14.1, 14.5
Unit ,Pricc-,-
gencrall 1.3,1
Determination for
9-10
Use of Premises . .... — ....... ........
6.16, 6.18, 6.30,2-4
Utility owners,,,-,,.*....................6.13, 6.20, 7,1- 7.3, 13.2
Utilization, Partial ........... .. __J,28, 5.15, 6.30.14, 14.11)
Value of the Work
11.3
Values, Schedule of.. _.............. ...
.6. 18-2.9, 14.1
10CDC. GENERAL CONDITIONS
1910-8 (IM EDITION)
VIC,ITY OF IM COLLIM
X10DIRCA noms (Rr.v 9/99)
Variations in Work- Minor
Authorized _...___.... t)."-S. 6 27, 9.5
.....................
/Uticle or Paragraph
Numtxr
Visits to Sitc--by ENCifNEER..................„_,_..,,,,_..
9 _^
Waiver of Claims --on final Payment
.14 15
Waiver of Rights by insured parties ..................
.1 L 6.11
W arrunly and Guarantee. Generel--bv
CONTRA(:'TOR .. ...............................
_4-3t)
th'arranty of 'ritle.. CONTRAC'TOR's. ...
._ . 14.3
Work --
Access to
by others .................................. .............................
7
Chunges in the.._.._.._ .... .......
........ .........1.0
Continuing the. .....
_.. _. ... .29
6
CONTRACTOR May Stop Work
or Terminate.......... ......................
Coordination of.. ..... .._.__....._.........-.__
...,__T4
Cost of the......................_.........................11.4-11.5
definition of
1 43
neglected by CO'\9 RACT(,)R ......
13.14
otherW'ork._..................._....._....._......._
_... ....7
OWNER May Stop Work ....... -. _. _...
_..........13.10
OWNER May Suspend Work ...................13.10,
15 1
Related, Work at Site..... ....... 11 ........
...... 7.1-73
Starting the,, ............ _........... ...
.............._14
Stopping by CONTRACTOR ....................
_ ......I'55
Stopping by OW`N"ER....... ...... ..................
15.1-15.4
Variation and deviation authorized, minor,_ "..-_.3.6
Work Change Directive—
claims pursuant to.............................................10.2
definition of
1.44
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,
........................ ti.6.2, 6.3.2,
6.19, 10A, 10.4,
_......_..............." 11.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations .............."
„3.6.3, 9.4, 9.11
Written Notice Reyulred—
by CONTRACTOR ................ .............
.7.1. 9.10-9,11,
_.........................._...........--
10.4, 11.2, 12.1
by OWNER....................9.10.9,11, 10.4, 112 13,14
xv EXAC UFNL•.RAL CONm noNS 191 o-s (199a Ei)rnON1
w/ C1TY OF FORT C MUNS MODiFICA770NS (REV 909)
(Thu gaga left blank intcnrimally)
x%i BJC,7X: GENEIM CONDITIONS 1910-311WO Wil [ON)
w/ CITY OF FORT COWNS NIODIFICA-n ONS (REV 9i99)
i
GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
1\"herever used in their General Conditions or in the other
Contract Documents the following temis base the
mcanings indiuued which are appliotble to both the
singular and plural thereof
1 1.-ldcknda—Written +v graphic instruments issued
prior to the opening of Bids which clarify. correct or
change the Bidding Requirements or the Contract
I locum eats.
12. Agreement The written contract hatween OWNER
and CONTRACTOR coverum the Work to be perforated
other Contract DOCU tents are attached to the Agoreentcnt
and made a part thereof as provided therein.
1.3- Application for Payment —I he form accepted by
IaNGINEER which is to he used by CONTRACTOR in
requesting prowess or final Payments and which is to he
accompanied by such supporting documentation as is
required by the Contract i)ocumcnis
1 A. Asbestos —Any material dual 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 Status Occupational Safety and Health
Administration.
13, Bid —The otter of proposal of the bidder submitted
on die prescribed form setting torah the prim for the Work
to be performed.
1.6. BhUg Dexnmvnis—The advertisement or
invitation to Bid, unstnactioras 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 die Bid form.
1.8. Bondy —Performance and Payment bonds and other
instruments of security.
1.9. Change Orcter—A document recommended Iry
R4GINMMR, which is signed by CONTRACTOR and
OWNER and authorizes an additiat 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
Aweement.
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
F:ACDC (32NOLAL CONDI710M 1910-8 (199t) EcInm)
we(71Y 01: FORT C LLItc5 MC3DIF1CATIONS IREV 9Q04ra
xnue are more specifically identified in the Agreement,
to"
ether with all Written Amendments, Chaney Olucre,
Work Change Directives, Field Orders and FINGINEFR's
written intapretalions and clarifications issued pursuant to
paragraphs 3.5. 3.6.1 and 3.63 on or after the Effective
Date of the Agreement. Shop Umwing submittals
approved pursuant to paragraphs 6.36 and 6.27 and the
reports and drawings referred to in paragraphs 4 2. 1 and
4.2 r 2 are not Coniraicl Documents.
I II Comma Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the i'% reement (subject to the provisions of
paragraph I I'9.1 in the case of Unit price Work.).
1.1_. Contract Unies-The numbers of days or the
dates stated in the Agreement: (i).to achieve Substantial
Completion, and (it) to complete the Work so that it is
ready for final payment as evidenced by UNGINWER's
written recommendation of fitml payment in accordance
with paragraph 14.13.
1.13. (UMACT'OR—The person, firm or corporation
with whom OWNER has entered into the Agreement
1 14 diefeclive—An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not confonn to the Contract
i)ountents. 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
E:NGINEER's recommendation of final Payment (unless
responsibility for the protection thereof has been assumed
by OI NFR at Substantial Completion in accordance ance with
paragraph 14.8 or 14, It)).
1.13. 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 mean the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. RVOAi EFvR—The person, firm or corporation
numed as such in the Agreement.
1.1 s. ENGINFEER's Consultant --A person, firm or
corporation having a con", ct with ENGINEER to furnish
services as ENGINEER`s independent professional
associate or ensultant with respect to the Project and who
is identified as such in the Supplementary Condifiam
1.K Field Order -A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1 20. Generul Requrrenienrs—Sectiats of Division 1 of
the Specifications.
1.21. Hazardotra (baste —The term hazardous Waste shall
have the meaning provided in Section H)04 of the Solid
Waste I)isposal .Act (42 Use Section 6903) as amended
from time to time.
1 22.a. Laois and Regulations; Lau or Regulations —Arty
and ull applicable rows, rules, regulations. ordinances.
codes and cutlers of any and all governmental bootie,
agencies, authorities and courts having jurisdiction.
11.22.b. Legal Aohdays--shall be those helidxls_ubserncd
by the City of Fort Col lints.
1.23. Liens—Licris, charges sectrnty interests or
encumbrances upon real property or personal property.
1.2i kilestane--A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
125. Notice ofAwani--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. Nonce to Proceed —A written notice given by
OW°NFR to CONTRACTOR (with a copy to h'NGINFER)
fixing the date on which the Contract Times will
commence to nmand on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
127. OWNER -The public body or authority,
corporation, association firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided
128 Partial Utilizatiat--Use by OWNER of a
substantially completed part of the Work for the purpose
fix which it is intended (or a related purpose) prior to
Substantial Completion of all the Work_
129. PCBs —polychlorinated biphenyls.
I.N. Patrolawn--Petroleum, including erode oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit u sl
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-llazardous Wastes and crude
oils
1.31. Project —The total construction of which the Work
to be provided tinder the Contract Documents may be the
whole, or a pan as indicated elsewhere in the Contract
Documents.
1.32.a. Radioactive Material —Source, special nuclear, or
hyprod uct material as defined by the Atomic Friergy Act of
EXI)C OENEF-AL CON0111obt5192as (1990 Edtim)
RY ciry OF FOKr COLLINS MODIFICATIONS (RBV 4.2000)
19>4 (42 1 CSC Section 2011 ei a-,y ) as amended from
time to time.
I;32b. Regular Ji<ningNarrrs-=Resular tt_ori irt�h_ours
are-__ciclmed0ram._t_cj6iu)pin_.._unless otlnnvise
citied m the Genertl_
Requirements
.
1.33. Resin erw Project Rapresenturrve—The authorized
representative of ENGINEER who may boo assigned to din
site or any part thereof.
1.34. Swnples-1?hysical e.umples 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 he
judged
1.35, Shop Droaings--AII 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
136. Specifications --"those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standard.% and
workmanship as applied to the Work and certain
administrative details applicable thewo.
1,37. Yidicontniclar--An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a prat of the
Work at the site,
1:38. Substmrfial Ccmipietfon—The Work (or a
specified part Uhcreof) has progressed to the point where,
in the opinion of F,RGINEF,R 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 ENGWTER's written recommendation of
final payment in accordance with paragraph 14,13. The
terms "substantially complete" and "suW- antially
completed" as applied to all or pan of the Work refer to
Substantial Completion thereof.
1,39. Supplementary Conditiotn—Tho part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Suppher—A manufacturer, fabricator, supplier,
distributor, materialman or vendor having it direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
]AL Umtergiurard Facilities —.All pipelines, conduit%,
ducts cables, wires, manholes, vaults, tanks tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
I
f.—
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills
and obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 50 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
J44mes B. O'Neill, II, CPPO, FNIGP
Di` e;tor of Risk Management & Purchasing
materials elteiricity, gases, steam, liquid petroleum
products, telephone or other communications. cable
television sewage and drainage removal. traffic or other
control saslems or water.
14'_ Unir hbice Work -Work to he paid for on the basis
of unit priers.
1.43. II"oak--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 perftxmine or furnishing labor and
furnishing and ineorrlj-oratine materials and equipment into
the construction. anfl performing or furnishing services and
furnishine documents all as required by the Contract
Documents
144, Nord" Change Directive -A written directive to
CONTRACTOR, issued en or after the Effective Lane of
the Agreement and signed by OWNIHR and recommended
by ENGINEER ordering an addiduri, deletion of revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
perfomied as provided in pameraph4.2 or 43 or to
emevgencies under paraftmph623. 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
C'hangc Order following negotiations by the patties as to its
effect if any_ on ilk, Contract Price or Contract Times as
provided in paragraph 102,
1,45, WnWn Anxrtcfioxru--A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of die
Agreement and normally dealing with the non ngincering
or rionteclutical rather than strictly construction -related
atspecis of the Contract Documents.
ARTICLE 2-PRELL'+rIINARY MATTERS
Delivery of Bomb:
11. When CONTRACTOR delivers the executed
.Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to Runish in accordance with paragraph S_l.
Copies of Documents,
L.2 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Dccmnenis as are reasonably
necessary for the execution of the Work. Additiomil copies
will be furnished, upon request, at the cost of reproduction.
Coinniencement of Contract Times; Notice to Proceed'
2G. The Contract Times wall commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EXW C,ENERAL 4"0NUA110N5191" (1990Ettitla))
iv1 f:1TY OF FORT CYStLINS Mf)FJIF7CAT10N5 m1tEy 4120001
if a Notice to Proceed is given. on the day indiciled in the
Notice to Proceed. A Notice to Proceed may Ix- given al
any time within thirty days after the Effective Date of the
Agreement-In-m --event--will....4he..._(4,Mracl-Times
tsontntrrwr-korttn-dateF-than-the-sip"t+etlrelan after-the-ilay
of Bid opening or the thirtieth day after the H.fl'ective Dane
of the :Agretinmi. whichever slate is earlier.
Starting the Work:
4. CON'rRACTOR shall start to perform the Work
on the date when the Contract Times commence to tun
but no Work shall hedone at the site prior to the date on
which the Contract Times commence to run.
Before Starling Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify inent
ti�ures shown thereon and all .applicablepertGeld
measurements. CONTRACTOR shall promptly repot in
writing to ENGNEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a tcriltcn interpretation or clarifacaticm from
F,NGTNEF,R before proemcling 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;
2.6A. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stagcs of die Work, including
any Milestones specified in the Contract Documents,
2.6.2. a preliminary schedule of Shop Drrnvirig and
Sample submittals which will list each required
submittal and the times for submitting. reviewing and
processing such submitta4
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
for each review by Eneineer
2.6.3, A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Fria and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
[airing construction Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Wort:.
2.7. Before any Work at the site is started.
CONTRACTOR erA O;P shall eaeh deliver to the
other OWNER. with copies to Ord
ideauified-in�SupplemertNty-Conditwris F.NGINHER.
certificates of insurance (and other evidence of insurance
isrty n l J ticxtal -insured—mrw
rya crtebly-regtwst requested by 0\1NGRl which
CONTRAC70R•en4j(3lk MR-MR-ft-4wwivaly. acre is required
to purchase and maintain in accordance with
paragraphs 5A; 5.6-and 5.7
Preconstruction Confirrenee:
2.8. Within twenty days alley the Contract Times start to
run, but before any Work at the rile is caned, a conference
attended by CONTRACTOR, ENCrLYEF.R and others as
appropriate will he held to establish a working
understanding, among the parties as to die Work and to
discuss the schedules referred to in paragraph 2A
procedures for handling Shop Drawitias and other
submittals processing Applications for Payment. and
maintaining required records.
Inkha4vAcc'eptable Schedules:
29. Unless otherwise provided in the Coramct
Documents,a"eWA4ftt&ys-bef3Fe-sulaniecsian ofthe-firms
App4iesti an fey ltawnent before any work at the site be¢,ins,
a conference attended by (:ON'fRA(`1C)R F;NGWFFf�
and others as apfxeapariate desnu ;Acd In 06L R will be
held to review for acceptability to l NGINEER as provided
below the schedules submitted in accordance with
pamgmph2.6. WICPi>i u_.1... s?I L?i ltli #neapds
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 anal the scht 61cs are submitted to and
acceptable to I NGINUFR as provided below. The
progress schcdu le will be acceptable to ENGINEER as
providing an orderly progression of the Work to
cipletmon within any specified Milestones and the
Contract Times, but such acceptance will neither 'impose on
ENGINEER respunsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONT'RACT'OR'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 time required submittals
CONTRACTOR'S schedule of values will be acceptable to
ENGINEER as to dam and substance.
ARTICLE 3—CONTRACT DOCUMUfTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
wrcertmirg the Work. The Contract Documents are
ementa co what is called for by one is as binding as if
called fur 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 Contact Documents to
EJCDCaenERv, CONVITacN13 lulus Ct?Ya eaitam>
W10 TY OF FORT C OLLIN^m N10111FICAT1ONS tRGy A.+Zeaam
describe a functionally connpldc Project (or p<ni therwt)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred front the Contract Documents ur
from prevailins; custom or trade usage as being required to
produce the intended result will be hirnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meariing are used to
describe Work. materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of Ore Contract
Doxuments shall be issued by F,NGIN}''FR as provided in
paragraph 9A
3.3. Reference to Standards and Specifications of
Technical Societies: Repwling and Resvbing
Discrepancies:
11) Reference to standards, specifications,
manuals or codes of any technicall 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 ctlect 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.?. 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 6.3) until an
amendment or supplement to the Contract Documents
has been issued by one of the matimncis 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 Law 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 discrepamcy 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, CCaNfRAC'IOR. or
r,gGiN7iER, or any of their subcontractors, consultants,
agents or employees from these set forth in the Contract
locuments. nor shall it be effective to assign to OWNER,
ENGRN ER or any of FNGINF,ER's ConsultanL% agents or
omployees any duty or authority to supervise or direct the
furnishing or plerfonnance of die Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or arty other provision of the
Contract Documents.
3 4_ \b'henever in the Contmet Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import arc used, or the
adjectives "reasonable", "suitable", "acczlatable". "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENIGIIN`EER 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 eonformnce with the design
Incept of die 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
anyy such term or adjective shall not be effective to assign to
LNGPN=- any fluty or authority to supervise dr direct the
furnishing or perfonnanc:e of the Work or any duty or
authority to undertake responsibility corttrary to the
provisions of paragraph 9,13 or any other provision of the
Contract Documents.
.unending 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 fon11a1 Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4).
or
WDC. UENVUL. CON01110NS 1910-3 (1990 Edam))
W(.1 FYOF FORT MLIANS MODn9CATIONS IREV40000)
3,5.3, a \Vork Chang Directive (Pursuant to
pnra�ph lira])_
3.6, In addition, the requirements of the Contract
Documents may be supplorelted, and minor variations
and deviations in the )fork may be authorized, in one or
more of the following mvays:
3.6.1. A Field Order (Pursuant to paragraph 9.5).
3,6__. ITIGINIiL•R's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27). or
3.6.3. E NGURER"s written interpretation or
clarification (pursuant to paragraph 9.4),
Reuse ofDocumentr.
3.7. COlNURAUMR. and any Sub000ntmctor or
Supplier or other person or organinition performing or
furnishing 4ny 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,
Speciticntions or other documents (or copies of any
thereof) prepared by or hearing the seal of E.'NG1NEliR or
FNGINFF.R's Consultant, and (iil 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 ENC;JNEER_
ARTICLE 4--AVA11,ABILITY OF LA.NW;
SUBSURFACE AND PHYSICAL CONDITION%;
REFERENCE POJNfS
Avaflabi4ty of anais:
4.1, OWpNTDR 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 > poirreastambie written request;
sutement raccerd legal -title -silo legs}-dlescripticoof the
}finds-upset-which--the--Wtrlt--is--kr..,be-.perforrned--mnd
Oil IEIi's-tnte�tsk (herein ss necessarr,for giving. notice
e&-era-ftl+rtb-a._rnarofntmu'S-_}tart' agRtttst..bttCh-lmntk-tn
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 fumishirri� these lands rightsof-
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 thnt may be required for temporary
cxamtruction facilities or storage of materials and
equipment.
4..2. Subsurface and Akvsical ('ondtfons:
4.2.I. Reports and Drauings: Reference is made to
the Supplementary Conditions for identilication of
42.1.1. Subsurface Conditions: Those reports of
e pforations and tests of subsurface conditions at or
contiguous to the site that have been utihred by
ENGLNEF_R in preparing the Contract Ducumcros:
and
4.2.1.2. Ph}sical 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 COMM4CMI? Authorized:
Technical Data: CONTRACTOR may rely upon the
general accuracy of doe "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 C:omultants with respectto_
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purlosc:s,
including, but not limited to, any aspects of die
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. Who data, interpretations, opinions
and information contained in such repots 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.
42.3. Notice of Differing Subsurface or Physical
Conttlifiots: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.23.1. 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 mature as to require a
change in the Contract Documents or
4.2.3.3. ditTers materially from that shown or
VCDC:OENEILAL COND1110M 1910;8t1990 Edtim)
w} la]Y OF FORT COLLINS MODIrIC'M IONS MEN 4/2iM)
indicated in die Cona'aci Dtxunients, or
4.2.3.4. is of an unusual nature. and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in wort: of
the character provided for in the Contract
Documents: then
CONTRACTOR shall, promptly immmedixtely after
becoming aware thereof and before further disturbing
conditions affected thcrchy or performing any Work in
connection therewith (except in an emergency as
pernnitted by paragraph 6.23), notify OWNER and
LNGTNEER in wnurtg about such condition,
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of wTittcn order to do so.
4.2.4. ENGINE R's Review: ENGINEER will
promptly review die pertinent conditions, determine the
necessity of OWNE,R'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 D(miments Change: If
ENGINEER concludes that a charge 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 he issued as
provided in Article 10 to reflect and document the
consequences of such change.
42,6. Possible Price and Times .44#ustmews: 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 corxhtionmust meet any one or
more of the categories described in
paragraphs42.3.1 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
larab'mphs9.10 and 11 9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Rice or Times
if;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at die
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission or a bid or becomitig bound
tinder a negoliaied contract; or
4.16 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 Iry the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOWs making such final
commimicnt; or
4.2-6.4.3. CONTRACTOR failed to
give the written notice within the time and
.is required by paragraph 4.23.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustnent in the Contract Price or Contract
Times, a claim may he made therefor as provided in
Articles 11 and 12, However, OWINT R, ENGINEi R and
FNGIVF:'R's Consultants shall not be liable to
CONTRACTOR for any claims, casts, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditioas—C.'nderground Faclities.
4.3.1. Shorn or Incficate& The information and data
shown or indicated in die Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to 0t1'NF,R 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 "I not be
responsible for the accuracy or completeness of any
such information or data; and
43.1 2. The cost of all of the following will he
included in the Contract Price and CONTRACTOR
shall have full responsibility for! ( reviewing and
checking all such information and data. (ii) locating
all Undergound Facilities shown or indicated in the
Contract Doc:uments,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction. and (iv) the safety and
protection of all such Underground Facilitiesas
provided in paragraph 62f1 and repairing any
damage thereto resulting from the Work.
43.2, Yui Shown or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents CONTRACTOR shall, promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
lnerforming any Work in connection therewith (except
in an emcrgency as required by paragraph6.23),
identify the owner of such Underground Facility and
EAJDC GENEKAL CONo1,11on5 141 a-s (t 9.a Edam)
w'01 Y OF FORT C 01AAM NtootFtCA1IONS fREV 4c000t
give written notice to that owner and to OWNER and
ENGINEER. ENGINTER will promptly review the
Underground Facility and &temtinc 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 t ndemround 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 re>pvnsible for
the safety and protection of such Underground
Facility as provided in paragraph 6 20
CONTRACTOR shall may be allowed an increase in
the Contract price or an extension of the Contract
Times, or both, to the extent that then are attributable
to the existence of any Underground facility that was
not shown or indicated in the Contract Documenm
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 l l and 12. 1iowever,
OWNER, FNVGiN'EER kind ENGf.N'FER'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
4R. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGE'4FER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laving out the
Work, shall protect anti 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 locatitn% and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs. Petroleum, hazardous iy'aste or
Rrdiociedre hfaletdal:
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 Drawints 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
N anyone else for whom COTRACTOR is
responsible.
4 5 2 CONTR.A4-7OR shidl-innnediatoly. (i) stop all
W Hrl in oennnec+'earwith w }t}tnrikauec rxlitiHr and
in srty-urM-nfCtMtd-therrhy {axetvi-irr-aft-tmeF-=ertsv
aG—raHutrecl--hy---ptua�>raplt .-��1}-and--(ti}nHtdy
C%t� 1 FER d#lFI -FY I(3IV�SEIr-(tt td.-.+hereafter-con"
such -notice in -writing) ()WNhR shall promptly
consult -with -ENGINEER concerning the necessity far
OWNER-to,tetain-a qualified expert to evaluate .Rich
ll&6ttrdHklS-GHF2dtFtlai-QN^taut-k'HIFe'6FIiY--akFik�n,--tf-attV:
CONTRACTOR shall-ncx he required to rr unia Work
in-tetrtrteel..tkarwitlrsue#t-hazarcictas-ee>itFliFiHn-e?f-insnv
saint -sf7e� tad -are tetttil -after-C-tWNI R-iws. e, Hind
any required permits related thereto and delivered to
t_9A914:>t4;fCspesialitten meter {}yTify r
that- er-has hem
rendeFed safe far the
t f TT a
i a T many-specwl viiditiHrounder -whiel+stwh
-R:�..,,� banrtFN-'agree-as-kH'ernHklerrtenk-lH-Hr
dine-auisunr--er-e�rtanF-Hl-xn ttdjasFinant-tF sm-�
feaFrast•Faur-Hr-GHrFtrust T:,a::-s-ass-;�rrlt-of-wsli
�Vt��Foppagear-suahspec=isicFicsts�tnder-which
Wei". tFgrzed•kmy-'(F i'f-Rr1C TE)li-t3-tte teswnatl;
estherpatry-may tmal:aa-aleim-Fkiarefer-as fmrctyidaftin
Anieles-11 and-1- :
4:33:-1`_-,=.^cr--;�ipF-Hf-sttelrspeeial-written-+iatica
CONFRAC-TOR-does-not agree to-re:aane-suelrwork
l+�rerl-errs-:c�asortsHle k+rlizf-it--is-ca�af��r-does-not
_.'Vr'ark-erxler-sueM - slmecial
elitien-thetF El}lR-+tray eider lxtritan- at'
the 'A' wk thou-
eornditicxt or at such afli� fed -arcs to -line cleletec+ffonn
agree'asto-eMitlatnetttia Hr-ulna-ssnountar-ettarn-ofan
At
z the-W arlr-tlxai
eitheFperFy- nay-meko-a clsitn dwretor rts-prtwided-in
Artie10 Sault deleted
peritarrHl -the- We>iE-perfcartnadi-My. EIWNEWi;-own
€ergs -Fr ethers irrsccarkisr>ae-with Article 7:
nF pennitFed by l aws-and
Regtrlstiorts«•---OWNEnR-_.sue}}.-,.irtdemntfy- -sad-fiudd
karFnless•-•----CC)llT-Rr1CTOR:_._-.._gtibetanirsctorsc
meets---drrkunors enupioyces...._agents:---other
osresultrtnrti;~tatd- eaebwinitsatcrrs-of--each-and-any-af
tltern•-fitmm-sad-ttbsirnst'-all-c�Iaams; coety--losses-••and
owrrneghgerwe:-
46.5r The FFOvisio s-efdZ-ar:.l -l-�e
iye3s9aktial-uneiNwed
�eyeeled rut-tho-site-
SJCDC GENERAL COND1110M I"" tl!N+R Edtiaii
wJ CITY OF FORT CQUII1S MCIIAH CAI IONS (REV 42000)
ARTICLE•" S-13ONDS 20ND INSURANCE
Performance. Payment and OtherBonrG:
5.1. CONTRACTOR shall furnish Performance and
P:ryment Bonds. each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all C1)NTRA(.'rOks obli rations under the
Contract Documents These Bonds shall remain in effect
at least until one yk tr after the date when final payment
becanes due. except as provided otherwise byy Laws or
Regulations or by the Contract Documents.
coi,�'i RA('TOR shall also furnish such other Bonds as
are required by the Supplementary ConditicM All Bonds
shall be in die form prescribed by the Contract Documents
cxckpt 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 Buunds and as
Acceptable Remsuring Companies as published in
Circular 570 (amended) by the Audit StalX 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 err it ceases to
meet tlx: requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must he acceptable to OWNER.
5.3. Licensed Sureties and Insurers, Certificates of
Insurance:
5.3.1, All Bonds and insumnce required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall he obtained
from surety or insurance companies that are duly
licensed or authorized in the junsdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required Such surettyy
and insurance companies shall also meet
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
53.2. CONTRACTOR shall deliver to OWNER
with copies to each additional insured identified in the
Supplementary Conditions. certificates of insurance
(anti otter 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. F WNER-4 tall
edclttiorml-ittserrtlrl•-identified-•itt--offs-Sup arattary
t antler- Herttfteats--d-ot#tar
or-atiy cousiniddil.-M is
rnctuirad>iHpttruhasrarx�maattain-in-aaearc#tneFt-wiFh
i�€TaFmlts tti-artEl 4-Z herao€
COATR-1CTOR's Liahilin, Lrswrance:
$ a, CONTRACTOR shall purchase and maintain such
liability and odder insurance as is appropriate for the Work
being performed and furnished and ns will provide
protection Gom claims set forth below which may arise out
of or result from CONTILACTOR's performance and
furnishing of the Work and CONTRACTOR'S other
obligations under the Contract Documents, whelhrr it is to
he performed or furnished by CO'vTRACTC)R, 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 amdne for whose acts any or them
may he linble
SAL claims trader workers' dwmpxnsation disability
benefits and other similar employee benefit acts;
5.42. clauns for damages bemuse of bodily in
occupational sicic-ness or disease, or deathof
CONTRA("rOR's employees;
5.4.3, claims for damages because of bodily injury,
sickness or disease, or death of any person oilier than
CONTRACTOR's employees,
:;i:4:4 - elaims-for-dam�as-insureel-bw-eustamtury
pet�enel-irsjttry-liability-eorerega-whieirere-str�it
f+?-I�`-an}'-pc�soaes�•result�€an-t3rfensa diraeNy-cur
ind Gtlg related to the-entpleymanE-of-susla person..bg
tAerraaseo-,
5.4.5. claims for damages, other than to the Work
itself, because of injury to rr 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 arisi ig out of
the ownership, maintenance or use of any motor
vehicle.
The policies of hutvame so required by this paragraph 5.4
to be purchased and maintained shall*
5AT with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5, A 9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGTNk:hR, 1NGINEERs
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 l mits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4.9. include completed operations insurance;
E1(W c3ENM kL CONDITIONS 1910-811990 Edilian
W CITY OF FORT COLt. M MODIFICAT10N5 MEN 4.2(Ml
SA 10 include contractual liability insurance
coverinu CONTRACTOR indemnity oblieations
under paragraphs 6.12, 6.16 and 6.31 through K33;
5A.11 contain a provision or endorsement that the
coverage afforded will not be cancelled materially
chanced or renewal refitted until M least tawny daps
prior written notice has been given to 0XV\T-R and
CONTRACTOR and to each other additional insured
idemi6zd in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
cenificmes of areumnee Furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
SAT'_. remain in effect at least until final payment
and at all times ihcreatier when CONTRAC.I'OR may
be correcting. removing or replacing defective Work
in accordance with paragraph 13.11 and
5.4.13. with respect to completed operations
insurance. and any insurance coverage written on a
claims -made hasis, remain in effect for at least two
years after final payment (and CONTRA(`fOR shall
famish OiVN'F,R and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory io OWNER and any such additional
insured oi' continuation of such insurance at final
payment and one ycar thereafter)
Off AFR's Liabifir y Insurance:
55, In addition to insurance required to be provided
by CONTRACTOR under paragraph 4, OWNER, at
OWNFR's option, may purchase and maintain at
OWNER's expense OINER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Properrp Insurance:
S:ti.-.......-Lrnlessotherwise•�Ixrn ided...in-tlx ,Sulry>kmanmry
Contlitiort�-w-aWNtiR_.,shall _ .purchase- attd—nmintain
port th - ere- afk- am the Stie in the aTukin,
of.-the_fiill-teplaeetttent--cost thareef (subject--to_su h
4ediaudible--attaounts_..its_.may-_-be. -provided-- in ---the
Supplementary. -Conditions --or ."ired-byLaw*, and
RagudatioFss}-This insurance shall^
5-Al include_ the---utaresis- of---f>W1�1611
r�nr annmimS--��tit3HNfltPH40F&' "�r.<:irN45iiA4
swrnn.-r-rv�.. r,...�.t�ff
entitiesidentified t#te .Suapplamatttary--renditions
each"( whom- is deemed -to lavtan-insurablrinterest
tuKkii ll-tia-listed ossn insured air -additional. insured,,
&6.-2r-be-w-ritten-on-a-l3uiklees-RiA "-udl-risk"-or
"Mix" fxnil tx- s7 etial tearws t f-ktss palid fir khat
shell At least nslatdc-iuurenew f"F iltysissd-less er
tall iirwtrra• aga rack at4e"
the—f")ascot+�--txv+ls:---tires---l+ghtnttvg---e�rxzvtded
,xweraga, theft, vandalism and malicious 1111-Ablef.
5.63.. include expenses incurred in the repair or
re[Aacervient 4ony, insured properh (including but wt
limited- - Wfee* - and- vbaFgft-- 41--onairwev, -and
erchltecL5).
or fit annther-loo;uion that was agreed to in writing In,
OWNER pri
prav+ded4hffIstw4 materials
eieluded Iended
by-IsNGlaIEEF. ani
--with
dn"9 w*teR-no0e*,-te-e"- 4 t dditior I
ih""T*P--dw9 hff--Q JR
GVWFR-4"- fxmhase--and- manitton-mieh boilef
as niay-be-rNuifed-by-th"uplAonemiy Conditions or
Bi c(A.TZ bertnifiaatf I'W'P'ZZ
Ei eN4 ties
is deemadte-havean-irtsurtihle interest and be -listed -as
en iri.cured-er-adAitet#a-{r�ured.
wnwin --- -...with
PMWVaph5-ll
5.9. OWNER shall not be responsible for purchasing
and maima'mm'l; any property insurance to protect the
interests of CONTRACTOR. Subcontractors or other-, in
Kjft"ed_iT= -The--risk-of
0111- 1--w-we
ffeei4-irs*.ffvma0abe i-twuluded in t)_- I—a-p- : ........
11 _Mne"d
e,
Change- OrdaF-�--1Vrittda--r'lmandmam----k7ter--to
EJCL)C GENERAL C011SIDIII 0M 19 1 O-S (1990 Edt im)
10 wi CITY OF FORT COLLINS MODIFICA VIONS (kEV 4 24)(00)
commencement of the Wwat the -Ale, OWNER shall in
Arl 1, --- -WaiveF-efk#as.-
OVe"NER and CONTRACTOR intend that -all
policies puichastAi in accordance witb-paragmphs-5:6
Subc,onuactors, 1-iiNGUNSER- - --ENGINEWs
insureds tv additional insureds -.in -such -policies -and
Am
da-ratw&-mised-by -die-
Ue#-pert icierShfill
iri
the --insureds- Ii
44)NT`4:R-.AG
payable under-Rny-policy,w, kwe4
oem4tvautors, -employees-and agents of any ut
them: fora
444-3_4—z iftid-
lueffieS5
0 OF WORSOE lent 9.
2-
a te t1w e%et 00
eo"uential
recovery apirim any of CONTRACTOR. 3ubcontraitot:<,
C �FF.k� 7r1 R 1 wE {iul "sf s t=tmsaltani� n l tk r i4iewr .
clirt�tEtrs empleyees-and-crgants (�I-anv�ibeai-
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
OW'tiZR and made payable to O1NNTiR as fiduciary for the
insureds, as then interests may appear, subject to the
requirement% of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit ii a separate
account am• 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
damagal 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 writin' within fifteen days
altar the occurrence of Ins% to OWNhR's exercise of tlits
power. If such objection he made, OWNER as fiduciary
stall make settlement with the insurers in accordance with
such agreement as the parties in interest may rcach If no
such agreement among tlxt parties in interest is reached,
OWNER a5 fiduciary shall adjust and settle the loss with
the insurers %tail iF rMiliffed-iA wr+tir13 1149 gray }tarty an
anion% ,�-4:11ui+71;It-- tsrc-hdxsiatx--sitakk -give--hc�mi-der--the
psepef fie. oniisinee ofsue44Ales.
.-Acceptance of13ondv and Insurance; !Option to Replace:
?.14. It'
OVER has any objection to the coverage afforded by cr
other provisions of the Fiords -or insurance required to be
purchased and maintained by the eHte�—ditty
CONTRACTOR in accordance with Article 5 on the basis
of noii a6nnance with the Contract Documents, the
objecting party shall -so notify-the•otherparty QlA_ EI2 will
rntify QQNT&\CEQR in writing within acid faeegn days
after receipt dery of the cRh'(cates(tir trther•ewidenea
reiltiested) L..Qt •g required by paragraph 2.7.
Dirac --sucks- aedditiatst!-•irdtxmati(>!r-err-rasped-el=•insuwatice
Partial Utilization—Propwjilnsurance.
5.15. If OWNER fords it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EXEC: GED`ERAL COhDMONS 010-8(19^ra El Iiao
wr C'RY OF IOttT(X)Lt,lA1S"kf(R]tF1C'A-❑ONS(REV,Irwin
(`onipletion of all the Work, such use or oaupam may
be accomplished in accordance with rua'japh 14 lei,
provided that no such use or occupvlrxy' 4rail commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writitr_ effevwd any
chsnges in coverage necessitated thereby The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the propem
insurance shall not be cancelled or }xrmitted to lapse on
account of any such partial use or occupxam%.
AR•1'ICLE 6-C NT'RMA'OR'S
RESPONSIBU ITIES
.Super ndsion and Superintendence,
6.1. COWI'RACTOR. shall supervise. inspect and
direct the Work competently and efticicntly. devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract I)ocuments
CO.NT AC`t-OR shall be solely responsible for the means.
methods, techniques, sequences and proccdure� of
construction but CONTRACTOR shall not be responsible
for the negligence of others in the tk sign or specification
of a specific means, method, techraique. sequence of
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.
G-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 sand ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACfOR'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. AlateriaLv and Equipment
63, CONTRACTOR. shall provide competent,
suitably qualified personnel to survey, lay out and
constrict 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 re ests to the ENGINEER
no less than 48 hours in advance of any Work to be
txrfortted on Saturday- Sunday. Holidays or outside the
Regular Working Hours.
6 a. Unless otherwise specified in the General
contains or is t'ollowed by words reading that no like,
Requirements, C'ONTR.ACTOR shall furnish and assume
equivalent or "or -equal" item or no substitution is
full responsibility for all materials. equipment, labor.
permitted, other items of material or equipment or
transportation, construction equipment and machinery,
material or equipment of other Suppliers may be .�
tools, appliances fuel, power, light, heat, telephone, water,
accepted by 12�11GINEER under the following
unitary facilities, temporary facilities and all other
circumstances,
facilities and incidentals necessary for the furnishing,
pertormance, testutg Stan -up and completion of the Work
6.7.1.1. 'T)r-Egrtat ": If in ENGINIU-M's style
discretion an item of material or equipment ^
6.4.1. purchasing Reslrlctiins:___,CONTRACTOR
proposed by CONTRACTOR is lirictionally
must with the. ('th s Purchasing_rrstncuons, A
equal to that named and sufficiently similar so that
L)( they
cyp _of the rewluuan;; are av arlalrle for rev dew m the
no cha tee in related Work will be required. it may
offie&,of_-the purchasing._and ...._Risk- _' arviszLmtent
he considered by l-,NGrl\fiER as an "orequal'
Division or the Cites Clerk' office.
item. in which case review and approval of the
proposed item may, in ENGINEER'S sole
64 Cement Restrictions, _ City of Fort. Collins
discretion be accomplished without compliance -
Resolution 91-121 reou¢es that sztEoliers and produ xss
with wine or all of the requirements fur
of cement oxlucts containm& cement to cegjfi• that
acceptance of proposed substitute ircmts, —'
the ce2.ie, was trot made in cement_kilns that bum
6.7.1.1 Substitute Items: If in ENGLNEER's sole
hawrdouswaste asafuel
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
6.5. All materials and equipment shall be of good
an "or equal" item trader subparagraph 6.7.1.1, it
quality and new, except as otherwise provided in the
will be considered a proposed substitute ittan. —
Contract Documents. All warranties and guarantees
CONTRACTOR shall submit sufficient
specifically called for by the Specifications shall expressly
information as provided below to allow
run to the benefit of MNMR. If required by FNGINFFR,
F.NGNEFR to determine that the item of material
CONTRAM'OR shall furnish satisfactory evidence
or equipment proposed is essentially equivalent to
(including reports of required tests) as to the kind and
that named and an acceptable substitute therefor.
quality of materials and equipment. All materials and
The procedure for review by the ENGINEER will
equipment shall be applied, installed, connoted, erected,
include the following as supplemented in the
used, cleaned and conditioned in accordance with
General Requirements mid as ENGINEER may
instructions of the applicable Supplier, except as otherwise
decide is appropriate under the circumstances,
provided in the Contract Documents.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
Progress Schedule:
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
6.6. CONTRACTOR shall adhere to the progress
furnish or use a substitute item of material or
schedule esiablished in acurdance with paragraph 2.9 as it
equipment CONTRACTOR shall lust make
may be adjusted from time to time asprovided below:
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
6.6.1. CONTRACTOR shall submit to ENGINEER
perform adequately the functions and achieve the
for acceptance (to the extern indicated in
results called for by the general design, be similar _
pump taph 2.4) proposed adjustments in the progress
in substance to that specified and be suited to the
schedule that will not change the Contract Times (or
same use as that specified The application will
Milestones), Such adjustments will conform generally
state the went, if any, to which the evaluation
to the progress schedule then in effect and additionally
and acceptance of the proposed substitute will
will comply with any provisions of the General
prejudice CONTRACTORS achievement of
Requvomentsapplicable thereto.
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
6.6.2. proposed adjustments in the process schedule
will require a change in any of the Contract
that will change the Contract. Times (or Milestones)
Documents (or in the provisions of any other
shall be submittal in accordance with the requirements
direct contract with OWNER for work on the
of paragraph 12.1. Such adjustments may only be
Project) to adapt the design to the proposed
made by a Change Order or Written Amendment in
substitute and whether or not incorporation or use
accordance with Article 12.
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
6.7. SubaYitutesand "Or -Equal" Items:
All variations of the proposed substitute from that
specified will be identified in the application and
6.7.1. Whenever an item of material or equipment is
available maintenance, repair and replacement
specified err described in the Contract Documents by
service will be indicated The application will
using the name of a pruprietary item or the name of a
Supplier, the specification or description is
also contain an itemized estimate of all costs or
that duectiy indirectly from .
particular
credits will result or
intended to establish the type, function and quality
acceptance of such substitute including costs of
required. [unless the specification or description
redesign and claims of other contractors affected
EJCDC oEA'ER.AL CONutTh?NS 010-S (1990 Edaica)
12 wl MY OF FORT C'OLLIM MOI)IFICATtO,vS(KEN 420001
SECTION 00100
INSTRUCTIONS TO BIDDERS
by the resulting change. all of which will be
considered by ENGINE -ER in avahlating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional i4va about
the prup<ned substitute.
6.7.1.3. C(.,' M4CTOR's Expense: A]I &ita to be
provided by CONTRACTOR in support of am
proposed "or -equal" or substitute item will be at
CONI'RACTOR's expense.
6.7.2. Substitute Coenarrction Beth«is w
Procedures: If a specific means, method technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documenft CONTRACTOR may furnish nr utilize a
substitute means, method. technique, sequence or
procedure of construction acceptable to EMINEFR.
CONTRACTOR shall submit sufficient infonnatiot to
allow ENGINEER, in ENCYINFRR'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 T 12
6.7.3. Engineer's Evahtatirnr: ENGINTFR will he
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. INGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGTNEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRrACI.OR to furnish at CONTRACTORS
expense a special performance guarantee or other
surety with respect to any "or-cquaf" or substitute.
ENG71NLER will record time required by
ENGINEER and ENGTNEER'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 OGVNF.R for w(xk On the Projectl
occasioned thereby. Whethcr 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 Subcoriftefors, 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 at as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whon
CONITUNC.'TOR has reasonable objection.
EXI)CUENUM CONDT1101+'S 191" (1990 Edhon)
w, CITY OF FORT CULLINS MODIFICATIONS tREV 92000)
6_9.
CONTRACrOR shall paorn not less than 20
percent of the Work. with its Own forces (that is,
without subcontract nto. 'the � rcent reuuiremc-n
shall be unikrsRxxl to refer to the Work the value of
which.totals not Its than Qperrcent of the Contract
Price
682 If theSupplementaryConditions Bidd!r1f;
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 bx
submitted to OWNER in advance of -the -specified
date prior to the Effective Date of the As,, eement for
acceptance by OWNER and HNGiNEER. end ---if
e-'R�,R.�d a-1.,.''-' thereof m
tw; ordatwr-avttlt--ihe- Supplrmrntw-funditians„
OW'Nl'Ms or l3NGI NEHR's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
Art bidding documents or the Contract Documents) of
am sttclrSul�arrntrastor- r
arganisation...au •-idlertti4 ed-ntay--br xeveke4-en-ike
I?asis-efreawnahle-ohjectten-ear-dire-ivtve.�igatieA
w-ivlatsh-ease--G'GJNf{t:�{;JC3R--shall--SuFmtiE-en
acceptable -substi tukr,---Ate_.C`-ontreet-Itriee-will--be
adjt}sted by -eke tiilTerraerindha-,Dist-occasioned-by
such, substitution -and an appropriate -Change -Order
will-b be 49mied-or--bVritten AmeadmznF signed }vilj
constitute a condition of the Contract _ML14ipg the
use of the named .subcontractors, stitmhers or other
persons or. orgnizatinn iu tt>t Work unless prior
written apyvoval is obtained from OWNER and
FNCHNEER. No acceptance by OWNER or
fiNGiN BER of any such Subcontractor, Supplier or
otter person or organization shall constitute a waiver
of may right of OWNER or ENGINEER to reject
defective Work
6.9.1. CONTRACTOR shall be fully responsible to
OWNER aril ENGINNEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or futnisWng 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 relaUUnshIp between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization nor shall it create any
obligation on the part of OWf3SR or ENGINEER to
pay or to see to the payment of arty moneys due any
such Subcontractor, Supplier Or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEERmav
furnish to any subcontracts sunn'er or other person
or Organization evidence of amounts paid t
CONTRACTOR_ in accordance with
CONTRACTOR'S "Applications for Payment".
13
6-92 CONTIZACIOR shaU be solely responsible
for scheduling and coordinating the Work of
Subcontractors. Suppliers and other persom and
organisations performing or furnishing any of the
Work under a direct or indirect contract with
(CONTRACTOR CC)ivl'RACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizxations perfonning or furnishing, any of the
Work to communicate ,viih the f.�IGf\'1 LR through
C'ONTRAC"rOR
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 CO'Nfl2.ACTOR by a
Subcontractor or Supplier will be pursuant to an
ap n ate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable temps and
conditions of the Contract Documents for the benefit of
OWNER and HNGMER. �t°Metkweranv achfler anent
ta-witia-ct �uheaniraetor- or-Supplier-wk�-is-listaet-as-en
addititxte{--itLsurad- en- tliz-properFy-instutuier- ftrtn lineal -in
pamgrei�s-' 6--or----� 7---�`—agt'aalnent---lx�twaevi--flee
£-'(>NTRACTOR-and-rhea -Subcontractor. or. Supplier --will
eftem rrpravisiails whereby the-Srtatetxntraetor-er- upplier
waives--ell--rtgitcs--Agatnsb--F)1A4�liiRr.-{-'C�'3l=it-r1F�TG)R,
E�+1�, F�`>!1'sR--1"sPif.[ AIE:I�RiS -C:<m suNenis- -and--ell- other
rall l......__ and
art sag ottt-cif er reerstttl#]tr(rant nt ofih,_r . a b
teaveredlw
iiesed g pr4eahle tasuerpeny�espinsurwtee the Work---lF-the-insurers-tat ratty such-polwes-require
saga' etor-or
Suppliar;-('.-C�?�"Rti>4('�F14R-w+11-etlti<�rrne
Patent Fees and Ryalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all casts incident to the use in the
pertomtance of the Work or the incorporation in the Work
of any invention, design, prods 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 doe
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 axistence of suchntghts shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indetnnifv and hold harmless
OWNER, ENGINEER, E'Ji GINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and unv of them from and against all claims, costs,
losses and damages arising out of or resulting from any
in&utgement 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 EXI)CGENERALCONIATIONS 1910E CI99a Edalan
cot CITY OF FORT (A)LIANS 1NCUIFICATiONS tRISV -0"(M)
Pernrirs:
6.13. Unless otherwise provided in the Supplcmentan
Conditions, CONTR:NCTOR shall obtain and pray 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 flit Work, tihich are applicable itt the
time of opening. of Bitty, or. if there ure no Bids. on the
Effective Date of the Agreement CONTRACTOR shall
pay all charges of utility owners for cwnnecticxts to the
Work, and OWNER shall pay all charges of strch utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws andReguladorta:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnshing anal performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
BNGI'NEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulatians.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONl•RACI'OR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom-, however, it shall
not be CONTR.ACTOR's primary responsibility to
make certain that the Specifications and I swings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONl'RACTOR's obligations ursla paragraph 332.
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 matt ' to he
petmanentjyrmcslgd utta k_he,�o act. Said taa,Les
shad not I�ltcluded in Uie Contract Price.
.Address:
Colorado Department of Revenue
State Capital Amex
1375 Sherman Street
Ucm er,, Colomulo, 80261
Sales and Use Taxes for the State of Colorado.
Reuional Transpertntion Dislicl (12T tncl_ccrutn
Colorado counties are collected by the State of
Colorado and are included_ in the Certificauon_of
Exzmptign.
All aol livable Sales and Use 'raxe including State
collected taxc1 on any items other than construction
..— )___._..-_
and buildirig materials ohusically incorporated into the
p_roiect are to he. id by _t,', )NTRAC_TOR and are to
be incltalgd inin apprua atc bid il_ems.
Use of Premises-
6.16. CONTRACTOR shall confine construction
equipment. the storage of materials and equipment and the
acrations of workers to the site and land and area%
ntified in mid permitted by the Contract Do urns nts and
other land and areas permitted by Laws and Regulations,
Tights -of -way, permits and casements; and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRAC'r0R shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof ex of any adjacent land or areas, resulting
from the performance of the Work. Should any clean 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 dt'spu[c resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations,. indemnify and
hold harmless OWNER, ENGINEER ENGI.NEERs
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 tiny claim or
action, legal or equitable, brought by any suc(i 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. Luring the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from die
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, appliancm
construction eWipmtmt 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 larded in arty manner that will
endanger the structure, not shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endaru*er it
Record Documents.
E1CDC GENERAL C'ONDMON51910-8 (090 EdWO
w/CITY 01- PORTCIOLI.t NSh10U117CAYIONSeREV dR0001
6.19. CONTRACTOR slutll maintain in a ,tit place at
the site one record copy of all Drawings SprctGcatiorts,
Addenda, Written Antennients, Chanee Orders, Work
Change Directives. Field Orders and written
interpretations and clarifications (issued pursuant to
pnra mph 9 d) in good order and annotated to show 'all
changes made during construction Thew record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENG1M-, :R for reference. Upon completion
of the Work. and_prior to.aleasr cof_linal pmment, these
record documents. Samples and Shop Dnnoings will be
delivered to ENGI N [:ER for 011''d ER.
Aden• and Protection:
6?0. CON, HLACTOR shall be responsible for
initiating maintaining and supervising all safety
precautions and programs in connection with the Work.
CON TRACTOR shall like all necessary precautions for
the safety oI. 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 he
affected by the Work;
6.1_0.2 all the Work and materials and equipment to
he incottiomted therein, whether in storage on or otf
the site, and
6,20.3_ other property at the site or adjacent thereto,
including trees, shrubs, lawn%, walk& pavements,
roaadways, struetures, utilities and Underground
Facilities net 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 fix
safety of persons or properly or to protect them from
damage, injury or loss, and aall 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 aftcer them, and %hall
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 of 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 reanedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of 011'NL••R or ENGINEER or
INGPL'ER'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 arty
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of thcm),
CONT1LACfOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and RNIGINFER has issued a
15
notice to OWNER and CONTiLNCTOR in accordance
with paragraph 14 13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion),
6.21. Safey Represenrath,e.-
C()NTILACTOR shall designate a quahtied and
experienced safety representative at the site whose duties
and resycrosibiliues shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
fla:urelConrnrunication Programs:
6.22. CONTRACTOR shall he responsible for
coordinating am' exchange of material safety data sheets ur
Wier ha=d communication information required to be
made available to or exchanged between or among
emplen•ers at the site in accordance with laws or
Regulations.
A. nergenmu.
623. In emergencies affecting the safety or protection of
pcialris or the Work or property at tlx: site cx adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or F.NGI\TER, is obligated to
act to prevent threatened damage, injury or loss.
IN CONTRACTOR shall give ENGI1iR 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,
624.1. CONTRACTOR shall submit Shop Drawings
to INGLNLER 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
pangmph 626.
6.242. 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 L'3C'1Rr GEatERAI CONCt17l03VS 1910.3(MoE+Ltien)
cod CITY OF FORT COLLINS MODIFICCAl IONS [REV A2000)
purposes required by paragraph626. The manbeis
of each Sample to be submitted will be as specified in
Ole Specificatioru.
6.25. Submittal Procedures.
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determind arui
verified:
625.1.1. all field measurements, quantities,
dimensions, specified performance criteria.
installation requirements, rnnterink 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 pertairung 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 hive 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.
6.252. 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.
625.3. At the time of each submission,
COIATTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the; Shop
Drawing or Sample submitted may have from die
requirements of the Contract Documents, such notice
to be in a written co)nmunirathon separate from rite
submittal; and, in addition, shrill cause a specific
notation to be made on each Shop Drawing arld
Sample submitted to ENGINEER for review and
approval of each suchvariatitxt
6.26. ENGINEER will review and approve Shop
Drawings and Samples inaccordance with the schedule of
Shop Drawings awl 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, alter 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 fix by the
Contract fkxatnxtttis) or to safety preaunions or pregramz
incident thereto. The review and approval of a separate
item as such will not indicant approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by FNGINHF3i', and shall retum the
required number of corrected copies of Shop Dnnv'inss and
submit as required new Samples for review and approval
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections culled for -by
TNi;f\BGR on previoussubmittals,
6.27 I NGMHF.R's review and approval of Shop
Drawings or Samples shall not relieve CON-rR.,N TOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR lets in
writing called ENGLNELR's attention to much such
variation at the time of submission ss required by
paragraph 6.25.3 and ENGINEER has given written
appmval of each such variation by a specific written
notation thereof incorporated in or accompam ing the Shop
Drawing or Sample approval, nor will any approval by
FINGINE"ER relieve CON1'RACT'OR from respomsibilin�
for complying with the requirements of pximgmph 6.2S.1.
62-3. Wherc a Shop Drawing or Sample is required by
die Contract DocttmenLs or the schedule of Shop Drawing
and Sample submissions accepted by FNC,N1 FR as
required by paragraph 2.9, any related Work performed
prior to ENGINHER's review and approval of the pertinent
suhmittnl will be at the sole expense and responstbthty of
CONTRACTOR.
C'oniinaing 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 arty disputes or
disagreements, except as perJnitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writ ing.
6.30. CONTPOC70R's General Mirranty and
Guarantee:
6.30.LCONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGTNEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be clafective.
CONTRACTOR's warranty and guarantee hereunder
excludes detects or damage caused by;
630.1.1. abuse, modification or improper
mairttenarce or operation by persons other than
CONTRACTOR Subcontractors or Suppliers; or
630.1.2. normal wear and tear under normal
usage.
6.302. CONTRACTOR's obliguUm to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. Done of the following
will constitute an acceptance of Wort: that is not in
EJCDC UENEI AL d70I,VITI oM 1910-8 (1990 Echtiau_
IV CITY Or YOren 011,11M xlcwtmcn"nO1vsnREV m ount
accordance with the Cunbact Documents or it release
orCON•fRv(:'"fOR's obligation to perform the Work
in accordance with the Contract Ducuments:
6.30.2,1, observations by ENGINNMER;
6.30 2.2. recommendation of any progress or
final payment bvENGfVLF,R:
6.302.3, the issuance of a certificate of
Substantial Completion or any payment by
(A NER to C'O'v1TR (_'TOR under the Contract
Oocunmentst
6 3u.2A_ use or occupancy of the Work or any
part thereof by OWNER;
630,2,1 any acceptance Iry 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 ENCTINEFR pursuant
to paragraph 14 13;
63017. any inspection, test or approval by
others; or
6.30.2.3. any correction of ckfecrive Work by
OWNER.
Indenwifrcatiem:
631" To the fullest extent permitted by I.,aws and
Regulations, COIv TRACTOR shall indemnify and hold
harmless OWNER, E'MNIELR, E,gmislEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them front and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, nttonxys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or result rig from Ste performance of the
W'oik, out
that any such claim, cost, lass or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tariible 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
inclemitified'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 ar personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organimtion directly or indirectly employed by
17
any of them to perform or foolish any of the Work or
anyone for whose acts any of them nmy be liable, the
indemnification obligation under paragraph6.31 shall not
be limited in any way by art limitation on the amount or
hype 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 ndemnilicution obl' ti ins of
CONTRACTOR under paragraph 6.31 shall not extend to
the liabilih of ENUINEER and EIMANIHTR's Consultant-,
officers, directors. employees or agents unused by the
professional negligence, errors or omissions of any of than.
Sr M1,4l ofObligailmes.
6.34. All representations, indemnifications, warrantics
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuina
obligations indicated in the Cottract Documents, wifl
survive final payment, completion and acceptance of the
Work and temtination or oiimpfetion of the Agreement.
ARTICLE 7--OTfTF.R WORK
Related Work at Sire:
7.1. OWNER may perifomt other work related to the
Project at the site by OWNER's own forms, 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 claan 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 roes
are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a pony to such a direct contract and each utility
owner {and OWNER, if OWNER is performing the
additional work with OWNEWs employees) proper and
safe access to the site and a reasonable opaaxhtraity far 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 DuoumeMs, CONTRACTOR
shall do all cutting, 61tmg 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 otters by
cutting, excavating or otherwise altering their work and
Will only cut or alter their work with the written consent of
ENGINEER and the utters 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
FiMCCL MEAL CCONUTDOM 191"(1990Edtivn)
I $ wf U"IY OF FORT' COLUM MOUIFICAa70NS (KEN A,2000)
provisions ror the benefit of C'ON'17LAC1'OlZ 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
I'RAC"I'OR's Work depends upon work perlo med
by others under this Article 7, CONTRACTOR shall
inspect such ether work and promptly report to
ENGLtiEER 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. CON MkCTOR's failure -w, to report will
constitute an acceptance of such other work as fit and
proper for integration with. CONTfiACTOR's Work
except for talent or nonapporent detects and deficiencies
in such other work.
Coordnalion:
7.4 if OWNER contracts with others for the
performance of other work on the Project at the site, die
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 connaaors will he
identified,
7.4 2. the specific matters to he covered by such
authority and responsibility will be iternized, anti
7.4.3. the went of such authority and
raspunsibititics 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 throughENGINEER
8.2. In case of termination of the employmnent of
ENGINEER, OWNER shall appoirt an engineer against
whunr-��'OAt-TI�AOT9iI-taskea-tatt-reescarntble<>ttjet�txn;
whose status under the Contract Documents shall be that
of the former ENGINEER-
8-1 OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shell make payments. to CONTRACTOR promptly when
they are due as provided in paragmphv 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 paragraphs4.1
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
stnictures at or cvritlguous to the site,, that have been utilized
by EMINHER in prepring the Contract Documents
gs-_..-.._E)k4 lER's-rbspt rx ihil k es -in rrspec+-el Tort hosing
anal-ntaintainirig-liability--arid--pyrepen}-i iseata Ee err stV
firth in prat aphs :5:5 through 1(1.
R.C. OWNER is obligated to execute CI)ange Orders as
indicated in pyaragaph 1 ('I.4,
R 7_ OW'NER's resptnsibility in respect of certain
inslxtliuns, tests and approvals is set firth in
paragraph 13.4.
R.Y. In connection with OW'NER's right to stop Work or
suspend Work, scc paragraphs 13.11) and 15.1,
Paragraph 15.2 deals with OW'NER's right to terminate
services of CON'CRACfC7R under certain circumstances.
89_ The OWNER shall not supervise, direct or have
control or authority over, nor be reponsible for.
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
progams incident thereto, or for any failure of
CONTRACTOR to comply with Laves and Regulations
applicable to the furnishing or periimnance of the Work.
OWNER will not be responsible for CONTRACTOR's
Failure to perform or liii-nish the Work in accordance with
the Contract Documents.
8-_1Lt}..--C3LYhl}ssq Ri-respon57h411 [v-tn-Fasl�t--of-uixltsalEwed
liadiouetiva-R4aterak-utx:evree�d-or-tevealeoi -et- Ehe-sitars
8.11. if end to Ow e� fftt�ER-+*sftree4�4e4umtM
<=F}�T-Re�C-'T{-1k--rc�oi�Iyle--kviclerx;u-_that----I'irxtnsiel
arrangements,-have,--bert-..made- to- satisfy---01d+NEi's
c ' �tetn.•t-p)�txtteriks.�--£:}W�i�'s
responslblliiy--m-respeet-tharaof will be m .sei Beth-m, the
Suppiemvolary-Condttnorts
ARTICLE 9-ENCINEF.R'S STATUS D RTNG
COM5r)FRUCITON
OWNT-R's Representative.
9.1, ENGINEER will be OW'NER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
constriction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and INNNEER
1 resits to Site;
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various slages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONIX11 ONS 1910-8 (1990 Etbtmu
it" (:1 FY Or tour COLLINs atoouaCATIONS f (ry a rzacat
that has been made and the quality of die various asliects
of CONTRACTOR'S executed Work Lased on
information obtained during such visits aril observations,
ENGINEER will endeavor for the benefit of OWINMR to
determine, in general. if the Work is proceeding in
accordance with the Contract Documents. ENCIINt:1:R
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 Beater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site elvservntions, FtiGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defeetive Work. HINGINE'ER's
visits and on -site observations arc subject to all the
limitations on FNUINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation durrm, or us a result of ENGI'N'EER's on -site
visits or ohurvatinns 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 Taws and Regulations applicable to the
furnishing or performance of the Work
Project Representative;
9.3 If OWNM;R and ENGINEER agree, ENGINEER
will furnish n Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. 1-hc responsibilities and authority and
limitations thereon of any such Resident project
Representative and assistants will be as provided in
paragraphs S).3, and 9.13 and --in ;he Fupplementag
Conditions of these General Conditions. If OWINMR
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities mid authority and
limitations thereon of such other person will be as
provided in t}ia ttarr r emliEier>9 partigadV1 _23
931 The Representative's dealings in matters
p eA!iirvng_tt the on -site work will, in and be with
the EyGINEER and CONTRACTOR. But, the
Representative_ will keep the gWNTER_ptooeriy
advised about such matters The Represcm�wtive's
de,dines with subcontractors will only be t o-u-ssh or
with the full kriowl and apruvat of the
C0NTP_ACT0R.
9.3.1 Duties and Responsibilities. 'Representative
will'.
9.3.2.I . Schedules - Review the progress
)9
schedule and other schedules oretxtred br�the
C()v7'RA.CTOR, anti consult "With the
ENGINEER cumerrting ucmUbility.
9T3. .?__�gn„ferences _.tncl tileetpta - Attc d
meeting with the C_ONTRA(7FOR._such.. as
pteconstruction eonfcren,x, progess mounts
and other jobconferencs and prepare and
circulate coniys of mmulas of,mmings
9.3.23 LiaLx)n
9.3.2.3.1 Serve as ENGINEER'S liaison
with CONTTRACTO wcrkiN_pdnsjjmlty
through CONTRACTORS superintendent to
assist the CONTRA( I'OR in understanding
the Contract Documents.
9.3.2.3,,2. Assist in obtaipgril from OWNER
additional _details , or infbm atiorL lvhcn
required, for proper execution of the Work.
9,3.2.3.3. Advise the I3NGINEER and
CONTRACTOR of the commencement of
any. 1 ak_ rc tWirir g_a_St op Drawing or
.ample submission ission if the suhmissihn as not
hecxl apprpvcdhy ihe_F•�;GINEER,
W ork�icticxis and Tests -
9.12A.1_ Conduct on -site obwvab -a of
the W YL in Rwess to assist the E
in determinin the Work is__prp
acc« dnrtcc tvtitth the Cutract Dacumwu
' 4.3AccompamX vision ..._u rs
Fepres pog public or other awteijs haven
jLrrisc�iction overt a Projec recall the results
ENGIthNeseEIItimutions and report to the
_Ink XgLation_ of Contract
Documents Report_ ro-F�FGINELTt. when
clariFicalims and i elation of the Contract
Documents arz ,_ — tretumit to
C_( NT Q$ clari(Zr�adon and mjWV&titm
cif -tl-ie Contract Documents as issued by the
a_=ty#-"
9.3.2A Modifications. Consider and
evaluate CONTRAC:TOWS suggestion fnr
FXI)C GENERAL COA01110M 0108 (1990 Editimn
20 wl CITY OF FORT COLLINS MODn ICA110NS (LEY 4,74M)
mociilication in Drawines ur S eecciticalions and
rttwrt these rmommemlations.to TN0[INEER
Accuratch, trarwriit to CONTRACTOR
decisiums DmLgl ,the EtiGTNI LR;
9.3.2.7. Records,
" .>£ _AOQM.
9d £.L utni L L� 9.. viiQ0,;
__ as r turxrl of the pr ers of the
Work and Llf' the CONTACTORS
ctptplj�pcg widt the proeress �1te iu e_an�l
sch!�dute_ of shop —Dr avnTv, and saMpLe
�rbrpttal5�
ddvanca ofschdtrting,,,__m tests,
it mxgioas ors art of important nitases of the
Work
9 3 2 8 3 Draft proposed Charge Orders
and War ecuve _-bi es.,_vbta--kg
buckutt material Goon the CONTRACT
and reco tMd to ENGINEER_ Change
Ortkm Work Dlrecitve Changes and Geld
orders
9.3..8A Re ort immediate) w
&L IIvtEER and OWNER the xcurrertrtce u(
any accident
43 klymeraReemgU Review application
For payment with t�NTRACTO'R For cam 1p lance
with the ests151istied trocedure for their
submission and forward with recommendation to
0NGfNCER, noti 1.nrticularly the relauonslun of
the plyment requw^ted to the schedule of Nalucs,
w_Ork conipleied and materials and ex uiprillnent
delivered ut_T1W site twt not_incoMorktd in, he
Work.
9.3'.10. Completion
9.3.110.1. Before Ei\GCNELR _i=es a
t ertifcate of SUNImmil Comnletion submit
to CONTRACTOR__a. list of tbxn ul items
re'quirl !xrrcctik n or ,U nI1UR.,
93,=_10.2. Conduct final itsmction in the
company of the FNGTINFHR, O%VNI-R and
CONTRACTOR rq)arc a.._tin l...list Of
items to be corrected or completed
9_3'.30Ti_.__Otzsen•�_ihal all items_ m._4he
finallist have -been corrected or completed_and
make reconmendatitim to ENGI\- ER
eonMrniits axes,, ce.
933I_imitation of Authority' The Represcntative shall
not _
9.3.3 1 rluthor.zc any des iations from the
Contract.-Docill nts or accc t_ arn.�_uhsiitutc
materials_nr__eguipr ent_unlesgaurhgrizN by fete
93.3_2__.__lixcced._I[mtatic?ns of IstiCil\IfhS
authority,° as set forth at the Contract Docwnents
93.3 3 „L)nl�crktke airy of the,reslwnsrbil tjcs
of the CONTRACTOR- Su conppe4w. or
9: ,3J .-,AA ise_un,-prJsw� Airectiqrrs,elauve
Ui,_or issume_ctrntrgl,__ov_er any_aspert of the
mea methods ti hrriques sc luences ... or
Prosedur�s ,_fit c4Jkgllll_d�n un6�. such _ is
specificallycalled Cor m the Contract 1? tomcats,
9_1.15 Acdyise_ on or istuie� directions
regatdi..r?g..._.AC,.._.r?sst?t11,q......VJAtQ1_ - svr st f ty
precautionsand pro ams in ccmrrections with the
Work
9336 plcctpt-,Stc}p Drats.,._or sgmpl
s lbirl i tals Dorn anyone other than the
CONTRACTOR
93.3.7._ Authorize OWNER to occurrvthe
Work in whole win part
9.3.3 8 . _Purtictpate___m__specralized held_ or
inbomto tests w nts ections ccndgcted by others
except, -._as ... specifically_,_uuthori�ecl„__bv .. ,the
E.NG
Clarifications and Interpretations:
9.4. LNGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
E1CDC rah; IERAL CONVI ll oNS 1910.8 f 1990 Edtian
w/ (I Ty OF FORT CYH.tAM MODIFiCKI IONS 42EV 9l20a0)
requirements of the Contract Lk)cimicnts (it) the harry of
Drnwings or othenrlsel as (NGINEI'R may determine
necessary, which shall be comistcnt with the mtent of and
reasombly inferable from the Contract Documents. Such
written clarifications and interpretations will Iv binding on
OWNER and CONTRACTOR. If OWNER or
CO\7TRt\CTOR believes that a written clarification or
nterpretativn 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 um•. OWNER or
CONTRACTOR may nnlke a written claim therefor as
providedin Article 11 or Article 12.
:Iutlmrized I iUiakons in Work:
9.�. FNGINF.ER may authorize minor variations in
the Weak 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
CONI'RACI'OR 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 I I or 12.
Rejecting Defective {York
9.b. ENGINEER will have authority to disapprove or
reject Work which ENGrNF.ER bclievis to be tk/ictive,
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 f lbricated. 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 EVI GINEER..s authority as to
Charigc Orders, see Articles 10, 11, and 12.
9.9. In connection with FNGINUER!s authority us to
Applications for Payment, see Article 14,
Determinations for Unit Prices
9.10, ENGINEER will determine the actual quantities
and classifLaticra of unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the F.NG1 IFER"s preliminary
determinations on such matters before rendering a written
decision thereon (tint recommendation of an Application
2l
for Paymentor othenvise). L-'NGINEER's writicn decision
thereon will be ram] and binding upon OWINMR and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other kind to ENGINEER written notice of
intention to apppeni from ENGINE'Ms decision and: (i) an
appeal from 91GIRTEERs 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 (i) 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 ENGMI ER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures cif paragraph 931.
Decisions on Disputes'
9.11. E-NGINIiER well be the initial interpreter of the
requiremenContract of the Documents and judge of the
nc 4bility 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 mid claims under Articles l I and 12 in respect of
changes tin 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 ether matter
will be delivered by the claimant to) NGINEER and the
other ppaarty to the Agreement promptly (but in no event
later dmra thuty days) after the start of the oocta ence or
event giving rise thereto, and written supporting data will
be submitted to E.'NGINEER, and the other party within
sixty days after the start of such occtureme 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 tJw
within thirty days after receipt of the claimants 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. ENGINEERS
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEERs decision is taken
within the time limits and in accordance with the
procedtaes set forth in li.Y 017 GC -A, "Dispute
Resolution Agrwnent", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (it) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal lion ENG]NM's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENG114M. withal
thirty days after the date of Stich decision and a format
proceeditng is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights of remedies
as the appealing party may have with respect to such ckiim.
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
F.JCDC GENERA. C01CD1TI OId5191"(199a Edition?
-� w/ CITY OF FORT COLLINS MODIFICATIONS IXEV 4:200W
decision, unless otherwise agreed in writing by OWNER
and CO'Ni rZm—i'OR_
9.12. U'tien functioning as, interpreter and judge under
panigraplts9.10 and 9.11, ENGINEER will not show
pxaninlity to OWNER or CONTRA("1'OR and will not he
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by Q1GIl`1EER pursuant to paramaphs 9.10 or
9.11 with respect to any, such claun, dispute or other
matter (except any whichfiave been waived by the making
or acceptance of final payment as providLd in
pznmgmph 14.15) will he a condition precedent to nny
exercise by OWNER or CONTR\CTOR of such ritihLs or
remedies as either mny otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claLan. dispute or other matter-ptusa:nEtc Arirele 46.
9.13. Lunirarirms on ENGINEER's Aulhorilp and
Rearnn.dhilities:
9.13.E Neither FNI GINFERN authority cr
responsibility under this Article 9 or under any other,
provision of the Contract Documents nor any decision
made by ENGINEER in Sood 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 emote 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
CONIRACTOW-5 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 ofany other person or
organization performing or furnishing any of the
Work.
9.13A. E pGINEER's rev iew 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 punigmph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of oertifimtes of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents
9.13.5. The limitations upon authority and