HomeMy WebLinkAboutBID - 6086 OLIVE STREET CONCRETE IMPROVMENTSSPECIFICATIONS
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CONTRACT DOCUMENTS
FOR
Olive Street Concrete Improvements
BID NO 6086
Citv of Fort Collins
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
March 5, 2008 — 3 00 P M (OUR CLOCK)
where renewal is a way of life
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
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
Rev 10/20/07 Section 00100 Page 4
34 EICDC GENERAL CONDITIONS 19104(1990 Emom)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
(This page left blank intentionally )
EICDC GENERAL CONDMONS 1910E (1990 Edinml 3$
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
36 EICDC GENERAL CONDITIONS 19104(1990Edin.)
w/ CITY OF FORS COLLINS MODIFICATIONS (REV 4R000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties
161 All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for clams which have been waived by the
making or acceptance of [mat payment as provided by
paragraph 1415) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining subject to the limitations of the Article 16 This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically, enforceable
under the prevailing law of any court having jurisdiction
162 No demand for arbitration of anv claim dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9 11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date No demand for
arbitration of any such clam depute or other matter will
be made later than thirty days alter the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9 11 and the failure
to demand arbitration within said thirty days period will
result in ENGINEERs decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
undated, such decision may be entered as evidence but will
not supersede the arbitration proceedings except where the
decision is acceptable to the parties concerned No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9 10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9 10
163 Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the dintyday or ten-day
period specified in paragraph 16 2 as applicable and in all
other cases within a reasonable time after the clam dispute
or other matter in question has ansen and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such clam dispute
or other matter in question would be barred by the
applicable statute of limitations
164 Except as provided in paragraph 16 5 below
no arbitration arising out of or relating to the Contract
Documents shall include by consc hdation, joinder or many
other manner any other person or entity (Including
ENGEVEER. ENGINEERS Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this comract unless
164 1 the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who we already parties to the arbitration, and
16 4 2 such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings and
16 4 3 the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with arty party not
specifically identified in such consent
165 Notwithstanding paragraph 164 if a claim
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder CONTRACTOR shall
include in all subcontracts required by paragraph 6 11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor Nothing in this paragraph 16 5 nor in the
provision of such subcontract consenting to joinder shall
create any claim right or cause of action in favor of
Subcontractor and against OWNER ENGINEER or
ENGINEER s Consultants that does not otherwise exist
166 The award rendered by the arbitrators will be
final judgment may be entered upon it in any court having
jurisdiction thereof and it will not be subject to
modification or appeal
167 OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled clams,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ( disputes ) to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them mitia[mg
against the other a demand for arbitration pursuant to
paragraphs 161 through 16 6 unless delay in initiating
arbitration would irrevocably prejudice one of the parties
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16 2 and 16 3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed
E CDC GENERAL CONDITIONS 1910 8 (1990 Edinm) GC At
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 999)
EJCDC GENERAL CONDITIONS 19I0 6 (1990 Ethlim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
GC At
SE
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of
the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below
SC-4 2 Subsurface and Physical Conditions
A Add the following language to paragraph 4 2 1 of the General
Conditions
4 2 1 1 1 The following report(s) of exploration and tests of
subsurface conditions at the site of the Work
Contractor may rely upon the accuracy of the technical data
contained in the geotechnical documents, but not upon nontechnical
data, interpretations or opinions contained therein or upon the
completeness of any information in the report
B 4 2 1 2 1 No drawing of physical conditions in or relating to
existing surface or subsurface structures (except Underground
Facilities referred to in Paragraph 4 3) which are at or contiguous
to the site have been utilized by the Engineer in preparation of
the Contract Documents, except the following
SC-5 4 8 Limits of Liability
A Add the following language at the end of paragraph 5 4 8
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows
Rev 10/20/07 Section 00800 Page 1
5 4 1 and 5 4 2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5 4 3 and 5 4 5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL) This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner
5 4 6The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL)
5 4 9This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL)
SC-12 3 Add the following language to the end of paragraph 12 3
Contractor will include in the project schedule zero days lost due to
abnormal weather conditions
Rev 10/20/07 Section 00800 Page 2
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960 Application for Payment
Rev 10/20/07
SECTION 00950
CHANGE ORDER NO
PROJECT TITLE 6086 Olive Street Concrete Improvements
CONTRACTOR
PROJECT NUMBER
DESCRIPTION
1 Reason for change
2 Description of Change
3 Change in Contract Cost
4 Change in Contract Time
ORIGINAL CONTRACT COST $ 00
TOTAL APPROVED CHANGE ORDER 0 00
TOTAL PENDING CHANGE ORDER 0 00
TOTAL THIS CHANGE ORDER 0 00
TOTAL % OF THIS CHANGE ORDER
TOTAL C 0 a OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0 00
(Assuming all change orders approved)
ACCEPTED BY DATE
Contractor's Representative
ACCEPTED BY DATE
Project Manager
REVIEWED BY DATE
Title
APPROVED BY DATE
Title
APPROVED BY DATE
Purchasing Agent over $30,000
cc City Clerk Contractor
Project File Architect
Engineer Purchasing
Rev 10/20/07 Section 00950 Page 1
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
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
Rev 10/20/07 Section 00100 Page 5
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
PROJECT 6086 Olive Street
OWNER City of Fort Collins Concrete Improvements APPLICATION NUMBER
APPLICATION DATE
PERIOD BEGINNING
ENGINEER CONTRACTOR PERIOD ENDING
PROJECT NUMBER
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT follows
1
2 Original Contract Amount
3 Net Change by Change Order
Net Change by Change Order
Current contract Amount
Total Completed and Stored to Date
Less Previous Applications
Amount Due this Application Before Retamage
Less Retainage
$0 00
$0 00 I AMOUNT DUE THIS APPLICATION $0 00
CERTIFICATION
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14 3 of the General Conditions of the Contract
The above Amount Due This Application is requested by the
CONTRACTOR
Date
Payment of the above Amount Due This Application is recommended by the ENGINEER
Date
By
Payment of the above Amount Due This Application has been reviewed by the OWNER S Protect Manager
Date
By
Payment of the above Amount Due This Application is approved by the OWNER
Rev 10/20/07 Section 00960 Page 1
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
Number Description Quantity Units Price Amount
Qty
Amount
Qty Amount
Qty
Amount
Period
To Date Billed
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0
00
$0
00
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00
$0
00
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00
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00
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00
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00
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00
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00
$0
00
$0
00
$0
00
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00
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00
$0
00
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00
$0
00
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00
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00
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00
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00
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00
$0
00
$0
00
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00
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00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
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00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
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00
$0
00
$0
00
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00
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00
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00
$0
00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0
00
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00
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00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
$0
00
TOTALS $0
00
$0
00
$0
00
$0
00
$0
00
Section 00960 Page 2
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
To
Number Description Quantity Units
Price Amount
Qty Amount
Qty Amount
Cty
Amount
Period
Date
Billed
$0 00
$0
00
$0
00
$0
00
$0
00
$0 00
$0
00
$0
00
$0
00
$0
00
$0 00
$0
00
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00
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00
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00
$0 00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0 00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0 00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0 00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
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00
$0 00
$0
00
$0
00
$0
00
$0
00
$0 00
$0
00
$0
00
$0
00
$0
00
TOTALS CHANGE ORDERS
$0 00
$0
00
$0
00
$0
00
$0
00
PROJECT TOTALS
$0 00
$0
00
$0
00
$0
00
$0
00
Section 00960 Page 3
STORED MATERIALS
SUMMARY
On Hand Received Installed
Item Invoice Previous This This
Number Number Description Application Period Period
PAGE 4 OF 4
On Hand
This
Application
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
$0 00
TOTALS $0 00 $0 00
$0 00 $0 00
Section 00960 Page 4
2008 OLIVE STREET CONCRETE IMPROVEMENTS
GENERAL REQUIREMENTS INDEX
SECTION
01010 Summary of Work
01040 Coordination
01310 Construction Schedules
01330 Survey Data
01340 Shop Drawings
01410 Testing
01510 Temporary Utilities
01560 Temporary Controls
01700 Contract Closeout
01800 Method of Measurement and Basis of Payment
PAGE NUMBERS
General Requirements 1 2
General Requirements 3 4
General Requirements 5 6
General Requirements 7
General Requirements 8 10
General Requirements 11 12
General Requirements 13
General Requirements 14 15
General Requirements 16
General Requirements 17
SECTION 01010
SUMMARY OF WORK
11 DESCRIPTION OF WORK
A This work shall consist of the removal and/or installation of concrete pavement curbs gutters sidewalks alley
approaches inlets and pedestrian access ramps on West Olive Street between College Avenue and Mason
Street in the City of Fort Collins Specific locations are described in Section 3500 Project Map
B Protection and Restoration
1 Replace to equal or better conditions all items removed and replaced or damaged during construction Restore
all areas disturbed to match surrounding surface conditions Also see tree protection standards
C Construction Hours
Construction hours except for emergencies shall be limited to 7 00 a in to 5 00 p in Monday through Friday
unless otherwise authorized in wnting by the Engineer After hour equipment operation shall be in accordance
with Section 1560
Any work performed by the Contractor outside of the construction hours whether or not authorized by the
Engineer shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner s costs in providing field engineering and/or inspection services because of such work The cost for
field engineering and inspection shall be $50 00 per hour
1 2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A Notify private owners of adjacent property utilities imgation canal and affected governmental agencies when
prosecution of the Work may affect them
B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services
C Contact utilities at least 48 hours prior excavating near underground utilities
D Contact all agencies at least 72 hours pnor to start of construction Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation
E Mark Taylor and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager)
Mark Taylor 970 416 2494 Cell 970 231 1405
Enka Keeton 970 221 6605 Cell 970 222 0787
F Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractors
convenience
General Requirements Page I of 17
UTILITIES
Water
City of Fort Collins Colorado
970 221 6700 Meter Shop 970 221 6759
Storm Sewer
City of Fort Collins Colorado
970 221 6700
Sanitary Sewer
City of Fort Collins Colorado
970 221 6700
Electrical
City of Fort Collins Colorado
970 221 6700
Gas
Excel Energy
970 482 5922 970 221 8553
Telephone
Qwest
970 484 0300 970 226 6310
Traffic Operations
City of Ft Collins Colorado
970 221 6608
Cable Television
Comcast
970 493 7400
*Utility Locates Under One call System
1 800 922 1987
AGENCIES
Safety
Occupational Safety and Health Administration
(OSHA) 844 3061
Fire
Poudre Fire Authority
Non Emergency 970 221 6581
Emergency 911
Police
City of Fort Collins Police Department
Non Emergency 970 221 6550
Emergency 911
Postmaster
US Postal Service 970 225 4111
Transportation
Transfort 970 221 6620
Traffic Engineering 970 221 6608
END OF SECTION
Lanmer County Sheriffs Department
Non Emergency 970 221 7177
Ambulance
Poudre Valley Hospital
Non Emergency 970 484 1227
Emergency 911
General Requirements Page 2 of 17
SECTION 01040
COORDINATION
1 I GENERAL CONTRACTOR RESPONSIBILITIES
A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor shall
also coordinate with the Landscape Contractor whose Work is separate from the General Contractor s contract
B Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities agencies or public safety
C Coordinate operations under contract with utility work to allow for efficient completion of the Work
D Coordinate all operations with the adjoining property owners business owners and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times
12 CONFERENCES
A A Pre construction Conference will be held prior to the start of construction
1 Contractor shall participate in the conference accompanied by all major Subcontractors including the Traffic
Control Supervisor assigned to the project
2 Contractor shall designate/introduce Superintendent and major Subcontractors supervisors assigned to project
3 The Engineer shall invite all utility companies involved
4 The Utilities will be asked to designate their coordination person provide utility plans and their anticipated
schedules
5 The Engineer shall introduce the project Representatives
B Additional project coordination conferences will be held prior to start of construction for coordination of the Work
refining project schedules and utility coordination
C Engineer may hold coordination conferences to be attended by all involved when Contractor s operations affects or
is affected by the work of others
1 Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer
1 3 PROGRESS MEETINGS
A Contractor and Engineers Project Representatives shall schedule and hold regular progress meetings at least
weekly and at other times as requested by the Engineer or required by the progress of the Work
B Attendance shall include
1 Contractor and Superintendent
2 Owners Representatives
3 Engineer and Resident Project Representative
4 Traffic Control Supervisor
5 Others as may be requested by Contractor Engineer or Owner
General Requirements Page 3 of 17
Minimum agenda shall include
1 Review of work progress since last meeting
2 Identification and discussion of problems affecting progress
3 Review of any pending change orders
4 Revision of Construction Schedule as appropriate
D The Engineer and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity sheets
shall be signed by both parties These quantity sheets when signed shall be final and shall be the basis for the
monthly progress estimates This process ensures accurate monthly project pay estimates
END OF SECTION
Geneml Requi=ents Page 4 of 17
SECTION 01310
CONSTRUCTION SCHEDULES
11 GENERAL
A The contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre construction conference This schedule will show how the contractor
intends to meet the milestones set forth
1 No work is to begin at the site until Owners acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials
12 FORMAT AND SUBMISSIONS
A Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress
B Submit two copies of each schedule to Owner for review
1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others
C The schedule must show how the street landscaping and various utility work will be coordinated
13 CONTENT
A Construction Progress Schedule
1 Show the complete work sequence of construction by activity and location
2 Show changes to traffic control
3 Show project milestones
B Report of delivery of equipment and materials
1 Show delivery status of critical and major items of equipment and materials
2 Include a schedule which includes the critical path for Shop Drawings tests and other submittal requirements for
equipment and materials reference Section 01340
14 PROGRESS REVISIONS
A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen when
requested by Owner or Engineer and with each application for progress payment
B Show changes occurring since previous submission
1 Actual progress of each item to date
2 Revised projections of progress and completion
C Provide a narrative report as needed to define
1 Anticipated problems recommended actions and their effects on the schedule
2 The effect of changes on schedules of others
General Requaements Pa6e 5 of 17
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
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
Rev 10/20/07 Section 00100 Page 6
1 5 OWNERS RESPONSIBILITY
A Owners review is only for the purpose of checking conformity with the Contract Documents and assisting
Contractor in coordinating the Work with the needs of the Project
B It is not to be construed as relieving Contractor from any responsibility to determine the means methods techniques
sequences and procedures of construction as provided in the General Conditions
END OF SECTION
General Requirements Page 6 of 17
SECTION 01330
SURVEY DATA
11 SURVEY REQUIREMENTS
A The Owner will provide the construction surveying for the street and landscaping improvements City Survey
Crews will perform the surveying required
B The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
surveying
C If the requested surveying cannot be accomplished in the time frame requested by the Contractor the survey
personnel shall notify the Contractor with the date on which the requested work will be completed
D Should a sudden change in the Contractors operations or schedule require the survey personnel to work overtime
the Contractor shall pay the additional overtime expense
E The Contractor shall protect all survey monuments and construction stakes If it is unavoidable to remove a survey
monument or construction stakes the Contractor is responsible for notifying the Surveyor and allowing enough
time for the monuments or stakes to be relocated The Contractor will be responsible for the cost of re staking
construction stakes and for the cost of re establishing a destroyed monument
F The Contractor shall be responsible for transferring the information from the construction stakes to any necessary
forms and for constructing all pipelines drainage ways pavements inlets walls and other structures in accordance
with the information on the stakes and grade sheets supplied by the Owner
END OF SECTION
General Requirements Page 7 of 17
SECTION 01340
SHOP DRAWINGS
11 GENERAL
A Submit Shop Drawings Samples and other submittals as required by individual specification sections
1 Engineer will not accept Shop Drawings or other submittals from anyone but Contractor
B Schedule Reference Section 01310 Construction Schedules Submittals received by Engineer prior to the time set
forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the
schedule
C Any need for more than one re submission or any other delay in obtaining Engineer s review of submittals will not
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of
Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for
review of the submittals or for any other reason which prevents Engineer s timely review Failure of Contractor to
coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or
an increase in Contract Price
D Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication
E Do not use matenals or equipment for which Shop Drawings or samples are required until such submittals stamped
by Contractor and properly marked by Engineer are at the site and available to workmen
F Do not use Shop Drawings which do not bear Engineers mark NO EXCEPTION TAKEN inthe performance of
the Work
Review status designations listed on Engineers submittal review stamp are defined as follows
1 NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work Contractor is
to proceed with fabrication or procurement of the items and with related work Copies of the submittal are to be
transmitted for final distribution
2 REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance
with Engineers notations Contractor is to proceed with the Work in accordance with Engineers notations and
is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter
of transmittal
3 REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work
Contractor is to submit submittals responsive to the Contract Documents
General Requirements Page 8 of 17
4 FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only pamphlets general information sheets
catalog cuts standard sheets bulletins and similar data all of which are useful to Engineer or Owner in design
operation or maintenance but which by their nature do not constitute a basis for determining that items
represented thereby conform with the design concept or comply with the information given in the Contract
Documents Engineer reviews such submittals for general information but not for substance
1 2 SHOP DRAWINGS
A Include the following information as required to define each item proposed to be furnished
1 Detailed installation drawings showing foundation details and clearances required for construction
2 Relation to adjacent or critical features of the Work or materials
3 Field dimensions clearly identified as such
4 Applicable standards such as ASTM or Federal Specification numbers
5 Drawings catalogs or parts thereof manufacturers specifications and data instructions performance
characteristics and capacities and other information specified or necessary
a For Engineer to determine that the materials and equipment conform with the design concept and comply
with the intent of the Contract Documents
b For the proper erection installation and maintenance of the materials and equipment which Engineer will
review for general information but not for substance
c For Engineer to determine what supports anchorages structural details connections and services are
required for materials and equipment and the effect on contiguous or related structures materials and
equipment
6 Complete dimensions clearances required design criteria materials of construction and the like to enable
Engineer to review the information effectively
B Manufacturers standard drawings schematics and diagrams
1 Delete information not applicable to the Work
2 Supplement standard information to provide information specifically applicable to the Work
C Format
Present in a clear and thorough manner
Minimum sheet size 8 'h x 11
Clearly mark each copy to identify pertinent products and models
Individually annotate standard drawings which are furnished cross out items that do not apply describe exactly
which parts of the drawing apply to the equipment being famished
Individually annotate catalog sheets to identify applicable items
Reproduction or copies of portions of Contract Documents
a Not acceptable as complete fabrication or erection drawings
b Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings
Clearly identify the following
a Date of submission
b Project title and number
c Names of Contractor Supplier and Manufacturer
d Specification section number specification article number for which items apply intended use of item in the
work and equipment designation
e Identify details by reference to sheet detail schedule or room numbers shown in the Contract Documents
f Deviations from Contract Documents
g Revisions on re submittals
General Requirements Pa6e 9 of 17
h Contractors stamp initialed or signed certifying to review of submittal verification of products field
measurements and field construction criteria and coordination of the information within the submittal with
requirements of the Work and the Contract Documents
13 SUBMISSION REQUIREMENTS
A Make submittals promptly to accordance with approved schedule and in such sequence as to cause no delay in the
Work or inthe work of any other contractor
B Minimum number required
1 Shop Drawings
a Three (3) copies minimum two (2) copies which will be retained by Engineer
14 RE SUBMISSION REQUIREMENTS
A Make corrections or changes required by Engineer and resubmit until accepted
B In writing call Engineers attention to deviations that the submittal may have from the Contract Documents
C In writing call specific attention to revisions other than those called for by Engineer on previous submisslons
D Shop Drawings
1 Include additional drawings that may be required to show essential details of any changes proposed by
Contractor along with required wiring and piping layouts
END OF SECTION
Geneml Requirements Page 10 of 17
SECTION 01410
TESTING
11 GENERAL
A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples Do not use any materials or equipment represented by samples until tests if required have
been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work
B All materials or equipment proposed to be used maybe tested at anytime during their preparation or use Furnish
the required samples without charge and give sufficient notice of the placing of orders to permit the testing
Products may be sampled either prior to shipment or after being received at the site of the work
C Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM)
D Where additional or specified information concerning testing methods sample sues etc is required such
information is included under the applicable sections of the Specifications Any modification of or elaboration on
these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures
1 2 OWNER S RESPONSIBILITIES
A Owner shall be responsible for and shall pay all costs in connection with testing for the following
1 Soil tests except those called for under Submittals thereof
2 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner
3 Concrete test except those called for under Submittals thereof
13 CONTRACTORS RESPONSIBILITIES
A In addition to those inspections and tests called for in the General Conditions Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following
1 All performance and field testing specifically called for by the specifications
2 All retesting for Work or materials found defective or unsatisfactory including tests covered under 1 2 above
3 All minimum call out charges or stand by time charges from the tester due to the Contractor s failure to pave
pour or fill on schedule for any reason except by action of the Engineer
B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing
14 CONTRACTORS QUALITY CONTROL SYSTEM
A General The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items
of Work including that of his subcontractors to ensure conformance to the functional performance of this project
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner The Contractor s control system shall
specifically include all testing required by the various sections of these Specifications
General Requirements Page 11 of 17
B Superintendence The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work The Superintendent shall have adequate experience to perform the duties of Superintendent
C Contractor s quality control system is the means by which he assures himself that his construction complies with the
requirements of the Contract Documents Controls shall be adequate to coverall construction operations and should
be keyed to the proposed construction schedule
D Records Maintain correct records on an appropriate form for all inspections and tests performed instructions
received from the Engineer and actions taken as a result of those instructions These records shall include evidence
that the required inspections or tests have been performed (including type and number of inspections or test nature
of defects causes for rejection etc ) proposed or directed remedial action and corrective action taken Document
inspections and tests as required by each section of the Specifications Provide copies to Engineer weekly
END OF SECTION
General Requirements Page 12 of 17
SECTION 01510
TEMPORARY UTILITIES
11 UTILITIES
A Furnish all utilities necessary for construction
B Make arrangements with Owner as to the amount of water required and time when water will be needed
1 Meters may be obtained through the Water Utility Meter Shop at 221 6759
2 Unnecessary waste of water will not be tolerated
C Furnish necessary water trucks pipes hoses nozzles and tools and perform all necessary labor
1 2 SANITARY FACILITIES
A Fumish temporary sanitary facilities at each site for the needs of construction workers and others performing work or
furnishing services on the Project
B Properly maintain sanitary facilities of reasonable capacity throughout construction periods
C Enforce the use of such sanitary facilities by all personnel at the site
D Obscure from public view to the greatest practical extent
END OF SECTION
General Requirements Page 13 of 17
SECTION 01560
TEMPORARY CONTROLS
1 1 NOISE CONTROL
A Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas
B Construction machinery and vehicles shall be equipped with practical sound muffling devices and operated in a
manner to cause the least noise consistent with efficient performance of the Work
C Cease operation of all machinery and vehicles between the hours of 6 00 p in and 7 00 a in
1 2 DUST CONTROL
A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing
B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant
1 Chemical dust suppressant shall not be injurious to existing or future vegetation
1 3 POLLUTION CONTROL
A Prevent the pollution of drams and water courses by sanitary wastes concrete sediment debris and other substances
resulting from construction activities
1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the site
2 Prevent sediment debris or other substances from entering sanitary sewers storm drains and culverts
14 EROSION CONTROL
A Take such measures as are necessary to prevent erosion of soil that might result from construction activities
1 Measures in general will include
a Control of runoff
b Trapping of sediment
c Minimizing area and duration of soil exposure
d Temporary materials such as hay bales sand bags plastic sheets riprap or culverts to prevent the erosion of
banks and beds of watercourses or drainage swales where runoff will be increased due to construction
activities
B Preserve natural vegetation to greatest extent possible
C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion
D Comply with the City of Fort Collins Storm Drainage Erosion Control Manual
General Requirements Page 14 of 17
1 5 TRAFFIC CONTROL
A Maintain traffic control in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) the City of
Fort Collins Work Area Traffic Control Handbook and the current Latimer County Urban Area Street
Standards In the event of a conflict between the MUTCD criteria and the City s criteria the City s criteria shall
govern
1 6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements both new and old from heavy loads
These pavements may include but are not limited to recently constructed pavements recently overlaid pavements
and/or pavements whose condition would be significantly damaged by heavy loads
END OF SECTION
General Requirements Page 15 of 17
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 ma]or
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
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
Rev 10/20/07 Section 00100 Page 7
SECTION 01700
CONTRACT CLOSEOUT
1 1 CLEANING AND RESTORATION
A Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun This will include providing labor equipment and materials for cleaning repairing and replacing facilities
damaged or soiled during construction The Engineer will be the judge of the degree of restoration required
12 PROJECT RECORD DOCUMENTS
A Maintain on the job site and make available to the Engineer upon request one current marked up set of the
drawings which accurately indicate all approved variations in the completed work that differ from the design
information shown on the drawings Further these drawings should reflect all underground obstacles encountered
B These record drawings along with any survey records photographs and written descriptions of said work as may be
required by the Engineer shall be submitted prior to project acceptance
END OF SECTION
General Requirements Page 16 of 17
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1 1 DEFECTIVE WORK
A Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance
1 2 BID PRICE
A The Total Bid Price covers all Work required by the Contract Documents All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work
B Prices shall include all costs in connection with the proper and successful completion of the Work including
furnishing all materials equipment and tools and performing all labor and supervision to fully complete the Work
C Unit prices shall govern over extensions of sums
D Unit prices shall not be subject to re negotiation
1 3 ESTIMATED QUANTITIES
A All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The
basis of payment shall be the actual amount of materials furnished and Work done
B Contractor agrees that he will make no claim for damages anticipated profits or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor
END OF SECTION
General Requirements Page 17 of 17
SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Division of Transportation Standard Specifications for Road and Bridge Construction 2005 and the
current Latimer County Urban Area Street Standards (hereafter referred to as the Standard Specifications ) are made
a part of this Contract by this reference except as revised herein and are hereby adopted as the minimum Standard
Specifications of Compliance for this project In those instances where the Standard Specifications conflict with any of
the provisions of the preceding Sections the preceding Sections shall govem
INDEX OF REVISIONS
SECTION
104 Traffic and Parking Control
105 Control of Work
I07 Protection and Restoration of Property and Landscape
108 Prosecution and Progress
201 Removal of Structures and Obstructions
202 Excavation and Embankment
210 Reset Structures
304 Aggregate Base Course
604 Inlets and Culverts
608 & 609 Sidewalks Curb and Gutter Drive Approaches Aprons Crosspans and Concrete Pavement
REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
Section 104 of the Standard Specifications is hereby replaced with the following
Traffic and parking control will be provided by the City of Fort Collins
Parking for Contractor employees will NOT be permitted in the work zone or in the general Downtown
vicinity Rooftop Parking Passes for two Downtown parking structures are available for $24/month per vehicle
from the City of Fort Collins Parking Services Office The Civic Center structure is located on the southeast
comer of Mountain and Mason and the Old Town structure is located on the southeast corner of Remington and
Mountain Both are conveniently located near the project All vehicles not required to perform the Work shall
obtain a Rooftop Parking Pass or be confined to the limits of the staging area (if applicable)
Project Specifications — Page t of 17
REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised as follows
COOPERATION WITH UTILITIES
Subsection 105 10 shall include the following
Concrete construction and/or reconstruction operations at intersections may involve the destruction and
replacement of traffic signal loop detectors The existing traffic signal loop detectors shall be removed by the
contractor at no additional cost New loop detectors may be installed at other intersections where they do not
now exist New and replacement loop detectors will be installed by the City Traffic Division The Contractor
shall cooperate with the schedule of this work to insure the timely installation of new loop detectors
Also the Contractor shall coordinate with the City Traffic Division to insure that any cleanup required after the
installation of the loop detectors will be completed before concrete placement operations begin
COOPERATION BETWEEN CONTRACTORS
Subsection 105 11 shall include the following
City Utilities Parks Traffic concrete and utility contractors may perform work related to the project within or
new the limits of this project The Contractor shall conduct the work without interfering or hindering the
progress or completion of the work being performed by other contractors The Contractor shall coordinate
extensively with these entities to minimize traffic control and scheduling conflicts and ensure timely
completion of all the work
INSPECTION AND TESTING OF WORK
Subsection 105 15 shall include the following
The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of
required inspection measuring for pay quantities and sampling The Contractor shall notify the Engineer a
minimum of 24 hours in advance of starting any construction operation that will require inspection measuring
for pay quantities or sampling Failure of the Contractor to provide such notice will relieve the owner and the
Engineer from any responsibility for additional costs or delays caused by such failure
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his
contract as prescribed Work and materials not meeting specifications shall be corrected and unsuitable work or
materials may be rejected notwithstanding that such work or materials have been previously inspected by the
Engineer or that payment therefore has been included in the progress estimate
MAINTENANCE DURING CONSTRUCTION
Subsection 105 18 shall include the following
The roadway area including curb gutter and sidewalk adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity but in no case shall the area be left uncleaned
after the completion of the days work It shall be the Contractors responsibility to provide the necessary
manpower and equipment to satisfactorily clean the roadway area
Project Specifications— Page 2 of 17
REVISION OF SECTION 105
CONTROL OF WORK
The Contractor shall utilize a combination of pick up brooms side brooms and/or other equipment as needed to
clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work
The Contractor shall maintain the streets during the construction process as prescribed above
If a street requires additional sweeping by City forces the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner s cost to provide said service
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately but shall be included in the work
Project Specifications— Pate 3 of 17
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised as follows
Subsection 107 12 shall include the following
The fact that any underground facility sprinkler systems utility services etc is not shown on the plans
details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the
Contract It shall be the Contractors responsibility pursuant thereto to ascertain the location of such
underground improvements which may be subject to such damage by reason of his operations
Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer
If the area to be repaired is five (5) inches or less in width the Contractor shall clean the area of all debris It e
concrete road base etc ) to a minimum depth of four (4) inches prepare all edges to be clean and vertical and
place (see below) and compact topsoil The topsoil shall be compacted utilizing a hand operated roller or other
method approved by the Engineer
For concrete repair locations the placement of topsoil (backfill) shall be completed within two (2) working days
of the placement of the concrete
The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil refuse stumps roots
rocks brush weeds heavy clay hard clods toxic substances or other material which would be detrimental to
the proper development of vegetative growth The material to be utilized shall be approved by the Engineer
prior to placement
The topsoil shall be in a relatively dry state and placed during dry weather The topsoil shall be fine graded to
eliminate rough and low areas and ensure positive drainage The existing levels profiles and contours shall be
maintained
If any portion of the area to be repaired is greater than five (5) inches in width the Contractor shall clean and
prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot
place sod over the entire area water once and notify the property owner in writing of the nature of the work
that has taken place and that the sod will be watered only once
If the area to be repaired is only damaged on the surface the Contractor shall remove the damaged areas of sod
to a depth that will allow new sod to be placed place new sod water once and notify the property owner in
writing of the nature of the work that has taken place and the fact that the sod will be watered only once The
minimum overall width of the area to be sodded shall be one (1) foot
For concrete repair locations the placement of sod shall be completed by the end of the first working day of the
week following the placement of the concrete
Sprinkler systems Sprinkler systems designated for relocation shall be capped off at the limits of construction
and protected from damage by the contractor Sprinkler heads shall be salvaged and stockpiled on each
property for use when reconstructing the sprinkler systems
Sprinkler systems damaged outside of the construction limits as a result of construction operations shall be
replaced at the Contractor s expense within three (3) working days from the date of damage In areas where the
Engineer directs new work or the reconstruction areas require grade adjustment the placement of topsoil sod
and sprinkler relocation will be provided by the City tinder separate contract
Project Specifications —Page 4 of 17
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his
expense unless a written waiver is obtained from the property owner and submitted to the Engineer Re sodded
lawns shall be watered once by the Contractor
All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work and no measurement or payment shall be made
separately for the protection and restoration of landscaping and lawns All restoration of landscaping and lawns
damaged by construction operations other than concrete repair shall take place within three (3) working days
from the date of damage
All labor materials tools equipment incidentals and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for
separately
Protect Specifications — Page 5 of 17
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 108 of the Standard Specifications is hereby revised as follows
SCHEDULE
Subsection 108 03 shall include the following
A schedule of work must accompany any bed and shall include number of working days to complete all unit
work items covered by the contract A vicinity map is included in Section 03500 Project Maps The schedule
should take any priorities into consideration The schedule should also include projected start and end dates
Prior to award mutually acceptable milestones shall be determined by the Contractor and the City based on the
schedule of working days discussed above
LIMITATION OF OPERATIONS
Subsection 108 04 shall include the following
The work shall be completed within the following calendar months
JAN FEB I M= MAY JUN JUL AUG SEPT OCT NOV DEC
West Olive Street well be closed to all traffic for 7 days only for placement and cure of concrete
pavement Estimated schedule for paving is March 31 through April 6
All work shall be completed between March l 2008 and April 30 2008
The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and
residents of the downtown area Every effort will be made to maintain pedestrian flow and to accommodate
special events and high volume holidays for businesses pedestrians parking and vehicle traffic Contractor
shall be responsible for communicating accurate scheduling information to the project team to assure proper
notification of businesses and residents
DETERMINATION AND EXTENSION OF TIME
Subsection 108 07 shall include the following
Work hours shall be 7 00 a in to 5 00 p in Monday through Friday or as approved by the Engineer
Work shall commence no earlier than March 1 2008 and shall be substantially complete on or before April 30
2008
All Work is to be completed in twenty five (25) working days
Project Specifications— Page 6 of 17
REVISION OF SECTION 201
CLEARING AND GRUBBING
FAILURE TO COMPLETE WORK ON TIME
Subsection 108 08 shall include the following
Failure to meet the agreed upon milestones or fully complete the project in twenty five (25) working days shall
result in damages assessed against the Contractor
At the City s option liquidated damages in the amount of $1000 00 per day may be retained from any monies
due the Contractor or the City may retain an additional contractor(s) to complete the work or portion thereof
and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the
Contractor in lieu of liquidated damages
Protect Specifications — Page 7 of 17
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
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
Rev 10/20/07 Section 00100 Page 8
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised as follows
DESCRIPTION
Subsection 202 01 is revised to include the following
This work consists of sawing and cutting to facilitate controlled breaking and removal of concrete and
asphalt to a neat line
CONSTRUCTION REQUIREMENTS
Subsection 202 02 is revised to include the following
Sawing of concrete shall be done to a true line with a vertical face unless otherwise specified The depth
of a saw cut in concrete shall be the full depth of the existing concrete slab or as directed by the Engineer
Residue from sawing shall be removed by the Contractor at the earliest opportunity The Contractor shall
prevent tracking of residue onto the roadway or walkway and shall prevent discharge into the storm drainage
system
METHOD OF MEASUREMENT
Subsection 202 11 is revised to include the following
Sawing shall be measured by the lineal foot/inch Sawcuttmg shall be paid for only in connection with
concrete removal For all other types of work including control joints sawcutting shall be considered a
subsidiary obligation of the Contractor and shall not be measured or paid for separately
BASIS OF PAYMENT
Subsection 202 12 is revised to include the following
Payment will be made under
Pay Item
Unit
202 01 Sawcut Concrete Pavement — Per Inch Depth LF/Inch
The above prices and payments shall include full compensation for furnishing all labor materials tools
equipment and incidentals and for doing all work involved in Sawcuttmg including cleanup as specified in
these specifications as shown on the plans and as directed by the Engineer
Project Specifications — Page 8 of 17
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised as follows
DESCRIPTION
Subsection 203 01 is revised to include the following
This work shall consist of removing and disposing of the existing pavement base or other material preparing
the subgrade for the subsequent course and placing borrow in accordance with the specifications and in
reasonably close conformity with the lines grades and typical cross sections shown on the plans or as
designated by the Engineer All excavation will be classified General Excavation as hereafter described
The Contractor shall dispose of all excavated material
CONSTRUCTION REQUIREMENTS
Subsection 203 05 is revised to include the following
General Excavation shall consist of the excavation of all materials of whatever character required for the work
not being removed under some other item
The Contractor shall be responsible for the protection of the subgrade/base course until subsequent courses have
been placed
The excavation will be accomplished in the following manner
General Excavation
The areas to be removed will be marked on the surface by the Engineer with paint A straight vertical cut shall
be made through the pavement if necessary to provide a square or rectangular opening such that each edge will
be parallel or at right angles to the direction of traffic Wheel cutting shall not be allowed
If in the opinion of the Engineer the subgrade material is unsuitable it shall be removed to the limits and
depths designated
Where excavation to the finished grade section (including General Excavation and Patching) results in a
subgrade of unsuitable soil the Engineer may require the Contractor to remove the unsuitable materials and
backfill to the finished grade section with approved material (asphalt or borrow)
After the material has been removed to the depth specified by the Engineer the Contractor shall prepare the
subgrade by compacting with a sheepsfoot roller rubber tired roller and/or other compaction equipment as
approved by the Engineer The subgrade preparation shall not be measured and paid for separately but shall be
included in the contract unit price for General Excavation
Borrow
Borrow shall be placed as directed by the Engineer The minimum amount of borrow shall be one load
(approximately ten (10) ton) The cost for compaction shall be included in the Contract Unit Price for Borrow
Project Specifications — Page 9 of 17
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate
Base Course (The Class 1 Aggregate Base Course need not be crushed and can be of the pit run variety
provided it falls within the gradation requirements as shown in the Standard Specifications ) The material
required for a specific location shall be directed by the Engineer
Borrow will be paid by the ton at the proper moisture Haul and water necessary to bring mixture to optimum
moisture content will not be measured or paid for separately but shall be included in the contract unit price for
Borrow
Load slips shall be consecutively numbered for each day and submitted to the Engineer daily
METHOD OF MEASUREMENT
Subsection 203 13 is revised to include the following
The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further
work continues Should the Contractor fad to request the Engineer to measure any work and perform other
work that would prevent the Engineer from measuring pay quantities the Contractor shall not be compensated
for materials not measured by the Engineer
The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard Subgrade
preparation haul and disposal will not be measured and paid for separately
The accepted quantities of Borrow will be paid for at the contract unit price per ton Compaction and haul will
not be measured and paid for separately
BASIS OF PAYMENT
Subsection 203 14 shall include the following
Payment will be made under
Pay Item Unit
203 01 General Excavation CY
20302 Borrow Ton
The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and
incidentals and for doing all the work involved in Excavation and Embankment including haul stockpiling placing
material watering or drying sod compaction proof rolling finish grading and disposal of unusable materials as shown
on the plans as specified in these specifications and as directed by the Engineer
Project Specifications — Page 10 of 17
REVISION OF SECTION 210
RESET STRUCTURES
Section 210 of the Standard Specifications is hereby revised as follows
CONSTRUCTION REQUIREMENTS
Subsection 210 10 is revised to include the following
Manholes valve boxes meter boxes and all other similar structures located in a pavement shall be adjusted as
noted below
Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay the
Contractor shall mark on the curb and gutter with paint the location of all existing structures These markings
shall be maintained by the Contractor until the work has been completed and accepted by the Engineer
The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all
necessary materials on hand prior to commencing the work Contractor shall verify that manholes and valve
boxes can be adjusted prior to construction
All structures shall be adjusted to be 1/8 to 5/8 below the pavement
Valve boxes shall be adjusted by removing the existing pavement (concrete or asphalt) and adjusting the valve
by turning it to the proper grade This item will be measured and paid for separately under Adjust Valve Box
not including bituminous/concrete material
The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If the Contractor is
negligent and breaks the valve box said valve box shall be replaced at the Contractors expense
Manholes shall be adjusted by removing an area of pavement (concrete or asphalt) with a minimum diameter
one foot (I ) larger than the structure (centered on the structure) by cutting vertical edges adjusting the manhole
by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade This item will
be paid for under Adjust Manhole not including bituminous/concrete material
When the manhole adjustment is complete the slope of the top surface of the manhole cover shall match the
slope of the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or
noisy under traffic shall be replaced by the Contractor
The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into
manholes valve boxes or other structures during the construction process
In the event that a structure was not properly adjusted (i a too high or too low) written notice will be given by
the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5)
working days In the event that the structure is not adjusted within said time frame the Engineer shall have the
right to engage a third party to complete the work and to withhold the cost of such work from payments due the
Contractor
The Engineer will also notify the Contractor in writing of any structures that were covered during the paving
operation The Contractor shall then have five (5) working days to make said structure accessible or will be
subject to the constraints of the previous paragraph with respect to a third party completing the work
Project Specifications— Page I of 17
REVISION OF SECTION 210
RESET STRUCTURES
METHOD OF MEASUREMENT
Subsection 210 12 shall include the following
The accepted quantities of Adjust Manholes Valve Boxes and Meter Boxes will be paid for at the contract unit
price per each Non shrink backfill concrete haul and disposal will not be measured and paid for separately
but shall be included in the contract unit price for each type of adjustment
BASIS OF PAYMENT
Subsection 210 13 shall include the following
Payment will be made under
Pay Item Pay Unit
21001 Adjust Valve Box Each
210 02 Adjust Manhole Each
The above prices and payments shall include full compensation for furnishing all labor materials tools
equipment and mcidentals and for doing all the work involved in adjusting structures complete in place
including non shrink backfill concrete haul and disposal as shown on the plans as specified in these
specifications and as directed by the Engineer
Protect Specifications —Page 12 of 17
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised as follows
MATERIALS
Subsection 304 02 is revised to include the following
Aggregate Base Course shall meet the grading requirements for Class 5
METHOD OF MEASUREMENT
Subsection 304 07 is revised to include the following
Aggregate Base Course will be measured by the ton at the proper moisture Haul and water necessary to bring
mixture to optimum moisture content will not be measured and paid for separately but shall be included in the
contract unit price for Aggregate Base Course
Failure to protect open excavations or any other use not directly related to the Work shall not be measured or
paid for separately but shall be included in the Work
Borrow that is placed as a result of excavation of unsuitable subgrade will be paid for at the unit price for
Borrow under Revision of Section 203 Excavation and Embankment
Load slips shall be consecutively numbered for each day and submitted to the Engineer daily
The accepted quantities for Aggregate Base Course will be paid for at the contract unit price per ton
BASIS OF PAYMENT
Subsection 304 08 is revised to include the following
Payment will be made under
Pay Item
304 01 Aggregate Base Course
Unit
Ton
The above prices and payments shall include full compensation for furnishing all labor materials tools
equipment and incidentals and for doing all work involved in the placement of Aggregate Base Course
complete in place including haul and water as shown on the plans as specified in these specifications and as
directed by the Engineer
Project Specifications— Page 13 of 17
REVISION OF SECTION 604
INLETS AND CULVERTS
Section 604 of the Standard Specifications is hereby revised as follows
DESCRIPTION
Subsection 604 01 is revised to include the following
This work shall consist of the installation Modified Type 13 Combination Inlets in accordance with these
specifications and in reasonably close conformity with the lines and grades shown on the plans or established
by the Engineer
CONSTRUCTION REQUIREMENTS
Subsection 604 04 is revised to include the following
Expansion Joint material shall be installed every 500 in long runs and between new structure slabs and existing
concrete slabs where called for and around fire hydrants poles inlets sidewalk culverts mid block ramps
radius points at intersections and other fixed objects i e ends of sidewalk slabs and curbs Expansion Joint
material must be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement
Joints The joint shall be edged with a suitable edging tool and sealed in accordance with CDOT Section
412 18 Expansion and caulking shall be paid as Expansion and Caulking by the lineal foot
METHOD OF MEASUREMENT
Subsection 604 06 is revised to include the following
Modified Type 13 Curb Inlet shall be paid per inlet installed and shall include all reinforcement frame
vaned grate and adjustable curb bonnet (Deeter 92502 L or approved equal) Excavation for inlets will be
provided by the City of Fort Collins
BASIS OF PAYMENT
Subsection 604 07 is revised to include the following
Payment will be made under
Pay Item
604 04 Modified Type 13 Curb Inlet
Unit
Each
The above prices and payments shall include full compensation for furnishing all labor materials tools equipment and
incidentals and for doing all work involved in Inlets including all reinforcement frames and grates complete in place as
specified in these specifications as shown on the plans and as directed by the Engineer
Project Specifications— Page 14 of 17
REVISION OF SECTIONS 608 AND 609
SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS,
CROSSPANS, AND CONCRETE PAVEMENT
Sections 608 and 609 of the Standard Specifications are to be deleted and replaced with the Latimer County Urban Area
Street Standards October 2002 except as noted herein
DESCRIPTION
This work consists of the construction of concrete pavement sidewalks curb and gutter alley approaches
aprons crosspans and curb ramps in accordance with these specifications and in conformity with the Imes and
grades shown on the plans or established
MATERIALS
The mix designs for all types of concrete to be utilized shall be determined by the Contractor and submitted to
the Engineer and approved a minimum of one week prior to the beginning of construction
Cement used shall conform to the Standard Specification for Portland Cement ASTM C 150 85 AASHTO
M85 Type I Type I/II or Type I❑
The air content shall be four (4) to seven (7) percent
High Early concrete shall be used for concrete repair locations High Early concrete shall have a specified
compressive strength of 4000 psi and a minimum 48 hour compressive strength of 3000 psi The concrete
shall have a maximum water/cement ratio of 0 45 The type of concrete used for a particular location shall
be approved by the Engineer See also Section 2 05 Rigid Pavement Design and Section 4 2 4 Concrete
Streets of the City of Fort Collins Design Cntena and Standards for Streets
Water Reducing Agents shall conform to ASTM C 494 82
Accelerating Agents shall conform to ASTM C 494 82 Calcium Chloride shall not be utilized as an
accelerating agent
The Contractor shall furnish a load slip containing the information required by AASHTO M 157 Section 13
Subsection 13 1 and 13 2 with each batch of concrete In addition the type of concrete (mix code) shall be
shown on each load slip Concrete delivered without a load slip containing complete information as specified
will be subject to rejection
Curing matenals shall be white pigmented liquid linseed oil based or paraffin based curing compound and shall
conform to ASTM Specification C 309 81 Type II Class B The application rate for curing compound shall be
150 sq ft /gal for all concrete The curing compound shall be applied immediately upon completion of the
finishing
CONSTRUCTION REQUIREMENTS
The Remove Concrete item shall include removal and disposal of existing concrete as directed by the
Engineer
Monolithic hybrids of curb gutter sidewalk and lughback vertical curb and gutter will be replaced using the
same configuration as it was originally installed unless a flaw in its engineering should become apparent In
these cases the design may be modified by the Engineer
The finished exposed surface and edging of the concrete will match as closely as possible the surface treatment
of the surrounding existing concrete
Project Specifications— Page 15 of 17
REVISION OF SECTIONS 608 AND 609
SIDEWALKS, CURB & GUTTER, DRIVE APPROACHES APRONS,
CROSSPANS AND CONCRETE PAVEMENT
In locations where concrete pavement is replaced the new pavement shall have a minimum thickness of 8
Existing pavement shall be saw cut to obtain a straight and neat edge for paving and shall be deep enough to cut
through the entire pavement thickness Ail joints except expansion joints, shall be sealed with an asphalt
filler compound or approved equal, in accordance with the detail for `Concrete Pavement Joints"
contained herein The cost for joint sealing shall be included in the contract unit price for "Concrete
Pavement'
The top of the new pavement shall be even with the existing concrete pavement The concrete shall be
consolidated with a mechanical vibrator
All construction joints shall be doweled except for expansion joints and joints along existing curb and
gutter in accordance with the detail for "Concrete Pavement Joints" contained herein In addition
dowels shall be 16" smooth #5 bars The dowels shall be placed in drilled holes,12" OC Dowels shall f t
snugly into 8' deep drilled holes, or shall be epoxy grouted
Steel for all joint types shall be included in the contract unit price for "Concrete Pavement "
In locations where concrete pavement is being replaced the construction jomt(s) shall be constructed in
accordance with the detail for Concrete Pavement Joints contained herein This item will not be measured or
paid for separately under the terns of this contract
All constructionjomts for crosspans and/or aprons adjacent to new or existing concrete shall be constructed in
accordance with the detail for Concrete Pavement Joints contained herein This item will not be measured or
paid for separately under the terms of this contract
Restoration of landscape shall be in accordance with Revision of Section 107 Protection and Restoration of
Property and Landscape found herein The time frame for restoration shall be within two (2) working days
from the time the concrete was placed for backfill with topsoil and by no later than the end of the first working
day of the following week for sod replacement
The Contractor shall be responsible for the protection of the subgrade/base course until the concrete is placed
The Contractor shall protect the concrete against moisture loss rapid temperature change rain flowing water
mechanical injury pedestrian and vehicular traffic and Contractors equipment for a mjmmum of 36 hours after
the placement of curing compound for 48 hour high early concrete Concrete blankets shall be used when the
temperature is expected to fall to 32 F or below within 36 hours after placement of curing compound for 48
hour high early concrete Asphalt patching against fresh concrete shall not be permitted during the time frames
for protection of concrete stated above
The debris immediately adjacent to a concrete repair location shall be completely cleaned up on the work day
following the placement of the concrete If required the concrete shall be protected as stated above Any
damage caused during the cleanup process shall be the Contractors responsibility
The Contractor shall utilize forms approved by the Engineer for the tabulation of concrete quantities
A Concrete Washout Structure is required as described in Section 208 of the Standard Specifications
Project Specifications — Page 16 of 17
REVISION OF SECTIONS 608 AND 609
SIDEWALKS CURB & GUTTER, DRIVE APPROACHES APRONS
CROSSPANS, AND CONCRETE PAVEMENT
METHOD OF MEASUREMENT
Sawcutting shall be paid for only in connection with concrete removal For ail other types of work,
sawcutting shall be considered a subsidiary obligation of the Contractor, and shall not be measured or
paid for separately
Pedestrian Access Ramp shall be measured by the square foot The length shall be measured from the back of
the curb to the top of the transition at the back of the ramp and the width shall be measured at the midpoint
All pedestrian access ramps shall be placed in accordance with the details contained herein The ramp items
shall include all labor materials (except truncated domes) equipment and incidentals including removal saw
cutting haul and disposal and for doing all the work involved in removal and replacement of pedestrian access
ramps
Truncated dome panels shall be placed on all pedestrian access ramps Truncated Dome Panel will be paid in
addition to the ramp item This item shall include all labor matenals and surface preparation to supply and
place the panels at pedestrian access ramps Truncated dome panels shall be red pre fabricated concrete or cast
iron and shall meet all ADA requirements The type of truncated dome panels to be used shall be submitted to
the Engineer for approval prior to installation Dome panels shall be placed at the same time as the initial ramp
placement All panels shall be epoxied on the non exposed surfaces prior to being set in wet concrete
Expansionjomt material shall be installed every 500 in long runs and between new structure slabs and existing
concrete slabs where called for and around fire hydrants poles inlets sidewalk under drains mid block ramps
radius points at intersections and other fixed objects 1 e ends of sidewalk slabs and curbs Expansion joint
material must be set vertical and installed in accordance with the CDOT M&S Standards for Concrete Pavement
Joints The joint shall be edged with a suitable edging tool and sealed in accordance with CDOT Section
412 18 This item will be paid as Expansion and Caulking by the lineal foot
BASIS OF PAYMENT
Payment will be made under
Pay Item Unit
60801
Remove Concrete
SF
60802
Remove Concrete Curb & Gutter
LF
60803
Vertical Curb and Gutter
LF
60804
Highback Curb and Gutter
LF
60805
Concrete Pavement 8
SF
60806
Pedestrian Access Ramp
SF
60807
Truncated Dome Panel
SF
60808
Flatwork 6
SF
60809
Alley Approach 8
SF
608 10
Expansion & Caulking
LF
The above prices and payments shall include full compensation for furnishing all labor matenals tools equipment and
incidentals and for doing all the work involved in Sidewalks Curb & Gutter Drive Approaches Aprons Crosspans and
Concrete Pavement complete in place including removal haul and disposal as shown on the plans as specified in these
specifications and as directed by the Engineer
Project Specifications— Page 17 of 17
SECTION 00300
BID FORM
SECTION 03000
DETAILS
INDEX
Curb and Gutter
701
Curb Gutter and Sidewalk
D 6
Standard Driveway Approach (I & 11)
706
Standard Driveway Approach (III & IV)
707
Modified Type 13 Inlet
Alley Intersections
803
Standard Manhole Cover
1201
Standard Sidewalk
1601
Sidewalk Detail
1602
Access Ramp Details
1603
Detached Walk/Intersection Detail
1604
Detached Walk/Intersection Detail
1605
Pedestrian Ramp Detail
1606
Residential Local Street Access Ramps
1606(a)
Truncated Dome Warning for Access Ramps
1607
Concrete Pavement Joints
M 412 1
r-
2 6
6
1 1 /2 R 4 1 /2
N 2R
a �
Gutter edge may be a
tapered or battered -� a
(Typical for all
& Gutter Types) a m
VERTICAL
30
18 12
45 21 75 375
R05 363 2
013 G
a
9 a a e 7
a
a
a
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ROLL-OVER
(LOVELAND)
CURB AND GUTTER
LARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 03/O1/02 701
m LIMITS OF C & G
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6 IN
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4 1/2 IN SLOPE SIDEWALK TO CURB -
1 1/2 IN
1/4 IN TO 1/2 IN PER FT
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COMBINATION CURB GUTTER AND SIDEWALK
HOLLYWOOD
(OBSOLETE — FOR REPLACEMENT ONLY)
CURB, GUTTER AND SIDEWALK DETAILS
CITY OF FORT COLLINS
STORMWATER
APPROVED
DETAIL
DATE 11/13/00
UTILITIES
CONSTRUCTION DETAILS
D _ 6
DRAWN BY NBJ
QlF M FM CAYu
W FUptd iL1n� Y = Parkway Width m Tygpe I Approach
W = Driveway Width (See Drawing 707)
t = Concrete Thickness - minimum 6
oh Type I = With Detached Sidewalk
ioe atat ched C P� Type II = With Attached Sidewalk
Y
� Refer to Chapter 25 for minimum removal dimensions
PERSPECTIVE
W = Width
Ramp if necessary ,Q
Right of Way line '
B
Detached 112
Sidewalk max I W W W W
W ti W I E I W �V W W
N
N i� Attached
' W E Sidewalk
6 1 12 max N 1 12 max
Back of curb
FL
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w
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SECTION B-B N
NOTE a N T S t
WALK Y y
1 Concrete driveway must be a Ej' 4
provided to the property linem 1/48PER FT
z y )
t
Expansion joint if drive WALK 2
continues as concrete SECTION A -A
NITS
STANDARD DRIVEWAY APPROACH (TYPES I & II)
LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/O1/07 7O6
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STANDARD DRIVEWAY APPROACH (HIGH VOLUME DRIVE TYPES III & IV)
LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 707
N)
Alley
Border
ROW
(TYP )
Drive Over or
Vertical Curb
& GutterFE-
10X10 � 10X10
SIGHT Construction Joint SIGHT Curb
AREA AREA 0 Curb
(-ZLWalk 11 11 2 1 0 8 minimum thick 1 1212
concrete `� Walk
ko
0 Curb Truncated Dome
Parkway �I2 6 Curb Warning Detection Parkway
'1 Vertical
6 Curb � 6 Curb
Truncated Dome STREET
Warning Detection ALLEY W/ SIDE DRAINAGE
Drainage May Cross the Walk Up to a Maximum
of 0 5 cfs for the Design 2 Year Storm
Alley
Ft
Concrete \ Il
Alley 1 Drainage Inlet or Other
Drainage Collection
ROJAREA
S\AREA
sthll be designed
(TYrm minimum
10X10
'OX
GHT
/ /, } \
f
Walk :10
OuLCurb
8 minimum thick 4_24
concrete 1 Walk
Parkway �I� 0 Curb Parkway
See Tables B 1 &
Warning Detection 8 2 For Radii
STREET Requirements
ALLEY W/ CENTER DRAINAGE
Drainage May Not Cross the Walk Unless The Water is Sheet
Flow and does not interfere with pedestrian use of walk
ALLEY INTERSECTIONS
LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/O1/07 $O3
Slope up to match
finished pavement
Depress ring 1 /4 to 5/8 below
adjacent finished street grade
Cover
Final asphalt lift
overlay or grade
adjustment
Existing base course
Support with Steel Shims
and pack with High Strength
Grout
NOTE
1 Grout shall be a mixture of 100 Ibs Grout mix 26 Ibs
water (3 12 Gal) and 100 Ibs of sand conforming to ASTM 0-35
2 Manholes shall not be located in crosspans gutters or wheel path
3 Shim and grout to make ring and cover flush with the finished
pavement surface
Straight cut
around ring
Concrete grade ring
to match slope or
finished grade
Shim / Grout
Grade ring
Manhole
STANDARD MANHOLE COVER
LARIMER COUNTY URBAN AREA CONSTRUCTION REVISION NO DRAWINGS DRAWING
STREET STANDARDS DATE 08/07/00 1201
Dnveway
A-
Detached Sdewalk Sdewalk
A
` Attached Sdewalk
TC
3 0 6 0
Mn FL
LIP
8 Commercial
6 Residential
12 Expansion
Joint Material 12 Expansion
Jcint Material
DETACHED ATTACHED
6 SIDEWALK DRIVEWAY SIDEWALK
SECTION A -A
All Sidewalk Thickness Shall Be 6 minimum
NOTE
t Sidewalk grade shall remain Consistent across driveway
2 For driveway design requirements see CONST DWO 706 111707
3 This detail applies to Residential & Commercial driveways
STANDARD SIDEWALK
1ARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS I DATE 04/01/07 Is 01
a
a
I
a
NOTE Construct 5dewalk with joints at 10 intervals
and aligned with scoring on curb
a
ATTACHED SIDEWALK DETAIL
r Landscaping
Slope Minumun
_— Slope sidewalk M curb
DETACHED SIDEWALK DETAIL
a
R 1/8 1/4 SLAB THICKNESS
a
a
1 /41
0
e
a
a
b
WEAKENED PLANE JOINT
M.
n
2 min
1/2 Expansion
Joint
a
1 4a
J ymatenal
1/4aR14 a
a
a
INSTALL IN LOCATIONS SPECIFIED
IN CHAPTER 22
EXPANSION JOINT
S
SIDEWALK DETAIL
LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/O1/07 1602
SECTION 00300
BID FORM
PROJECT 6086 Olive Street Concrete Improvements
Place
Date
1 In compliance with your Invitation to Bid dated 20 and
subject to all conditions thereof, the undersigned
a (Corporation, Limited Liability Company, Partnership, Joint Venture, or
Sole Proprietor) authorized to do business in the State of Colorado
hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed
on the following Bid Schedule or Bid Schedules
2 The undersigned Bidder does hereby declare and stipulate that this
proposal is made in good faith, without collusion or connection with any
other person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the
Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be
done, all of which have been examined by the undersigned
3 Accompanying this Bid is a certified or cashier's check or standard Bid
bond in the sum of
($ ) in accordance with the Invitation To Bid and Instructions
to Bidders
4 The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this
Bid The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows
5 All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by
the CONTRACTOR under one of the items listed in the Bid Schedule,
irrespective of whether it is named in said list
6 Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents
7 The undersigned Bidder hereby acknowledges receipt of Addenda No
through
Rev10/20/07 Section 00300 Page 1
L
N
2 (Radius vanes)
w
E
\
Curb to retain Transition
ground behind the of walk
o
m c Truncated Dome
\back
walk if needed (typ)
Warning Detection
F0
Wood float P
finish thru r,
`O
ramp
5\c�1
�m
P
Walk Broom finish
\c\
Curb s
Lo Sa aa0yti
Gutter
Curb (optional)
CORNER LOCATION
Only if needed
Wood float finish thru ramp A
Transition back of walk (typ )
Walk Broom finish hope Slope
Broom finish
(max) (max)
Curb
Gutter
6 5 1 6
Truncated Dome
z (min) (min)
Warning Detection
5 MID -BLOCK LOCATION
`3
at the corners of the
truncated dome warning
0 2 0
6
0 truncated dome warning
detection
C
1 25** slope (Max)
o
E o
LL
a
SECTION A -A
tp
NOTES
1 6 Thickness applies to entire ramp area
2 1 25 Unless a landing behind ramp (then ramp can be 1 12
with 1 20 on the truncated dome warning)
3 See CONST DWG 1606(a) and 1607 for Fort Collins
4 See CONST DWG 1614 1615 and 1616 for Loveland
ACCESS RAMP DETAILS
LARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 1603
ARTERIAL
0
co
c
ROW Line
9\
ARTERIAL / COLLECTOR
J
Q
CC R=6
W p
Q �
0 6
9,
P' a
J
Q ROW Line
E
10 6 Lu 10 5
(min) Q
16 15
ARTERIAL / ARTERIAL ARTERIAL / COLLECTOR
For Corner Radius > 35'
DETACHED WALK / INTERSECTION DETAIL
LARIMER COUNTY CONSTRUCTION REVISION NO DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 08/07/00 1604
Note
Use of this detail requires special approval in
Fort Collins by the Local Entity Engineer
DETACHED WALK / INTERSECTION DETAIL
LARIMER COUNTY CONSTRUCTION REVISION NO 2 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 1605
15 TRANSTION�
05 TYP
15 7RMS71ON
i
L
/
W y
o 0"0 a
oa000a a
to 8,-4.
00 00
o CURB
0 0 0
Flared
LL
Truncated Dome
W
W
Warnnq Defect on
W Ff�ARE QPTION,
A
—
V
�o oo<
0 o c
>o o°
Truncated Dame
4 MIN j0 O<
Warnnq Detacti0n
1 11 Mox
10 00<
'O 00c
6 CURB
o10
0 CURB
,f
;o a<
—
0 0l
—
CURB ovnaN
a
Y
CURB
l=8 or as spec led 1 (m elope
(max) FL
1 i�Q?E
MAX
FLOWLINE
STANDARD CRAY CONCRETE
eel
LIP OF CUTTER
RAMP PATH PARTIALLY COLORED CONCRETE
PLAN VIEW
SECTION A —A
NTS
NTS
NOTES
1 NO JOINTS ARE ALLOWED IN THE FLOWLINE SIX INCH WIDE CURB OR DUMMY JOINT MAY BE TOOLED NO
CLOSER THAN 6 INCHES FROM FLOW LINE AS SHOWN
2 MINIMUM CONCRETE THICKNESS IS 6 INCHES
3 JOINT PATTERN TO BE ACCORDING TO INTERSECTION GUTTER DETAIL OR AS DETERMINED BY THE LOCAL
ENTITY
4 WOOD FLOAT FINISH IS REQUIRED OVER THE SLOPED SURFACE OF RAMP AND FLARES
5 A 6 INCH WIDE CURB MAY BE POURED AT THE BACK OF THE RAMP AS SHOWN IF REQUIRED IF CURB IS
USED IT SHALL MATCH THE CURB AND GUTTER STYLE OF ADJACENT CURB AND GUTTER
6 MINIMUM RAMP WIDTH SHALL BE FOUR FEET OR THE SAME AS THE WIDEST ADJACENT SIDEWALK
WHICHEVER IS GREATER UP TO A MAXIMUM WIDTH OF 8 FEET
7 THE RAMP LANDING MAYBE POURED MONOLITHIC WITH THE ADJACENT TRANSITIONS PROVIDED THAT AN
APPROVED SHAKE ON PIGMENT BE USED TO COLOR THE LANDING AREA
8 T= THICKNESS (AS SPECIFIED ON PLANS OR LOCAL ENTITY ENGINEER)
PEDESTRIAN RAMP DETAIL (For New Const & Alterations)
LARIMER COUNTY CONSTRUCTION REVISION NO 1 DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 1606
FORT COLLINS ONLY
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RESIDENTIAL LOCAL STREET ACCESS RAMPS
LARIMER COUNTY CONSTRUCTION REVISION NO DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 160B(a)
FORT COLLINS
ONLY
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TRUNCATED DOME WARNING FOR ACCESS RAMPS
LARIMER COUNTY CONSTRUCTION REVISION NO DRAWING
URBAN AREA DRAWINGS
STREET STANDARDS DATE 04/01/07 1607
No Text
No Text
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BID SCHEDULE (Base Bid)
Item No
Description
Unit
Contract
Contract
ty
Contract Cost
Unit Price
Total
20201
Sawcut Concrete Pavement - Per
Inch Depth
LF/ INCH
800
$
$
20301
General Excavation
CY
25
$
$
20302
Borrow
TON
100
$
$
20801
Concrete Washout Structure
EA
1
$
$
21001
Adjust Valve Box
EA
2
$
$
21002
Adjust Manhole
EA
2
$
$
30401
Aggregate Base Course
TON
225
$
$
60404
Modified Type 13 Curb Inlet
EA
8
$
$
60801
Remove Concrete
SF
250
$
$
60802
Remove Concrete Curb and Gutter
LF
300
$
$
60803
Vertical Curb & Gutter
LF
50
$
$
60804
Highback Curb & Gutter
LF
400
$
$
60805
Pedestrian Access Ramp
SF
150
$
$
60806
Truncated Dome Panel
SF
16
$
$
60807
Flatwork 6
SF
250
$
$
60808
Concrete Pavement 8
SF
19250
$
$
60809
Alley Approach 8
SF
1000
$
$
60810
Expansion & Caulking
LF
200
$
$
62601
Mobilization
Lump Sum
1
$
$
TOTAL COST $
Dollars
and Cents
In Words
Rev 10/20/07 Section 00300 Page 2
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AO
i
9 PRICES
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc , to cover
the complete Work in place of the several kinds called for
Bidder acknowledges that the OWNER has the right to delete items in the
Bid or change quantities at his sole discretion without affecting the
Agreement or prices of any item so long as the deletion or change does
not exceed twenty-five percent (25%) of the total Agreement Price
RESPECTFULLY SUBMITTED
CONTRACTOR
BY
Signature
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest
Check One
Address
Telephone
Email
Individual Doing Business in
Company Name
Corporation
Partnership
Date
Rev 10/20/07 Section 00300 Page 3
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
Rev 10/20/07 Section 00410 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 2
00900 Addenda Modifications and Payment
00900-1
00950 Contract Change Order
00950-1 - 00950-2
00960 Application for Payment
00960-1 - 00960-4
SPECIFICATIONS
DRAWINGS
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned
as Principal, and as Surety, are hereby held and firmly bound unto the City of
Fort Collins, Colorado, as OWNER, in the sum of $ for the
payment of which, well and truly to be made, we hereby jointly and severally
bind ourselves, successors, and assigns
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and
hereby made a part hereof to enter into a Construction Agreement for the
construction of Fort Collins Project, 6086 Olive Street Concrete Improvements
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said
Bid, then this obligation shall be void otherwise the same shall remain
in force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
Bid and said Surety does hereby waive notice of any such extension
Surety Companies executing bonds must be authorized to transact business in
the State of Colorado and be accepted by the OWNER
Rev 10/20/07 Section 00410 Page 2
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20_, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set
forth above
PRINCIPAL
Name
Address
By
Title
ATTEST
By
(SEAL)
M
Title
SURETY
(SEAL)
Rev 10/20/07 Section 00410 Page 3
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive This statement must be notarized If necessary, questions may
be answered on separate attached sheets The Bidder may submit any additional
information he desires
1 Name of Bidder
2 Permanent main office address
3 When organized
4 If a corporation, where incorporated
5 How many years have you been engaged in the contracting business
under your present firm or trade nameP
6 Contracts on hand (Schedule these, showing the amount of each
contract and the appropriate anticipated dates of completion )
7 General character of Work performed by your company
8 Have you ever failed to complete any Work awarded to you?
If so, where and why?
9 Have your ever defaulted on a contract
If so, where and why?
10 Are you debarred by any government agency?
If yes list agency name
Rev 10/20/07 Section 00420 Page 1
11 List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and type of construction
12
List your major equipment
available for
this contract
13
Experience in construction
project
Work similar
in importance to this
14
Background and experience
including officers
of the principal members of your organization,
15
16
17
Credit available $
Bank reference
Will you, upon request, fill out a
furnish any other information that
detailed financial statement and
may be required by the OWNER
19
Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state?
class, license and numbers'
Do you anticipate subcontracting
Contract')
If yes, what percent of total contracto>
and to whom?
What
Work under this
20 Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
Rev 10/20/07 Section 00420 Page 2
21 What are the limits of your public liability> DETAIL
What company?
22 What are your company's bonding limitations?
23 The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications
Dated at this day of , 20
Name of Bidder
By
Title
State of
County of
being duly sworn deposes and says that he
is of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained
are true and correct
Subscribed and sworn to before me this day of , 20
Notary Public
My commission expires
Rev 10/20/07 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 10% of the contract
ITEM
SUBCONTRACTOR
Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date
TO
PROJECT 6086 Olive Street Concrete Improvements
OWNER CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
pro]ect has been considered You are the apparent successful Bidder and have
been awarded an Agreement for 6086 Olive Street Concrete Improvements This
work shall consist of the removal and/or installation of concrete pavement,
curbs, gutters, sidewalks, alley approaches, inlets, and pedestrian access
ramps on West Olive Street between College Avenue and Mason Street in the City
of Fort Collins Specific locations are described in Section 3500, Pro3ect
Map
The Price of your Agreement is
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award Three (3) sets of the Drawings will be
delivered separately or otherwise made available to you immediately
You must comply with the following conditions precedent within fifteen (15)
days of the date of this Notice of Award, that is by , 20
1 You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents Each of the Contract
Documents must bear your signature on the cover of the page
2 You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5 1) and Supplementary Conditions
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached
M
City of Fort Collins
OWNER
James B O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20
and shall be effective on the date this AGREEMENT is signed by the City
The City of Fort Collins
(hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows
ARTICLE 1 WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as the construction of the 6086 Olive
Street Concrete Improvements This work shall consist of the removal and/or
installation of concrete pavement, curbs, gutters, sidewalks, alley
approaches, inlets, and pedestrian access ramps on West Olive Street between
College Avenue and Mason Street in the City of Fort Collins Specific
locations are described in Section 3500, Project Map Bid 6086 Olive Street
Concrete Improvements is generally described in Section 01010
ARTICLE 2 ENGINEER
The Project has been designed by City of Fort Collins Engineering Division,
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 Twenty Five (25)
working days after the date when the Contract Times commence to run as
provided in the General Conditions and completed and ready for Final Payment
and Acceptance in accordance with the General Conditions within Fifty Five
(55) working days after the date when the Contract Times commence to run
3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3 1 above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions
They also recognize the delays, expenses and difficulties involved in proving
in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time Accordingly, instead of requiring any such proof, OWNER
Section 00520 Page 1
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter
1) Substantial Completion
One Thousand Dollars ($1,000)
thereof that expires after the
for Substantial Completion
Substantially Complete
for each calendar day or fraction
Twenty Five (25) working day period
of the Work until the Work is
2) Final Acceptance
After Substantial Completion, Five Hundred Dollars ($500) for each
working day or fraction thereof that expires after the Thirty (30)
calendar day period for Final Payment and Acceptance until the Work
is ready for Final Payment and Acceptance
ARTICLE 4 CONTRACT PRICE
4 1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows ($ ),
$ Dollars, in accordance with Section 00300, attached and incorporated
herein by this reference
ARTICLE 5 PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions Applications for Payment will be
processed by ENGINEER as provided in the General Conditions
5 1 PROGRESS PAYMENTS OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2 6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work
5 1 1 Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14 7 of the
General Conditions 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
Section 00520 Page 2
SECTION 00020
INVITATION TO BID
Rev 10/20/07 Section 00020 Page 2
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 95,6 of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14 7 of the General Conditions or as provided by
law
5 2 FINAL PAYMENT Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14 13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14 13
ARTICLE 6 CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations
6 1 CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work
6 2 CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4 2 of the
General Conditions
6 3 CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6 2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4 2 of the General Conditions, and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes
6 4 CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
Section 00520 Page 3
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4 3 of the General Conditions
6 5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents
6 6 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written 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 1Certificate of Substantial Completion
7 2 2 Certificate of Final Acceptance
7 2 3Lien Waiver Releases
7 2 4Consent of Surety
7 2 5Application for Exemption Certificate
7 2 6Application for Payment
7 3 Drawings, consisting of a cover sheet and sheets numbered as
follows
Curb and Gutter
Curb Gutter, and Sidewalk
Standard Driveway Approach (I & II)
Standard Driveway Approach (III & IV)
Modified Type 13 Inlet
Alley Intersections
Standard Manhole Cover
Standard Sidewalk
Sidewalk Detail
Access Ramp Details
Detached Walk/Intersection Detail
Detached Walk/Intersection Detail
Pedestrian Ramp Detail
Residential Local Street Access Ramps
Truncated Dome Warning for Access Ramps
Concrete Pavement Joints
701
D-6
706
707
803
1201
1601
1602
1603
1604
1605
1606
1606(a)
1607
M-412-1 (Sheets 1-5)
Section 00520 Page 4
The Contract Drawings shall be stamped Final for Construction' and dated
Any revisions made shall be clearly identified and dated
7 4 Addenda Numbers to , inclusive
7 5 The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3 5 and 3 6 of the General Conditions
7 6 There are no Contract Documents other than those listed or
incorporated by reference in this Article 7 The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3 5 and 3 6 of
the 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 00520 Page 5
OWNER CITY OF FORT COLLINS CONTRACTOR
By
JAMES B O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date
Attest
City Clerk
Address for giving notices
P O Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
By
Title
Date
(CORPORATE SEAL)
Attest
Address for giving notices
LICENSE NO
Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work 6086 Olive Street Concrete Improvements
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
day of , 20
CONTRACTOR
By
Title
Proceed is hereby acknowledged this
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
SECTION 00610
PERFORMANCE BOND
Bond No
KNOW ALL MEN BY THESE PRESENTS that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal and
(Firm)
(Address)
hereinafter referred to as the Surety", are held and firmly bound unto
City of Fort Collins, 300 Laporte Ave Fort Collins Colorado 80522 a
(Municipal Corporation) hereinafter referred to as the OWNER", in the penal
sum of in lawful money of
the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, iointly and severally, firmly by these
presents
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the _ day of 20 ,
a copy of which is hereto attached and made a part hereof for the performance
of The City of Fort Collins proDect, 6086 Olive Street Concrete Improvements
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said Agreement during the original term thereof, and any extensions thereof
which may be granted by the OWNER, with or without Notice to the Surety and
during the life of the guaranty period, and if the Principal shall satisfy all
claims and demands incurred under such Agreement, and shall fully indemnify
and save harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default then this
obligation shall be void otherwise to remain in full force and effect
Rev 10/20/07 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this _ day of 20
IN PRESENCE OF
(Corporate Seal)
IN PRESENCE OF
IN PRESENCE OF
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By
By
Surety
By
By
(Address)
NOTE Date of Bond must not be prior to date of Agreement
If CONTRACTOR is Partnership, all partners should execute Bond
Rev 10/20/07 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No
KNOW ALL MEN BY THESE PRESENTS that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety , are held and firmly bound unto the
City of Fort Collins 300 Laporte Ave Fort Collins Colorado 80522 a
(Municipal Corporation) hereinafter referred to as "the OWNER", in the penal
sum of in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally, firmly by these
presents
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the _ day of 20_,
a copy of which is hereto attached and made a part hereof for the performance
of The City of Fort Collins project, 6086 Olive Street Concrete Improvements
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
Rev 10/20/07 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this _ day of 20
IN PRESENCE OF
(Corporate Seal)
IN PRESENCE OF
IN PRESENCE OF
Principal
By
(Title)
(Address)
Other Partners
Surety
0
0
(Address)
(Surety Seal)
NOTE Date of Bond must not be prior to date of Agreement
If CONTRACTOR is Partnership, all partners should execute Bond
Rev 10/20/07 Section 00615 Page 2
SECTION 00020
INVITATION TO BID
Date February 12, 2008
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 3 00 P M , our clock,
on March 5, 2008, for the Olive Street Concrete Improvements BID NO 6086
If delivered, they are to be delivered to 215 North Mason Street, 2nd 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 Bid 6086 Olive Street
Concrete Improvements
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 February 12, 2008
A prebad conference and job walk with representatives of prospective Bidders
will be held at 10 00 a m , on February 20, 2008, at 215 N Mason St
Conference Room 1B, Fort Collins
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting
Bids will be received as set forth in the Bidding Documents
The Work is expected to be commenced within the time as required by Section
2 3 of General Conditions Substantial Completion of the Work is required as
specified in the Agreement
The successful Bidder will be required to furnish a Performance Bond and a
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 re3ect any and all Bids, and to waive any
informalities and irregularities therein
Bid security in the amount of not less than 58 of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders
Rev10/20/07 Section 00020 Page 1
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance
Rev 10/20/07 Section 00630 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION PROJECT TITLE 6086 Olive Street Concrete
Improvements
PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colora
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
li7
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
Rev 10/20/07 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, 6086 Olive Street Concrete Improvements
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
Rev 10/20/07 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO City of Fort Collins, Colorado (OWNER)
FROM
PROJECT 6086 Olive Street Concrete Improvements
(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
project for all loss, damage and costs, including reasonable attorneys
Rev 10/20/07 Section 00650 Page 1
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
Rev 10/20/07 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER )
CONTRACTOR
PROJECT 6086 Olive Street Concrete Improvements
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)
ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact
Rev 10/20/07 Section 00660 Page 1
SECTION 00670
Section 00670 Page 1
0
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232 2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26 114(1)(a)(XIX)
00 NOT WRITE IN THIS SPACE
v�
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and
materials which 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 unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law
A separate certificate is required for each contract
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors (See reverse side)
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED
ReglstratloNAwountNo (to beassigned byDOR)
Period
89 -
0170-750 (999) $0 00
CQNTRACTM 114*01M 4 ON
Trade name/DBA
Owner partner or corporate name
Mailing address (City State Zip)
Contact Person
E Mail address
Federal Employer's Identification Number
Bid amount for your contract
Fax Number
(
Business telephone number
Colorado vnihholding tax account number
Name of exempt organization (as shown on contract)
Exempt organlzabon s number
98 -
Address of exempt orgamzabon (City State Zip)
Principal contact at exempt organization
Principal contacts telephone number
Physical location of project site (give actual address when applicable and Cities and/or County (les) where project is located)
Scheduled Month Day Year
construction start date
Estimatedar Month Day Ye
compiehon date
I declare under penalty of perjury /n the second degree that the statements made /n this application are
true and complete to the best of my knowledge
Signature of owner partner or corporate officer
Title of corporate officer
Date
DO NOT WRITE BELOW THIS LINE
Section 00670 Page 2
Special Notice
Contractors who have completed this application in the past please note the following changes in
procedure
The Department will no longer issue individual Certificates of exemption to subcontractors Only
prime contractors will receive a Contractors Exemption Certificate on exempt protects
Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor
involved in the protect and complete it by filling in the subcontractors name and address and signing
it
The original Certificate should always be retained by the prime contractor Copies of all Certificates
that the prime contractor issued to subcontractors should be kept at the prime contractors place of
business for a minimum of three years and be available for inspection in the event of an audit
Once an 89# has been assigned to you please use the next five numbers following it for any
applications submitted for future protects 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 succeeding 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 3
Section 00670 Page 4
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
0
James B O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director
Rev 10/20/07 Section 00020 Page 2
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by usmg the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee EJCDC No 1910 8 (1990 Edition) as a base Changes to
that document are shown by underlining text that has been added and
sinking through text that has been deleted
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
DEFINITIONS
11
Addenda
12
Agreement
13
Application for Payment
14
Asbestos
15
Bid
1 6
Bidding Documents
1 7
Bidding Requirements
18
Bonds
19
Change Order
1 10
Contract Documents
I i l
Contract Price
1 12
Contract Times
113
CONTRACTOR
114
defective
115
Drawings
1 16
Effective Date of the Agreement
117
ENGINEER
1 is
ENGINEERs Consultant
1 19
Field Order
1 20
General Requirements
121
Hazardous Waste
122 a
Laws and Regulations Laws or
Regulations
1 22 b
Legal Holidays
123
Liens
124
Nfilestone
125
Notice of Award
126
Notice to Proceed
127
OWNER
128
Partial Utilization
129
PCBs
130
Petroleum
131
Project
1 32 a
Radioactive Material
132 b
Regular Working Hours
133
Resident Project Representative
134
Samples
1 35
Shop Drawings
136
Specifications
137
Subcontractor
1 38
Substantial Completion
139
Supplementary Conditions
140
Supplier
141
Underground Facilities
1 42
Unit Price Work
143
Work
144
Work Change Directive
145
Written Amendment
Page Article or Paragraph
Number Number & Title
2
2
2
2
0
2
2
2
2
2
2
2
2
2
2
2
2
23
3
3
3
3
Page
Numher
PRELIMINARY MATTERS
3
2 1
Delivery of Bonds
3
22
Copies of Documents
J
23
Commencement of Contract
Times Notice to Proceed
3
24
Starting the Work
3
2 > 2 7
Before Starting Construction
CONTRACTOR s Responsibility
to Report Prelmlmary Schediles
Delivery of Certificates of
Insurance
34
28
Preconstruction Conference
4
29
Initially Acceptable Schedules
4
CONTRACT DOCUMENTS INTENT
AMENDING REUSE
4
3 1 32
Intent
4
33
Reference to Standards and Speci
fications of Technical Societies
Reporting and Resolving Dis
crepanetes
45
34
Intent of Certain Terms or
Adjectives
5
35
Amending Contract Documents
5
36
Supplementing Contract
Documents
5
37
Reuse of Doc mi ents
5
AVAILABILITY OF LANDS
SUBSURFACE
AND PHYSICAL CONDITIONS
REFERENCE POINTS
5
41
Availability of Lands
5 6
42
Subsurface and Physical
Conditions
6
42 1
Reports and Drawings
6
42 2
Limited Reliance by CONTRAC
TORAuthorized Technical
Data
6
423
Notice of Differing Subsurface
or Physical Conditions
6
424
ENGINEERs Review
6
42 5
Possible Contract Documents
Change
6
426
Possible Price and Times
Adjustments
67
43
Physical Conditions Underground
Facilities
7
43 I
Shown or Indicated
7
43 2
Not Shown or Indicated
7
44
Reference Points
7
E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION
w/ CRY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number &
Title
Number
45
Asbestos, PCBs Petroleum
625
Submittal Proceedures CON
Hazardous Waste or
TRACTOR s Review Prior
Radioactive Material
78
to Shop Drawing or Sample
Submittal
16
5 BONDS AND INSURANCE
8
626
Shop Drawing & Sample Submit
5 1 5 2
Performance Payment and Other
talc Review by ENGINEER
16 17
Bonds
8
627
Responsibility for Variations
53
Licensed Sureties and Insurers
From Contract Documents
17
Certificates of Insurance
8
628
Related Work Performed Prior
54
CONTRACTORS Liability
to ENGINEER s Review and
Insurance
9
Approval of Required
55
OWNER s Liability Insurance
9
Submittals
17
56
Property Insurance
9 10
629
Continuing the Work
17
57
Boiler and Machinery or Addi
630
CONTRACTORS General
tional Property Insurance
10
Warranty and Guarantee
17
5 8
Notice of Cancellation Provision
10
631 633
Indemnification
17 18
59
CONTRACTOR s Responsibility
634
Survival of Obligations
18
for Deductible 4mounts
10
5 10
Other Special Insurance
10
7 OTHER WORK
18
5 11
Waiver of Rights
11
7 1 7 3
Related Work at Site
18
5 12 5 13
Receipt and Application of
74
Coordination
18
Insurance Proceeds
1011
5 14
4cceptance of Bonds and Insm
8 OWNER S
RESPONSIBILITIES
18
ance Option to Replace
11
8 1
Communications to CON
5 15
Partial Utilization Property
TRACTOR
18
Insurance
11
82
Replacement of ENGINEER
18
83
Furnish Data andPav Promptly
S CONTRACTORS RESPONSIBILITIES
11
When Due
18
6 1 6 2
Supervision and Superintendence
11
84
Lands and Easements Reports
6 3 6 5
Labor Materials and Equipment
11 12
and Tests
18 19
66
Progress Schedule
12
85
Insurance
19
67
Substitutes and Or Equal Items
86
Change Orders
19
CONTRACTORS Expense
87
Inspections Tests and
Substitute Construction
Approvals
19
Methods or Procedures
88
Stop or Suspend Work
ENGINEERS Evaluation
12 13
Terminate CONTRACTORS
68 6 11
Concerning Subcontractors
Sen ices
19
Suppliers and Others
89
Limitations on OWNER S
Waiver of Rights
13 14
Responsibilities
19
612
Patent Fees and Royalties
14
810
Asbestos PCBs Petroleum
613
Permits
14
Hazardous Waste or
614
Laws and Regulations
14
Radioactive Material
19
6 1 S
Taxes
14 15
8 11
Evidence of Financal
616
Use of Premises
15
Arrangements
19
617
Site Cleanliness
15
618
Safe Structural Loading
15
9 ENGINEERS
STATUS DURING
619
Record Documents
15
CONSTRUCTION
10
620
Safety and Protection
15 16
91
OWNERS Representative
19
621
Safety Representative
16
92
Visits to Site
19
622
Hazard Communication Programs
16
93
Project Representative
19 21
623
Emergencies
16
94
Clarifications and Interpre
624
Shop Drawings and Samples
16
rations
21
95
Authorized Variations in V&k
21
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION
w/ an OF FORT COLLINS MODIFICATIONS fREV 9 99)
Article or Paragraph
Page
Article or Paragraph
page
Number &
Title
Number
Number & Title
Number
96
Rejecting Defective Work
21
13 8 13 9
Uncovering Work at ENGI
9 7 9 9
Shop Drawings Change Orders
NEER s Request
2728
and Payments
21
13 10
OWNER May Stop the Work
28
9 10
Determinatims for Unit Prices
21 22
13 11
Correction or Removal of
911 9 12
Decisions on Disputes ENGI
Defective Work
28
NEER as Initial Interpreter
22
13 12
Correction Period
28
913
Limitations on ENGINEERS
13 13
Acceptance ofDefective Work
28
Authority and Responsibilities
2223
13 14
OWNER May Correct Defective
CHANGES
IN THE WORK
23
Work
28 29
10 1
OWNER s Ordered Change
23
14 PAYMENTS TO CONTRACTOR AND
102
Claim for Adjustm ent
23
COMPLETION
29
103
Work Not Required by Contract
141
Schedule of Values
29
Documents
23
142
Application for Progress
104
Change Orders
23
Payment
29
105
Notification of Surety
23
143
CONTRACTORs Warranty of
CHANGE OF CONTRACT PRICE
23
144 14 7
Title
Review of Applications for
29
11 1 11 3
Contract Price Claim for
Progress Payments
29 30
Adjustment Value of
148 149
Substantial Completion
30
the Work
23 24
14 10
Partial Utilization
30 31
11 4
Cost of the Work
24 25
1411
Final Inspection
31
11 5
Exclusions to Cost of the Wort.
25
14 12
Final Application for Payment
31
11 6
CONTRACTORS Fee
25
1413 14 14
Final Payment and Acceptance
31
11 7
Cost Records
25 26
14 1 �
Waiver of Claims
31 32
11 8
Cash Allowances
26
11 9
Unit Price Work
26
11 SUSPENSION OF WORK AND
TERMINATION
32
CHANGE OF CONTRACT TIMES
26
151
OWNER May Suspend Work
32
12 1
Claim for Adjustment
26
152 15 4
OWNER May Terminate
32
122
Time of the Essence
26
15 5
CONTRACTOR May Stop
123
Delays Beyond CONTRACTORS
Work or Terminate
32 33
Control
2627
124
Delays Beyond OWNERS and
16 DISPUTE RESOLUTION
33
CONTRACTORS Control
27
17 MISCELLANEOUS
33
TESTS AND
INSPECTIONS CORRECTION
171
Giving Notice
33
REMOVAL OR ACCEPTANCE OF
172
Computation of Times
33
DEFECTIVE
WORK
27
173
Notice of Claim
33
13 1
Notice of Defects
27
174
Cumulative Remedies
33
132
Access to the Work
27
175
Professional Fees and Cowl
133
Tests and Inspections
Costs Included
33
CONTRACTORs Cooperation
27
176
Applicable State Laws
33 34
134
OWNERS Responsibilities
Intentionally
left blank
35
Independent Testing Laboratory
27
13 5
CONTRACTORs
EXHIBIT GC A
(Optional)
Responsibilities
27
Dispute Resolution
Agreement GC
Al
136 13 7
Covering Work Prior to Inspec
16 1 16 6
Arbitration GC
Al
tion Testing or Approval
27
167
Mediation GC
Al
E1CDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of
Bonds and Insurance
defecbre Work 1041
final payment
insurance
other Work, by CONTRACTOR
Substitutes and Or Equal Items
Work by OWNER
Access to the
Lands OWNER and CONTRACTOF
responsibilities
site related Work
Work
Acts or Omissions Acts and Omission
CONTRACTOR
ENGINEER
OWNER
Addenda definition of (also see
definition of Specifications) (1 6
Additional Property Insurances
Adjustments
Contract Price or Contract
25
5 14
135 13 13
91Z 1415
5 14
73
671
630 634
41
72
132 13 14 149
s 691 9133
620 9133
620 89
1 10 6 19) 1 1
�7
Times 15 35 41 432 452
453 94 95 102104
11 12 148 151
progress schedule 66
Agreement
definition of 1 2
All Risk Insurance policy form 562
Allowances Cash 11 8
Amending Contract Documents 3 5
Amendment Written
in general 1 10 1 45 3 5 5 10 5 12 6 62
682 619 101 104 112
121 13 12 2 1472
Appeal OWNER or CONTRACTOR
intent to 9 10 9 11 10 4 16 2 16 5
4pplication for Payment
definition of 1 3
ENGINEER s Responsibility 99
final payment 9 13 4 9 13 5 14 12 14 15
in general 28 29 564 910 Is
progress payment 141 147
review of 144 147
Arbitration 161 166
Asbestos
clamis pursuant thereto 45 2 453
CONTRACTOR authorized to stop Work 4 52
definition of 1 4
Article or Paragraph
Humber
OWNER responsibility tot
4 5 1 8 10
possible price and times change
452
Authorized Variations in Work
36 625 627 95
Availability of Lands
41 84
Award Notice of defined
125
Before Starting Construction
25 2 8
Bid definition of 15 (1 1 1 10 2 3 3 3
4264
613 1143 1191)
Bidding Documents definition
of
16(682)
Bidding Requirements definition
of
1 7 (1 1 4 2 6 2)
Bonds
acceptance of
5 14
additional bonds
105 11459
Cost of the Work
1154
definition of
1 8
delivery of
21 5 1
final Application for Payment
1412 1414
general
110 5 1 5 3 5 13
913 101 1476
Performance Payment and Other
5 1 5 2
Bonds and Insurance in general
5
Builders risk all risk policy form
5 6 2
Cancellation Provisions Insurance
54 11 S 8 5 15
( ash Allowances
11 8
Certificate of Substantial Completion
138 63023
148 1410
Certificates of Inspection
013 4 13 5 14 12
Certificates of Insurance 27
53 54 11 54 13
565 58
514 u134 1412
Change in Contract Price
Cash Allowances
118
claim for price
adjustment 41 426 45 515 682 94
95 911 102
105 112 139
1313 1314
147 151 155
CONTRACTOR fee
116
Cost of the Wort.
general
114 117
Exclusions to
115
Cost Records
117
in general 1 19 1 44 9 11
10 4 2 1043 11
Lump Sum Pricng
11 3 2
Notification of Surety
105
Scope of
103 104
Testing and Inspection
Uncovering the Work
139
EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITIOM
w/ CITS OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work
119
Article or Paragraph
Number
Value of Work
Change in Contract Times
Claim for times adjustment 41 426 45
682 94 95 911 102 105
139 1313 1314 147 151
Contractual time Iunits
Delays beyond CONTRACTOR s
control
Delays beyond OWNER s and
CONTRACTORS control
Notification of surety
Scope of change
Change Orders
Acceptance ofDefective Work
Amending Contract Documents
Cash Allowances
Change of Contract Price
Change of Contract Times
Changes in the Work
CONTRACTORS fee
Cost of the Work
Cost Records
definition of
emergencies
ENGINEER s responsibility 98 104
execution of
CONTRACTOR s Fee
116
Article or Paragraph
Number
113
CONTRACTOR s liability 54 6 12
Cost of the Work
5 15
Decisions on Disputes
121
Dispute Resolution
155
Dispute Resolution Agreement
122
ENGINEER as initial interpretor
Lump Sum Pricing
123
Notice of
124
105
103104
13 13
35
11 8
11
12
10
116
114117
H 7
l9
623
11 2 121
104
Indemnifictton 612 616 631 633
Insurance Bonds and
5 10 5 13 105
OWNER may terminate
15 2 15 4
OWNERS Responsibility
86 104
Physical Conditions
Subsurface and
42
Underground Facilities
4 3 2
Record Docum ents
6 19
Scope of Change
103 104
Substitutes
6 7 3 6 8 2
Unit Price Work
119
value of Work covered by
113
Changes in the Work
10
Notification of surety
105
OWNERS and CONTRACTORS
responsibilities
104
Right to an adjustment
102
Scope of change
103 104
Claims
against CONTRACTOR
616
against ENGINEER
6 32
against OWNER
632
Change of Contract Price
94 11 2
Change of Ccrtract Times
94 121
CONTRACTORS 4 71 94
95 911 102
11 2 119 121 13 9 148
151 155 173
616 631
114 115
411 912
161
16 1 166
911
1132
173
OWNERS 94 95 911
102 112 119
121 139 1313
D14 173
OWNER s liability
55
OWNER may refuse to make payinent
147
Professional Fees and Court Costs
Included
175
request for formal decision on
911
Substitute Items
6 7 1 2
Time Extension
121
Time requirements
911 121
Unit Price Work
1193
Value of
113
Waiver of on Final Payment
1414 1415
Work Change Directive
10 2
written notice required
9 11 112 121
Clarifications and Interpretations
3 6 3 94 911
Clean Site
6 17
Codes of Technical Society Organization
or Association
3 3 3
Commencement of Contract Times
2 3
Communications
general
62 692 8 1
Hazard Communication Programs
622
Completion
Final Application for Payment
14 12
Final Inspection
1411
Final Payment and Acceptance
1413 1414
Partial Utilization
1410
Substantial Completion
138 148 149
Waiver of Claims
14 U
Computation of Times
172 1 1722
Concerning Subcontractors Suppliers
and Others
68 6 11
Conferences
morally acceptable schedules
29
preconstruction
2 8
(,onllict Error Ambiguity Discrepancy
CONTRACTOR to Report
25 3 32
Construction before starting by
CONTRACTOR
2527
Construction Machinery Equipment etc
64
Continuing the Work
629 104
Contract Documents
Amending
35
Bonds
) I
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991
Cash Allowances 11 8 Stop Work requirements 4 5 2
CONTRACTORs—
Article or Paragraph
Number
Change of Contract Price
I I
Change of Contract Times
12
Changes in the Work
104 10 5
check and verify
25
Clarifications and
Interpretations 3 2 3
6 9 4 9 11
definition of
1 10
ENGINEER as initial interpreter of
911
ENGINEER as OWNER s representative
91
genera13
Insurance
5 3
Intent
3 1 34
minor variations in the Work
36
OWNER responsibility to furnish data
83
OWNER s responsibility to make
prompt payment 83
144 14 13
precedence
3 1 333
Record Documents
6 19
Reference to Standards and Specifications
of Technical Societies
33
Related Work
72
Reporting and Resolving Discrepancies
25 33
Reuse of
3 7
Supplem enting
36
Termination of ENGINEERS Fmployrnent
82
Unit Price Work
11 9
variations
36 623 627
Visits to Site ENGINEERS
92
Contract Price
adjustor ent of 35 4 1
9 4 10 3 112 11 3
Change of
11
Decision on Disputes
911
definition of
l l l
Contract Times
adjustment of 35 4 1 94 103 12
Change of
121 124
Commencement of
23
definition of
1 12
CONTRACTOR
Acceptance of Insurance
5 14
Communications
62 692
( ontinue Work
629 104
coordination and scheduling
692
definition of
1 13
Limited Reliance on Technical
Data Authorized
422
Mav Stop Work or Terminate
15 5
provide site access to others
72 132
Safety and Protection
43 1 2 616 b 18
621 623 72 132
Shop Drawing and Sample Review
Prior to Submittal
625
v,
Article or Paragraph
Num ber
Compensation
111 It 2
Continuing Obligation
1415
Defective Work 96
13 10-1314
Duty to correct defective Work
13 11
Duty to Report
Changes in the Work caused by
Emergency
623
Defects in Work of Others
73
Differing conditions
423
Discrepancy in Documents 25 332 6 14 2
Underground Facilities not indicated
4 3 2
Emergencies
623
Equipment and Machinery Rental Cost
of the Work
11 4 53
Fee Cost Plus 114 5 6
115 1 11 6
General Warranty and Guarantee
630
Hazard Communication Programs
622
Indemnification 612 616 631 633
Inspection of the Work
73 134
Labor Materials and Equipment
63 65
Laws and Regulations, Compliance by
6 14 1
Liability Insurance
54
Notice of Intent to Appeal
910 10 4
obligation to perform and complete
the Work
630
Patent Fees and Royalties paid for by
612
Performance and Other Bonds
5 1
Perm its obtained and paid for by
6 13
Progress Schedule 26 2
8 1-9 66
629 104
1521
Request for formal decisionon disputes
911
Responsibilities
Changes in the Work
10 1
Concerning Subcontractors Suppliers
and Others
68611
Continuing the Work
629 104
CONTRACTOR s expense
6 7 1
CONTRACTORS General Warranty
and Guarantee
b 30
CONTRACTOR s review prior to Shop
Drawing or Sample submittal
625
Coordination of Work
692
Emergencies
623
ENGINEERS evaluation Substitutes
or Or Equal Items
o 7 3
For Acts and Omissions
of Others 6 9 1 6 9 2 9 19
for deductible amounts insurance
59
general 6 72
73 99
Hazardous Communication Programs
622
Indemnification
631 633
E]CDC UNERAL CONDITIONS 1910 8 0990 EDITION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Labor Materials and Equipment 6 3 6 5 CONTRACTORS other 7
Laws and Regulations 614 Contractual Liability Insurance 54 10
Liability Insurance 54 Contractual Time Limits 12
Article or Paragraph
Number
Notice of variation from Contract
Documents
627
Patent Fees and Royalties
612
Perm its
6 13
Progress Schedule
66
Record Documents
6 19
related Work performed prior to
ENGINEER s approval of required
submittals
628
safe structural loading
618
Safety and Protection 620 72 132
Safety Representative
621
Scheduling the Work
692
Shop Drawings and Samples
624
Shop Drawings and Samples Review
by ENGINEER
626
Site Cleanliness
6 17
Submittal Procedures
625
Substitute Construction Methods
and Procedures
672
Substitutes and Or Equal Items
67 1
Superintendence
62
Supervision
61
Survival of Obligations
634
Taxes
611
Tests and Inspections
135
To Report
25
Use of Remises 6 16 6 18 6 30 2 4
Review Prior to Shop Drawing or
Sample Submittal
625
Right to adjustment for changes in the Work
102
right to claim 4 7 1 9 4 9 5 9 11
10 2 11 2
11 9 12 1 13 9 14 8 15 1
15 5 173
Safety and Protection 620 622
72 13 ,
Safety Representative
621
Shop Drawings and Samples Submittals
624628
Special Consultants
1144
Substitute Construction Methods and Procedures 6 7
Substitutes and Or Equal Items
Expense 67
1 672
Subcontractors Suppliers and Others
68 611
Supervision and Superintendence 61
62 6 21
Taxes, Payment by
615
Use of Premises
616618
Warranties and guarantees
65 630
Warranty of Title
143
Written Notice Required
CONTRACTOR stop Work or terminate
155
Reports of Differing Subsurface
and Physical Conditions
423
Substantial Completion
14 8
Val
Article or Paragraph
Number
Coordination
CONTRACTOR s responsibility
692
Copies of Documents
2
Correction Period
1312
Correction Removal or Acceptance
of Defective Work
in general
104 1 13 10 13 14
Acceptance of Defective Work
13 13
Correction or Removal of
Defective Work
630 13 11
Correction Period
13 12
OWNER May Correct Defective Work
1314
OWNER May Stop Work
13 10
Cost
of Tests and Inspections
134
Records 11 7
Cost of the Work
Bonds and insurance additional
11459
Cash Discounts
1142
CONTRACTOR s Fee
116
Employee Expenses
11 4 5 1
Exclusions to
115
Generall1 4 11 5
Home office and overhead expenses
115
Losses and damages
11456
Materials and equipment
1142
Minor expenses
1 l 4 5 8
Payroll costs on changes
11 4 1
performed by Subcontractors
1143
Records 117
Rentals of construction equipment
and machinery
11453
Royalty payments permits and
license fees
11 4 15
Site office and temporary facilities
11 4 � 2
Special Consultants CONTRACTORS
1144
Supplemental
1145
Taxes related to the Work
11454
Tests and Inspection
134
Trade Discounts
1142
Utilities fuel and sanitary facilities
11457
Work after regular hours
11 4 1
Covering Work
136 137
Cumulative Remedies
174 175
Cutting fitting and patching
72
Data, to be furnished by OWNER
83
Day definition of
1722
Decisions on Disputes
911 912
defective definition of
1 14
defective Work
Acceptance of
1041 13 13
ErCIJC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of
Correction Period
in general
104 1 13 It OWNERS Representative
13 12 Payments to the CONTRACTOR,
13 147 1411 Responsibility for
Recommendation of Payment
Article or Paragraph
Number
Observation by ENGINEER
OWNER May Stop Work
Prompt Notice of Defects
Rejecting
Lncovermg the Work
Definitions
Delays 4 1 629
Delivery of Bonds
Delivery of certificates of insurance
Determinations for Unit Prices
Differ mg Subsurface or Physical Conditions
Notice of
ENGINEERS Review
Possible Contract Documents Change
Possible Price and Times Adjustments
Discrepancies Reporting
and Resolving 25
Dispute Resolution
Agreement
Arbitration
generall6
Mediation
Dispute Resolution Agreement
Disputes Decisions by ENGINEER
Documents
Copies of
Record 6 19
Reuse of
Drawings definition of
Easements
Effective date of Agreement definition of
Emergencies
ENGINEER
92
1310
131
96
13 8
1
123 124
21
27
910
423
424
425
426
332 6142
161 166
161 165
166
161 166
911912
Oi
37
1 15
41
1 16
623
as initial interpreter on disputes
9 11 9 12
definition of
1 17
Limitations on authority and responsibilities
9 13
Replacement of
82
Resident Project Representative
93
ENGINEER s Consultant definition of
l 18
ENGINEERS
authority and responsibility limitations on 913
Authorized Variations in the Work
95
Change Orders responsibility for
97 10 11 12
Clarifications and Interpretations
363 94
Decisions on Disputes
911 912
defective Work notice of
13 1
Evaluation of Substitute Items
673
Liability
632 912
Notice Work is Acceptable
14 13
Observations
6 30 2 92
91
99 14
144 1413
Article or Paragraph
Number
Responsibilities Limitations on
9 11 913
Review of Reports on Differing Subsurface
and Physical Conditions
4 2 4
Shop Drawings and Samples review
responsibility
626
Status During Construction
authorized variations in the Work
95
Clarifications and Interpretations
94
Decisions on Disputes
9 11 912
Determinations on Unit Price
910
ENGINEER as Initial Interpreter
911 9 12
ENGINEER s Responsibilities
9 1 912
Limitations on ENGINEERS Authorit}
and Responsibilities
9 13
OWNER s Representative
91
Project Representative
93
Rejecting Defective Work
96
Shop Drawings Change Orders
and Payments
9799
Visits to Site
92
Unit Price determinations
910
Visits to Site
92
Written consent required
72 9 1
Equipment Labor Materials and
63 6 5
Equipment rental Cost of the Work
11453
Equivalent Materials and Equipment
67
error or omissions
631
Evidence of Financial Arrangements
8 11
Explorations of physical conditions
4 2 1
Fee CONTRACTORS Costs Plus
116
Field Order
definition of
1 19
issued by ENGINEER
36 1 95
Final Application for Payment
14 12
Final Inspection
1411
Final Pavment
and Acceptance
14 13 14 14
Prior to for cash allowances
it 8
General Provisions
173 174
General Requirements
definition of
1 20
principal references to 26 64 6667 624
Giving Notice
171
Guarantee of Work by CONTRACTOR
630 1412
Hazard Communication Programs
622
Hazardous Waste
definition of
1 21
general
45
OWNER s responsibility for
810
EJCDC UENERAL CONDRWNS 191a a (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9 99)
SECTION 00100
INSTRUCTIONS TO BIDDERS
Indemnification 612 616 631 633
Insurance
53
Initially Acceptable Schedules
29
Precedence
1 33 3
Inspection
Reference to
3 3 1
Certificates of 9 13
4 13 5 14 12
Safety and Protection
620 132
Final
14 11
Subcontractors Suppliers and Others
6 8 6 11
Article
or Paragraph
Article or Paragraph
Number
Number
Special required byENGINEER
9 6
Tests and Inspections
135
Tests and Approval
8 7 13 3 134
Use of Premises
6 16
Insurance
Visits to Site
9 2
Acceptance of by OWNER
5 14
Liability Insurance
Additional required by changes
CONTRACTOR s
54
in the Work
11459
OWNERS
5 5
Before starting the Work
27
Licensed Sureties and Insurers
3
Bonds and in general
5
Liens
Cancellation Provisions
5 8
Application for Progress Payment
142
Certificates of 2 7 5 5 3 5 4 11 5 4 13
CONTRACTORS Warranty of Title
143
5 6 5 5 8 5 14
9 13 4 14 12
Final Application for Payment
1412
completed operations
54 13
definition of
1 23
CONTRACTORS Liability
54
Waiver of Claims
14 15
CONTRACTORS objection to coverage
5 14
Limitations on ENGINEER s authority and
Contractual Liability
54 10
responsibilities
913
deductible amounts CONTRACTORS
Limited Reliance by CONTRACTOR
responsibility
59
Authorized
4 2 2
Final Application for Payment
14 l2
Maintenance and Operating Manuals
Licensed Insurers
53
Final Application for Payment
14 12
Notice requirements material changes
5 8 10 �
Manuals (of others)
Option to Replace
5 14
Precedence
33 3 1
other special insurances
5 10
Reference to in Contract Documents
3 3 1
OWNER as fiduciary for insureds
5 12 5 13
Materials and equipment
OWNERS Liability
5 5
furnished by CONTRACTOR
6 3
OWNER s Responsibility
8 5
not incorporated in Work
14 2
Partial Utilization Property Insurance
5 15
Materials or equipment equivalent
6 7
Property
5 6 5 10
Mediation (Optional)
167
Rei,eipt and Application of Insurance
Milestones definition of
1 24
Proceeds
5 12 5 13
Miscellaneous
Special Insurance
5 10
Computation of Times
172
Waiver of Rights
5 11
Cumulative Remedies
174
Intent of Contract Documents
31 34
Giving Notice
171
Interpretations and Clarifications
3 6 3 94
Notice of Claim
173
Investigations of physical conditions
4 2
Professional Fees and Court Costs Included
175
Labor Materials and Equipment
6 3 6 5
Multi prime contracts
7
Lands
Not Shown or Indicated
4 3 2
and Easements
8 4
Notice of
Availability of
4 1 8 4
Acceptability of Project
14 13
Reports and Tests
8 4
Award definition of
1 25
Laws and Regulations Laws or Regulations
Claim
173
Bonds
5 1 5 2
Defects 13 1
Changes in the Work
10 4
Differing Subsurface or Physical Conditions
4 2 3
Contract Documents
3 1
Giving
171
CONTRACTOR s Responsibilities
614
Correction Period, defective Work
13 12
Tests and Inspections
13 3
Cost of the Work taxes
11 4 5 4
Variation, Shop Drawing and Sample
627
definition of
122
Notice to Proceed
gencra16 14
definition of
1 26
Indemnification
631 6 33
giving of
2 3
x
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety
105
Observations by ENGINEER
630 92
Occupancy of the Work 5 15
6 30 2 4 14 10
Omissions or acts by CONTRACTOR
69 913
Open Peril policy form Insurance
5 6 2
Option to Replace
5 14
Article
or Paragraph
Number
Or Equal Items
67
Other work 7
Overtime Work prohibition of
63
OWNER
Acceptance of defective Work
1313
appomt an ENGINEER
82
as fiduciary
5 12 5 13
Availability of Lands responsibility
41
definition of
1 27
data furnish
8 3
May Correct Defective Work
1314
May refuse to make payment
147
May Stop the Work
13 10
May Suspend Work
Terminate 8 8
13 10 15 1 154
Payment make prompt
83 144 1413
performance of other work
71
permits and licenses requirements
6 13
purchased insurance requirements
5 6 D 10
OWNER s-
Acceptance of the Work
Change Orders obligation to execute
Communications
Coordination of the Work
Disputes, request for decision
Inspections tests and approvals
Liability Insurance
Notice of Defects
Representative During Construction
ENGINEERS Status
Responsibilities
4sbestos PCBs Petroleum Hazardous
Waste or Radioactive Material
Change Orders
Changes in the Work
communications
CONTRACTOR s responsibilities
evidence of financial arrangements
inspections tests and approvals
insurance
lands and easements
prompt payment by
replacement of ENGINEER
reports and tests
63029
86 104
81
74
911
87 134
55
131
stop or suspend Work 88 13 10
terminate CONTRACTORS
91
8 10
86
101
81
89
8 H
87
85
84
83
$2
84
15 1
services 88 152
separate representative at site 93
testing independent
use or occupancy
of the Work
written consent or approval
required
134
51S 63024 1410
91 63 114
EICDC GENERAL CONDITIONS 1910 8Il9 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91991
Article or Paragraph
Numher
written notice required
71 94 911
It 119 147 154
PCBs -
definition of
1 29
general
45
OWNER s responsibility for
810
Partial Utilization
definition of
128
general 6 30 2 4 14 10
Property Insurance
5 1:1
Patent Fees and Royalties
612
Payment Bonds
5 1 5 2
Payments Recommendation of
144 147 14 13
Payments to CONTRACTOR and Completion
Application for ProgressPayments
142
CONTRACTORS Warranty of Title
143
Final Application for Payment
1412
Final Inspection
1411
Final Payment and Acceptance
14 13 1414
general
83 14
Partial Utilization
1410
Retamage
142
Review of Applications for
Progress Payments
144147
prompt payment
83
Schedule of Values
141
Substantial Completion
148 149
Waiver of Claims
14 15
when payments due
144 1413
withholding payment
147
Performance Bonds
15 2
Permits
613
Petroleum
definition of
1 30
general
45
OWNERS responsibility for
8 10
Physical Conditions
Drawings of in or relating to
42 12
ENGINEER s review
4 2 4
existing structures
42 2
general 2 12
Notice of Differing Subsurface or
4 2 3
Possible Contract Documents Change
425
Possible Price and Times Adjustments
426
Reports and Drawings
42 1
Subsurface and
42
Subsurface Conditions
4 2 1 1
Technical Data Limited Reliance by
CONTRACTOR Authorized
422
Underground Facilities
general
43
Not Shown or Indicated
432
Protection of
43 620
Sa
Article or Paragraph
Numher
Shown or Indicated
43 1
Technical Data
4 2 2
Preconstruction Conference
28
Preliminary Matters
2
Preliminary Schedules
26
Premises Use of
616 6 18
Price Change of Contract
11
Price Contract definition of
I I I
Progress Pavment, Applications for
142
Progress Payment retainage
142
Progress schedule CONTRACTORS
26 28 29
66 629 104 1521
Project definition of
131
Project Representative
ENGINEERS Status During Construction
93
Project Representative Resident definition of
133
Prompt payment by OWNER
83
Property Insurance
Additional
57
genera15 6 5 10
Partial Utilization 5 15
14 102
receipt and application of proceeds
) 125 13
Protection Safety and 620
621 132
Punch list
1411
Radioactive Material
defintion of
1 32
general4 5
OWNERS responsibility for
8 10
Recommendation of Payment 14 4 14 5 14 13
Record Documents
6 19 14 12
Records procedures for maintaining
28
Reference Points
44
Reference to Standards and Specifications
of Technical Societies
33
Regulations Laws and (or)
6 14
Rejecting Defective Work
96
Related Wort.
at Site
7 1 7 3
Performed prior to Shop Drawings
and Samples submittals review
628
Remedies cumulative
174 175
Removal or Correction ofDefecnve Work
13 11
rental agreements OWNER approval required
11 45 3
replacement of ENGINEER, by OWNER
82
Reporting and Resolving
Discrepancies 25 3 3 2 6 142
Reports
and Drawings
4 2 1
and Tests OWNERS responsibility
84
Resident and Project Representative
definition of
1 33
provision for 93
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
-1 CITY OF FORT COLLINS MODIFICATIONS (REV W99)
Article or Paragraph
Number
Resident Superintendent CONTRACTORS 62
Responsibilities
CONTRACTOR s-in general 6
ENGINEER s in general
9
Limitations on
9 13
OWNERS in general
8
Retamage
142
Reuse of Documents
3 7
Review by CONTRACTOR Shop Drawings
and Samples Prior to Submittal
625
Review of Applications for
Progress Payments
144 147
Right to an adjustment
102
Rights of Way
4 1
Royalties Patent Fees and
612
Safe Structural Loading
6 18
Safety
and Protection
432 616 618
620
621 72 132
general
620623
Representative CONTRACTORS
621
Samples
definition of
134
general
624 628
Review by CONTRACTOR
625
Review by ENGINEER
626 627
related Work
628
submittal of
6 24 2
submittal procedures
625
Schedule of progress
26 28 29 66
629 104 1521
Schedule of Shop Drawing and Sample
Submittals 2 6 2 8 2 9 6 24 6 28
Schedule of Values
26 28 29 14 1
Schedules
Adherence to
152 1
Adjusting
66
Change of Contract Times
104
Initially Acceptable
2 8 29
Prelim mary
26
Scope of Changes
103 104
Subsurface Conditions
42 11
Shop Drawings
and Samples general
6 24 628
Change Orders & Applications for
Payments and
9 7 9 9
definition of
135
ENGINEERS approval of
362
ENGINEER s responsibiln}
for review
97 624628
related Work
628
review procedures
2 8 624 629
xw
Article or Paragraph
Number
submittal required
Submittal Procedures
use to approve substitutions
Shown or Indicated
Site Access
Site Cleanliness
Site Visits to
by ENGINEER
by others
special causes of loss policy form
insurance
definition of
Specifications
defnation of
of Technical Societies reference to
precedence
Standards and Specifications
of Technical Societies
Starting Construction Before
Starting the Work
Stop or Suspend Work
by CONTRACTOR
by OWNER 8 8
Storage of materials and equipment
Structural Loading Safety
Subcontractor
624 1
625
673
431
72 132
6 17
92 132
132
562
136
136
331
333
33
2528
24
155
13 10 151
41 72
6 18
Concerning
68 611
definition of
137
delays
123
waiver of rights
611
Subcontractors in general
68 611
Subcontracts required provisions 511
611 1143
Submittals
Applications for Payment
142
Maintenance and Operation Manuals
1412
Procedures
6 25
Progress Schedules
26 29
Samples
624628
Schedule of Values
26 14 1
Schedule of Shop Drawings and Samples
Submissions_
6 28 29
Shop Drawings
024628
Substantial Completion
certification of 6 30 2 3 14 8 14 9
definition of
138
Substitute Construction Methods or Procedures 672
Substitutes and Or Equal Items
6 7
CONTRACTOR s Expense
67 13
ENGTNEERs Evaluation
673
Or Equal
67 11
Substitute Construction Methods
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Article or Paragraph
Number
or Procedures
Substitute Items
Subsurface and Physical Conditions
Drawings of in or relatng to
ENGINEER s Review
general
Limited Reliance by CONTRACTOR
Authorized
Notice of Differing Subsurface or
Physical Conditions
Physical Conditions
Possible Contract Documents Change
Possible Price andTimes Adjustments
Reports and Drawings
Subsurface and
Subsurface Conditions at the Site
Technical Data
Supervision
CONTRACTOR s responsibility
OWNER shall not supervise
ENGINEER shall not supervise
Superintendence
Superintendent CONTRACTORsresident
Supplemental costs
Supplementary Conditions
definition of
Temporary construction facilities
E!1
Article or Paragraph
Number
672 Termmation
67 12 by CONTRACTOR
b} OWNER 8 8 15 1
4212
424
42
422
423
4212
425
426
421
42
4211
422
61
89
92 9132
62
62
1145
principal references to 1 10 1 18
42 43 51 53 54
511 68 613 74 811
Supplementing Contract Documents
Supplier
definition of
principal references to 37 65 68 6 11
624 913
Waiver of Rights
Surety
consent to final payment
ENGINEER has no duty to
Notification of
qualification of
Survival of Obligations
Suspend Work OWNER May
Suspension of Work and Termination
CONTRACTOR May Stop Work
or Term mate
OWNER May Suspend Work
OWNER May Terminate
Taxes- Payment by CONTRACTOR
Technical Data
Limited Reliance by CONTRACTOR
Possible Price and Times Adjustments
Reports of Differing Subsurface and
Physical Conditions
xry
1 39
22 27
5659
93 910
36
140
620
14 12
6 11
1412 1414
9 13
10 1 105 152
5153
634
13 10 151
15
155
15 1
152154
615
422
426
423
of ENGINEER s employment
Suspension of Work in general
Terms and Adjectives
Tests and Inspections
Access to the Work, by others
CONTRACTORS responsibilities
cost of 13 4
covering Work prior to
Laws and Regulations (or)
Notice of Defects
OWNER May Stop Work
OWNERS independent testing
special required by ENGINEER
timely notice required
Lneovermg the Work at ENGINEER s
request
Times
Adjusting
Change of Contract
Computation of
Contract Times definition of
day
Milestones
Requirements
appeals
clarifications
155
154
82
15
34
132
135
136137
135
131
13 10
134
96
134
138139
66
12
172
1 12
1722
12
910 16
claims and disputes 911 112
Commencement of Contract Times
Preconstruction Conference
schedules
Starting the Work
Title Warranty of
Uncovering Work
Underground Facilities Physical Conditions
definition of
Not Shown or Indicated
protection of
Shown or Indicated
Unit Price Work
claims
definition of
generall 19 14 1 14 5
Unit Prices
general11 3 1
26 29
138
2 12
23
28
66
24
143
139
1 41
432
43 620
431
1193
1 42
Determination for
910
Use of Premises
616 618 63024
Utility owners
6 13 6 20 7 1 7 3 13 2
Utilization Partial
1 28 5 15 6 30 2 4 14 10
Value of the Work
113
Values Schedule of
26 28 29 14 1
EICDC GIENERAL CONDITIONS 1910 811990 EDITION]
w/ CITY OF FORT COLLINS MODIFICATIONS (REV W99)
Variations in Work Minor
Authorized
625 627 95
Article or Paragraph
Number
Visits to Site by ENGINEER
92
Waiver of Clams on Final Payment
14 1�
Waiver of Rights by insured parties
5 11 611
Warranty and Guarantee General by
CONTRACTOR
630
Warranty of Title CONTRACTORS
143
Work
Access to
132
by others
7
Changes in the
10
Continuing the
629
CONTRACTOR May Stop Work
or Terminate
15 5
Coordination of
74
Cost of the
114 11 5
definition of
1 43
neglected by (CONTRACTOR
1314
other Work
7
OWNER May Stop Work
13 10
OWNER May Suspend Work
13 10 151
Related, Work at Site
7 1 7 3
Smiting the
24
Stopping by CONTRACTOR
155
Stopping by OWNER
151 154
Variation and deviation authorized, minor 3 6
Work Change Directive
clans pursuant to
102
definition of
1 44
principal references to
3 > 3 10 1 102
Written Amendment
definition of
145
principal references to 1 10 3 5 5 10 15 12
662 682 619 101 tO4
112 121 13122 1472
Written Clarifications and
Interpretations 3 6 3 94 911
Written Notice Required
by CONTRACTOR 71 9 10 9 11
104 112 12 1
by OWNER 910911 104 112 1314
xv E1CDC UENERAL CONDITIONS 19111 8 (1990 EDMON)
w/ CITY OF FORT COLLINS MODIHCA17ONS (REV 9/99)
(This page left blank Intentionally)
xh E1CDC GENERAL CONDITIONS 1910 S (1990 EDI11ON)
W CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDMONS
ARTICLE 1 DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof
1 1 Addenda Written or graplue instruments issued
prior to the opening of Bids which clarify correct or
change the Bidding Requirements or the Contract
Documents
12 4greement—The written contract between OWNER
and CONTRACTOR covering the Work to be performed
other Contract Documents are attached to the Agreement
and made a part thereof as provided therem
13 Application for Payment The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents
14 Asbestos Any material that contains more than one
percent asbestos and is Enable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration
1 5 Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed
16 Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders the Bid form and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids)
17 Bidding Requirements The advertisement a
invitation to Bid instructions to bidders, and the Bid form
1 8 Bonds —Performance and Payment bonds and other
instruments of security
19 Change Order —A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
110 Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents)
CONTRACTORs Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910.8 (1990 Erbnm)
w/ QTY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEERS
written interpretations and clarifications issued pursuant to
Paragraphs 3 5 3 6 1 and 3 6 3 on or after the Effective
Date of the Agreement Shop Drawing submittals
approved pursuant to paragraphs 6 26 and 6 27 and the
reports and drawings referred to in paragraphs 4 2 1 and
4 2 2 are not Contract Documents
111 Contract Price The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 119 1 in the case of Unit Price Work)
1 12 Contract Times —The numbers of days or the
dates stated in the Agreement (i) to achieve Substantial
Completion and (u) to complete the Work so that it is
ready for final payment as evidenced by ENGINEERS
written recommendation of final payment in accordance
with paragraph 14 13
1 13 CONTRACTOR The person, firm or corporation
with whom OWNER has entered into the Agreement.
1 14 defective —An adjective which when modifying
the word Work refers to Work that is unsmtsfactory, faulty
or deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contact Documents, or has been damaged prior to
ENGINEERS recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14 8 or 14 10)
1 15 Drawings The drawings which show the scope
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents Shop drawings are not
Drawings as so defined
116 Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver
117 ENGINEER —The person, firm or corporation
named as such in the Agreement
1 18 ENGPVEER s Consultant A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEERS independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions,
119 Field Order —A written order issued
b
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 Tunes
120 General Requirements Sections of Division 1 of
the Specifications
121 Ha ardour Waste —The term Hazardous Waste shall
have the mewung provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time
122 a Laws and Regulations Laws or Regulations Any
and all applicable laws niles, regulations ordinances,
codes and orders of any and all governmental bodies
agencies, authorities and courts having I unsdichon
1 22b Legal Hohda s shall be those holidays observed
by the City of Fort Collins
123 Liens Liens, charges security interests or
encumbrances upon real property or personal property
124 i4Likstone 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 ofAward—A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therem, within the time specified
OWNER will sign and deliver the Agreement
126 Vance to Proceed —A wntten notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTORS obligations under the
Contract Documents
127 OWNER —The public body or authority
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided
128 Partial Utilization Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work
129 PCBs —Polychlorinated biphenyls
130 Petroleum Petroleum including crude oil or any
fraction thereof wluch is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
147pounds per square inch absolute) such as oil
Petroleum fuel od od sludge oil refuse gasoline kerosene
and oil muted with other non Hazardous Wastes and crude
oils
131 Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents
132 a Radioactive Nfatenal—Source special nuclear or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 19104 (1990 Ed.,M)
WICITY OF FORT COLLINS MODIFICATIONS (REV 4,2000)
1954 (42 US( Section 2011 et seq ) as amended from
time to time
132 b Regular Wonlvng Hours- Regular workino hours
are defined as 7 OOam to 6 OOpm unless otherwise
specified m the General Requrements
133 Resident Project Representauve—The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
134 Samples —Physical examples of materials
equipment or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
135 Shop Drawmgs All drawings, diagrams
illustrations, schedules and other data or m£onnabon
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, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto
137 Subcontractor An individual firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site
138 Substantial Completion The Work (or a
specified part thereof) has progressed to the point where
in the opinion of ENGINEER as evidenced by
ENGNEERs definitive certificate of Substantial
Completion, it is sufficiently complete in accordance with
the Contract Documents so that the Work (or specified
Fart) can be utilized for the purposes for which it is
intended or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEERS written recommendation of
final payment in accordance with paragraph 14 13 The
terms substantially complete and substantially
completed as applied to all or part of the Work refer to
Substantial Completion thereof
139 Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions
140 Suppher—A manufacturer fabricator supplier
distributor materialman or vendor having a direct contract
with CONTRACTOR a with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor
141 Underground Facilines—All pipelines, conduits
ducts, cables, wires manholes, vaults tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials elmincity gases, steam liquid petroleum
products telephone or other communications, cable
television sewage and drainage removal, traffic or other
control systems or water
142 Unit Price Work —Work to be paid For on the basis
of unit prices
143 Work The entire completed construction or the
vanous separately identifiable parts thereof required to be
furnished under the Contract Documents Work includes
and is the result of performing or famishing labor and
Zaslung and incorporating materials and equipment into
construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents
144 Work Change D7mckve—A written directive to
CONTRACTOR?, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in pamgraph42 or 43 or to
emergencies under paragmph 6 23 A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any on the Contract Price or Contract Tunes as
provided in paragraph 10 2
145 Wntlen Amendment A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengmeenng
or nontechnical rather than strictly construction related
aspects of the Contract Documents
ARTICLE 2—PRELIMINARY MATTERS
Dehvery of Bonds
21 When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5 1
Copies ofDoeuments
22 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work Additional copies
will be furnished, upon request, at the cost of reproduction
Commencement of Contract Times Nonce to Proceed
23 The Contract Tames will commence to run on the
thirtieth day after the Effective Date of the Agreement, or
EJCDC GENERAL CONDITIONS 1910-5 (1990Edtma)
w/ CITY OF FORT COLLWS MODIFICATIONS (REV 40000)
of a Notice to Proceed is given, on the day indicated in the
Notice to Proceed A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement in
9f' FFq� _.L J_
C.L_ A �
..�af
Starting the Work
24 CONTRACTOR shall start to perform the f ork
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run
Before Starting Construction
25 Before undertaking each part of the Work
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby however CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof
26 Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements) CONTRACTOR shall submit to
ENGINEER for review
261 a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work including
MY Milestones specified in the Contract Documents
262 a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting reviewing and
processing such submittal
2621 In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer
263 A prelininary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropnate amount of overhead and profit applicable
to each item of Work
27 Before any Work at the site is started,
CONTRACTOR and (:AXNER shall eseh deliver to the
ether OWNER, wmih copies to
identified in the e ..... — loralitsms ENGINEER,
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 Pr03ect 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
Rev 10/20/07 Section 00100 Page 1
certificates of insurance (and other evidence of insurance
requested by OWNER) which
CUIN I ACTOR�*ti,.nR-ra�peo,:v��� is required
to purchase and �",.maintain in accordance with
paragraphs 5 4�6 a.,a-7-"s 7
Preconstmetion Conference
28 Within twenty days after the Contract Tunes start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2 6
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records
Indrngy Acceptable Schedules
29 Unless otherwise provided in the Contract
Documents Rt Rt'east st __ days befixe sabirussim of the Fit _
ApoteatieR let Payment before any work at the site begins,
a conference attended by CONTRACTOR ENGINEER
and others as apprepnew designated by OWNER, will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2 6 and Division 1 General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Tunes, but such acceptance will neither Impose on
ENGINEER responsibility for the sequenevirttgg,, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTORS full
responsibility therefor CONTRACTORS schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTORS schedule of values will be acceptable to
ENGINEER as in form and substance
ARTICLE 3 -CONTRACT DOCUMENTS INTENT
AMENDING REUSE
Intent
31 The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work The Contract Documents are
complementary what is called for by one is as binding as if
called for by all The Contract Documents will be
construed in accordance with the law of the place of the
Project
32 It IS the intent of the Contract Documents to
EICDC GENERAL CONDITIONS 1910 a (1990 E h,,,o
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
describe a functionally complete Project (or part thereof)
to be constructed inaccordance with the Contract
Documents Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
Produce the intended result will be furnished and
performed whether or not specifically called for When
words or phrases which have a well known technical or
construction industry or trade meaning are used to
dewnbe Work materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9 4
33 Reference to Standards and Specifications of
Technical &aettes Reporting and Resolving
Discrepancies
331 Reference to standards specifications
manuals or codes of any technical society organization
or association or to the Laws or Regulations of any
governmental authority whether such reference be
specific or by Inplicatnon shall mean the latest
standard specification manual code or Laws or
Regulations in effect at the tune of opening of Bids (or
on the Effective Date of the Agreement of there were
no Bids) except as may be otherwise specifically
stated in the Contract Documents
332 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 protision 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 623) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3 5 or 3 6 provided however that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict
error ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof
3 3 3 Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3 5 or 3 6 the
Provisions of the Contract Documents shall take
precedence in resolvmg any conflict error ambiguity
or discrepancy between the provisions of the Contract
Documents and
3 3 3 1 the provisions of any such standard,
specification manual, code or instruction (whether
Or not specifically incorporated by reference in the
Contract Documents) or
3 3 3 2 the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
In violation of such Law or Regulation)
No provision of any such standard specification, manual
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER
ENGINEER or arry of ENGINEERS Consultants, agents or
employees any duty or authonty to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9 13 or any other provision of the
( ontract Documents
34 Whenever in the Contract Documents the terms as
ordered as directed as required as allowed as
approved or terms of like effect or Import are used, or the
adjectives reasonable suitable acceptable proper
or satisfactory or adjectives of like effect or import we
used to desenbe a requirement, dnection, review or
judgment of ENGINEER as to the w ork It is intended that
such requirement, direction, review or judgment will be
solely to evaluate in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
Shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise) The use of
any such term or adjective shall not be effective to assign to
EN(rINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9 13 or any other provision of the
Contract Documents
AmentLng and Supplementing Contract Documents
3 ) 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
35 1 a formal Wntten Amendment,
3 5 2 a Change Order (pursuant to paragraph 10 4)
or
EICDC GENERAL CONDITIONS 191M (1990 ENlim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
3 5 3 a Work Change Directive (pursuant to
paragraph 101)
36 In addition, the requirements of the Contract
Documents may be supplemented and minor variations
and deviations in the Work may be authonzed in one or
more of the following ways
3 6 1 A Field Order (pursuant to paragraph 9 5)
3 6 2 ENGINEERS approval of a Shop Drawing or
Sample (pursuant to paragraphs o 26 and 6 27) or
363 ENGINEERS written interpretation or
clarification (pursuant to paragraph 9 4)
Reuse of Documents
37 CONTRACTOR and any Subcontractor or
Supplier or other person or orgammuon performmg or
finishing any of the Work under a direct or indirect
contract with OWNER (I) shall not have or acquire any
tide to or ownership rights many of the Dmwings
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEERS Consultant and (n) 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
writtenverificauon or adaptation by ENGINEER
ARTICLE 4- AVAILABILITY OF LANDS
SUBSURFACE AND PHYSICAL CONDITIONS
REFERENCE POINTS
AvarlabilIty of Lands
41 OWNER shall furmsh, as indicated in the Contract
Documents, the lands upon which the work is to be
performed, nghtsof way and easements for access
thereto and such other lands which are designated for the
useof CONTRACTOR
Optpp-n _lmr v_._h nnn,Tn..
f . e_ _
1;nds In
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 amours or extern of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNERS furnishing these lands, nghtsof
way or easements. CONTRACTOR may make a clam
therefor as provided in Articles 11 and 12
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment
42 Subsurface andPhyacal Condrhons
42 1 Reports and Drawings Reference is made to
the Supplementary Conditions for identification of
42 1 1 Subsurface Conditions Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents
and
4 2 12 Physical Condrhons 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 Lumted Reliance by CONIRACTOR Authorized
Techracal Data CONTRACTOR may rely upon the
general accuracy of the technical data contained in such
reports and drawings, but such reports and drawings are not
Contract Documents Such technical data is identified in
the Supplementary Conditions Except for such reliance on
such technical data CONTRACTOR may not rely upon
or make any claim against OWNER ENGINEER or any of
ENGINEER s Consultants with respect to
4 2 2 1 the completeness of such reports and
drawings for CONTRACTORS purposes
including but not limited to any aspects of the
means methods techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto or
4222 other data interpretations opinions
and information contained in such reports or shown
or indicated in such drawings, or
4223 tiny CONTRACTOR interpretation of
or conclusion drawn ftom any technical data or
any such data interpretations opinions or
information
423 Notice of Differing Subsurface or Physical
Conditions If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either
4 2 3 1 is of such a nature as to establish that
any technical data on which CONTRACTOR is
entitled to rely as provided in paragraphs 4 2 1 and
4 2 2 is materially inaccurate or
4232 is of such a nature as to require a
change in the Contract Documents or
4 2 3 3 diffem materially from that shown or
EJCDC GENERAL CONDITIONS 19Io-8 (1990 EAum)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4234 Is of an unusual nature and differ
materially from conditions ordinarily encountered
and geramilly recognized as inherent in work of
the character provided for in the Contract
Documents then
CONTRACTOR shall promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
Permitted by paragraph623) notify OWNER and
ENGINEER in writing about such condition
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so
424 ENGINEERS Review ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNERS obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEERs
findings and conclusions
425 Possible Contract Documents Change If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4 2 3 a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change
426 Possible Price and Tunes A4ustments 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 CONTRACTORS cost
of or time required for performance of the Work subject,
however to the following
4 2 6 1 such condition must meet any one or
more of the categories described in
Paragraphs 4 2 3 1 through 4 2 3 4 inclusive
4262 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
4263 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
paragmphs 9 10 and l l 9 and
4264 CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if
4264 1 CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract or
42642 the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation exploration
test or study of the site and contiguous
areas retained by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTORS making such final
commitment or
42643 CONTRACTOR faded to
give the written notice within the time and
as required by paragraph 4 2 3
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12 However OWNER ENGINEER and
ENGINEERs Consultants shall not be liable to
CONTRACTOR for any claims costs losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
43 Physical Con4Vhons Underground Fanhnes
43 1 Shoun orinehcated The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at m
contiguous to the site is based on information and data
f unshed to OWNER or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise expressly provided in the Supplementary
Conditions
4 3 1 1 OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data and
4 3 1 2 The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have fiull responsibility for (i) reviewing and
checking all such information and data (u) locating
all Underground Facilities shown or indicated in the
Contract Documents,(m) coordination of the Work
with the owners of such Underground Facilities
during construction, and (w) the safety and
protection of all such Underground Facilities as
provided in paragraph 6 20 and repairing any
damage thereto resulting from the Work
4 3 2 Not Shown or Inchcated 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
ummediztely after becoming aware thereof and before
further disturbing conditions affected thereby or
perform mg any Work in connection therewith (except
in an emergency as required by paragmph623)
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-9 (1990 Ed um)
w/ CRY OF FORT COLLINS MODIFICATIONS (REV 42000)
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent if
any to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility If
ENGINEER concludes that a change in the Contract
Documents is required, a Wort. Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences During
such time CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 620
CONTRACTOR sheik may be allowed an increase in
the Contract Price or an extension of the Contract
Times or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times CONTRACTOR may make a claim
therefor as provided in Articles I 1 and 12 However
OWNER ENGINEER and ENGINEERS
Consultants shall not be liable to CONTRACTOR for
any claims costs losses or damages mcurr d or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project
Reference Points
44 OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEERS judgment are necessary to enable
CONTRACTOR to proceed with the Work
CONTRACTOR shall be responsible for laying out the
Work shall protect and preserve the established reference
Points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel
4.5 Asbestos, PCBs Petroleum Hazardous Waste or
Radioactive Matertal
45 1 OWNER shall be responsible for any
Asbestos PCBs Petroleum Hazardous Waste or
Radioactive 1,&terial uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR Subcontractors Suppliers or
anyone else for whom CONTRACTOR is
responsible
ARTICLE 5- DONDS AND INSURANCE
Performance Payment and Other Bonds
5 1 CONTRACTOR shall furnish Perforinance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTORS obligations under the
Contract Documents These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due except as provided otherwise by Laws or
Regulations or by the Contract Documents
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions All Bonds
shell be in the form presenbed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Renewing Companies as published in
Circular 570 (amended) by the Audit Staff. Bureau of
Government Financial Operations U S Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agents authority
to act
52 If the surety on any Bond funushed by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated many
state where any pan of the Project is located or it ceases to
meet the requirements of paragraph 5 1 CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety both of Much must be acceptable to OWNER
53 Licensed Sureties and Insurers Certificates of
Insurance
53 1 All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety, or insurance compames that me duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions
532 CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintam
in accordance with paragraph 5 4 Oli44ER ska}I
EJCDC GENERAL CONDITIONS 191 OF (1990 Ennm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR s Liabibty Insurance
54 CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTORS performance and
furnishing of the Work and CONTRACTORS other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR any
Subcontractor or Supplier or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work or by anyone for whose acts any of them
may be liable
5 4 1 clans under workers compensation, disability
benefits and other similar employee benefit acts
542 clamps for damages because of bodily mlury
occupational sickness or disease or death of
CONTRACTORS employees
5 4 3 clamps for damages because of bodily injury
sickness or disease or death of any person other than
CONTRA(,TORs employees
5 4 5 clans for damages, other than to the Work
itself because of injury to or destruction of tangible
Property wherever located, including loss of use
resulting therefrom and
5 4 6 claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership maintenance or use of any motor
vehicle
The policies of insurance so required by this paragraph 5 4
to be purchased and maintained shall
5 4 7 with respect to insurance required by
paragraphs 5 4 3 through 5 4 6 inclusive and 5 4 9
include as additional insureds (subject to any
customary exclusion in respect of professional
liability) OWNER ENGINEER ENGINEERs
Consultants and any other persons or entities identified
in the Supplementary Conditions all of whom shall be
listed as additional msureds, and include coverage for
the respective officers and employees of all such
additional insureds
5 4 8 include the speck coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater
549 include completed operations insurance
FJCDC GENERAL CONDITIONS 1910-9 (19"EcItim)
w/ (1TY OF FORT 0OU1M MODIFICATIONS (REV 92000)
5 4 10 include contractual liability insurance
covering CONTRACTORS indemnity obligations
under paragraphs 6 12 6 16 and 6 31 through 6 33
5 4 11 contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days
Prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5 3 2 will so
provide)
5 412 remain in effect at least until final payment
and at all tines thereafter when CONTRACTOR may
be correcting removing or replacing defective Work
in accordance with paragraph 13 12 and
5 413 with respect M completed openitams
insurance and any insurance coverage written on a
clamms-made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter)
OWNER s Liability Insurance
5 ) In addition to insurance required to be provided
by CONTRACTOR under paragraph 54 OWNER at
OWNERS option, may purchase and maintain at
OWNERS expense OWNERS own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents
Property Insurance
59 OWNER shall not be responsible for purchasmg
and mamtammg any property insurance to protect the
mterests of CONTRACTOR Subcontractors or others m
Fisk of
...L 1.._.... C .. ._f them
_.
10 EJCDCGENERAL CONDITION519I0 a(1990Emtlm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Receipt andApphcahon of Insurance Proceeds
512 Any insured loss under the policies of Insurance
required by pamgmphs 5 6 and 5 7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear subject to the
requirements of any applicable mortgage clause and of
Paragraph 513 OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parttes in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment
5 13 OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in witting within fifteen days
after the occurrence of loss to OWNERS exercise of this
power If such objection be made OWNER as fiduciary
shall make settlement with the Insurers in accordance with
such agreement as the parries in interest may reach If no
such agreement among the parties in interest is reached
OWNER as fiduciary shall adjust and settle the loss with
the insurers
ffQlps_��su-h
Acceptance ofBondv and Insurance Ophen to Replace
514 If
OWNER has any objection to the coverage afforded by or
other provisions of the Reads a insurance required to be
purchased and maintained by the edwr—peety
CONTRACTOR m accordance with Article 5 on the basis
of nonconfortnance with the Contract Documents the
OWNER will
notrfv CONTRACTOR in witting within ten fifteen days
alter receipt delivery of the certificates (er-athAF evidenee
requested) to OWNER as required by paragraph 2 7
ether m_h_a..._
Partial UhGZahon—Properly Insunmce
515 If OWNER finds it necessary to occupy or use a
Portion or portions of the Work prior to Substantial
EICDC GENERAL CONDITIONS 1910E (1990Edmim)
w1 CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Completion of all the Work such use or occupancy may
be accomplished in accordance with paragraph 14 10
provided that no such use or occupancy shall commence
before the insurers providmg the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby The Insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
Insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy
ARTICLE 6—CONTRACTOR S
RESPONSIBILITIES
Supervrston andSupertme dunce
61 CONTRACTOR shall supervise inspect and
direct the Work competently and efficiently devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents
CONTRACTOR shall be solely responsible for the means,
methods, techruques sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method technique sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents
62 CONTRACTOR shall keep on the Work at all
tunes during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances The supeninendent will be
CONTRACTORS representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor Materials and Equipment
63 CONTRACTOR shall provide competent,
suitably qualified personnel to survey lay out and
construct the Work as required by the Contract
Documents CONTRACTOR shall at all tunes maintain
good disci hne 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 OWNERS written
consent given after prior written notice to ENGINEER
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of am Work to be
performed on Saturday Sunday Holidays or outside the
Regular Working Hours
11
64 Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor
transportation construction equipment and machinery
tools, appliances, fuel, power light, heal telephone water
sanitary facilities temporary facilities and all other
facilities and incidentals necessary for the furnishing
performance testing start up and completion of the Work
641 Purchasing Restrictions CONTRACTOR
must comply with the Citvs ourchasi o restnchons A
copy of the resolutions are available for review in the
offices of the Purchasmq and Risk Manes ement
Division or the City Clerks office
642 Cement Restrictions City of Fort Collins
Resolution 91 121 requires that suppliers and producers
of cement or products containing cement to certify that
me cement was not made in cement kilns that bum
hazardous waste as a fuel
65 All materials and equipment shall be of good
quality and new except as otherwise provided in the
Contract Documents All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER If required by ENGINEER
CONTRACTOR shall famish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment All matenals and
equipment shall he applied, installed, connected erected
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier except as otherwise
provided in the Contract Documents
Progress Schedule
66 CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2 9 as it
may be adjusted from time to nine as provided below
661 CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 29) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones) Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto
662 Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 121 Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12
67 Substdutesand Or Equal items
6 7 1 Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier the specification or description is
intended to establish the type function and quality
required Unless the specification or description
12 E1CDC GENERAL CONDITIONS 1910-8 (1990 E bt,m)
w/ CITY OF PORT COLLINS MODIFICATIONS (REV 4/2000)
contains or is followed by words reading that no like
egwvalent or or equal item or no substitution is
permitted other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances
6 7 1 1 Or Equal If in ENGTNEERs sole
discretion an item of material or equipment
Proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar ao that
no change in related Work will be required, it may
be considered by ENGINEER as an or -equal
item in which case review and approval of the
proposed item may in ENGINEERS sole
discretion, be accomplished without wmpliance
with some or all of the requirements for
acceptance of proposed substitute Items
6 7 12 Substitute Items If in ENGINEERS sole
discretion an item of material or equipment
Proposed by CONTRACTOR does not qualify as
an or equal Item under subparagraph 6 7 1 1 it
will be considered a proposed substitute item
CONTRACTOR shall submit sufficiem
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances
Requests for review of proposed substitute items
of mmenal or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design be similar
in substance to that specified and be suited to the
Same use as that specified The application will
state the extent, if any to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTORS achievement of
Substantial Completion on time whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not mcotporation or use
Of the substitute in connection with the Work is
subject to payment of any license fee or royalty
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance repair and replacement
service will be indicated The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute including costs of
redesign and claims of other contractors affected
by the resulting change all of which will be
considered by ENGINEER in evaluating the
proposed substitute ENGINEER may require
CONTRACTOR to Burnish additional data about
the proposed substitute
6 7 1 3 CONTRACTOR s Expense All data to be
provided by CONTRACTOR in support of any
proposed or -equal or substitute item will be at
CONTRACTOR s expense
672 Substitute Construction Methods or
Procedures If a specific means method, technique
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utihze a
substitute means, method, techmque sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER in ENGINEERS sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7 1 2
6 7 3 Engineer's Evaluation ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
Paragraphs 6 7 12 and 6 7 2 ENGINEER will be the
sole judge of acceptability No orrqual or
substitute will be ordered, installed or utilized without
ENGINEERS prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing OWNER may require
CONTRACTOR to furnish at CONTRA(,TORs
expense a special performance guarantee or other
surety with respect to any orequal or substitute
ENGINEER will record time required by
ENGINEER and ENGINEERS Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6 7 12 and
6 7 2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reunburse
OWNER for the charges of ENGINEER and
ENGINEERS Consultants for evaluating each such
proposed substitute item
68 Concemhng Subcontractors Suppliers and
Others
6 8 1 CONTRACTOR shall not employ any
Subcontractor Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as mdncated in paragraph 6 8 2) whether
initially or as a substitute against whom OWNER or
ENGINEER may have reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor Supplier or other person or organization
to furnish or perform any of the Work age,,- whom
CONTRACTOR has reasonable objection
EJCDC GENERAL CONDI IIONS 1910.8 (1990 Ethbm)
w/ CtTY OF FORT COLLINS MODIFICATIONS (REV 42000)
69
CONTRACTOR shall perform not less than 20
Percent of the Work with its own forces
without subcontracting) The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price
6 8 2 Biddme
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (mcluding those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,--neid--i€
CONTRACTORL__ _ -
ii-nerdemea with th. go Hie to
Am
OWNERS or ENGINEERS acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
orgameatten so idertified—may—b"evoked on die
basis of F-Awnghle bl�ati
in .ti.o
aeeepgbis submit
will
constitute a condition of the Contract requiring the
use of the named subwntmctors suppliers or other
persons or organization on the Work unless prior
written anoroval Is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor Supplier or
other person or organization shall constitute a waiver
Of any right of OWNER or ENGINEER to reject
defective Work
6 9 1 CONTRACTOR shall be fully responstble to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and orgamations performing m funwhi g any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTORs own acts and
omissions Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor
Wlipher or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to we to the payment of any moneys due any
such Subcontractor Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations OWNER or ENGINEER may
furnish ro aria subcontractor supplier or other person
or organnzetmn evidence of amounts p id to
CONTRACTOR in accordance with
CONTRACTORS Atmhcauons forPayment
13
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
the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and
Rev 10/20/07 Section 00100 Page 2
692 CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and Wicr persons and
organimttons performing or furmshing any of the
Work under a direct or Indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
orgamaations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
610 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 Wok to be
performed by any specific trade
611 All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER
.0
CONTRACTOR taid 10F will
co cnmrwrccif in an! -
Potent Fees and Roya[has
612 CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others
If a particular invention, design process, product or device
IS specified in the Contract Documents for use in the
Performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee a
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall Indemnify, and hold harmless
OWNER, ENG]NEER, ENGINEERs Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs
losses and damages ansmg out of or resulting from any
uifrmgement of patent rights or copyrights incident to the
use to the performance of the Work or resulting from the
incorporation in the Work of any itiventiom design,
process, product or device no specified in the Contract
Documents
14 EJCDCGENERALCONDITION419109(1990EAnm)
w/ CI rY OF FORT COLLINS MODIFICATIONS (REV 42000)
Pennds
613 Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses OWNER shall assrst
CONTRACTOR, when necessary in obtaining such
permits and licenses CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids or if there are no Bids on the
Effective Date of the Agrcement CONTRACTOR shall
Fey all charges of utility owners for connections to the
Work and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees
614 Laws and Regulations
6 14 1 CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work Except
where otherwise expressly regmred by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTORS compliance with any Laws or
Regulations
6 14 2 If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs losses and damages caused by
arising out of or resulting therefrom however it shall
not be CONTRACTORS prunary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR s obligations under paragraph 3 3 2
/'axes
6 15 CONTRACTOR shall pay all sales, consumer
use and other similar taxes required to be Farad by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work
615 1 OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
Ocennanendv Incorporated Into the orolect Said taxes
N not fie included in the Contract Rice
Address
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colomdo and are included in the Certification of
Exemption
All applicable Sales and Use Taxes (imiuding State
collected taxes), on any Items other than construction
and building materials physically mcomomted into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid Items
Use of Premises
616 CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations
nghts-of way permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment
CONTRACTOR shall assume full responsibility for any
damage to any such land or area or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work Should any claim be
made by any such owner or occupant because of the
performance of the Work CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law CONTRACTOR shall to the fullest
extent permitted by Laws and Regulations mdemmfy and
hold buttress OWNER, ENGINEER, ENGINEERS
Consultant and anyone directly or mdrrectly employed by
an} of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner a
occupant against OWNER. ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTORS performance of the Work
6 17 During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials rubbish and other debris resulting from the
Work At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debits from
and about the premises as well as all tools, appliances
construction equipment and machinery and surplus
materials CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condmon all property not designated for alteration
by the Contract Documents
618 CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger A
Record Documents
FJCDC GENERAL CONDITIONS 191" (1990 EtLnm)
WICITY OF FORT COLLINS MODIFICATIONS (REV 42000)
619 CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Duectives, Field Orders and written
interpretations and danfications (issued pursuant to
paragraph 9 4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference Upon completion
of the Work, and prior to release of final payment these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER
Safety and Protection
620 CONTRACTOR shall be responsible for
initiating maintaining and supervising all safety
precautions and programs in connection with the Work
CONTRACTOR shall take all necessary precautions for
the safety of and shall provide the necessary protection to
prevent damage injury or loss to
6 20 1 all persons on the Work site or who may be
affected by the Work
6 20 2 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site and
6 20 3 other property at the site or adjacent thereto
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal relocation or
replacement in the course of construction
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body havingjurisdimron for
safety of persons or property or to protect them from
damage injury or loss and shall erect and maintain all
necessary safeguards for such safety and protection
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them and shall
cooperate with them in the protection removal relocation
and replacement of their property All damage injury or
loss to any property referred to in paragraphs 6 20 2 or
6 20 3 caused, directly or indirectly in whole or in part, by
CONTRACTOR, any Subcontractor Supplier or any
other person or organization directly or indrectly
employed by any of them to perform or fumish any of the
Work or anyone for whose acts any of them may be liable
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEERS Consultant or anyone employed by arry of
them or anyone for whose acts any of them may be liable
and not attributable directly or indirectly in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor Supplier or other person or organization
directly or indirectly employed by any of them)
CONTRACTORS duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work its completed and ENGINEER has issued a
15
nonce to OWNER and CONTRACTOR in accordance
with paragraph 14 13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion)
621 Safety Representatwe
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs
Hazard Communication Programs
622 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site on accordance with Laws or
Regulations
Emergenctex
623 In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto CONTRACTOR, without special Instruction or
authonaition from OWNER or ENGINEER 1s obhgated to
act to prevent threatened damage injury or loss
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or vartations 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 Directors
or Change Order will be Issued to document the
consequences of such action
624 Shop DrawingsandSamples
6 24 1 CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2 9) All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements The data shown on the Shop Drawings
will be complete with respect to quantities
dimensions specified performance and design criteria
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6 26
6 24 2 CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submitass Each Sample will be identified
clearly as to material, Supplier pernment data Such as
catalog numbers and the use for which intended and
otherwise as ENGINEER ma} require to enable
ENGINEER to review the Submittal for the limited
16 EJCDC GENERAL CONDITIONS 1910 S (1990 Ethnm)
w/ C[TY OF FORT COLLINS MODIFICATIONS (REV 42000)
purposes required by paragraph 626 The numbers
of each Sample to be submitted will be as specified in
the Specifications
&25 Submittal Procedures
6 25 1 Before submitting each Shop Drawing or
Sample CONTRACTOR shall have detennmed and
verified
62511 all field measurements, quantities,
dimensions, specified performance criteria
installation requirements, materials, catalog
numbers and similar mfonnatim with respect
thereto
62512 all materials with respect to intended
use fabrication shipping handling storage
assembly and installation pertaining to the
performance of the Work, and
62513 all information relative to
CONTRACTORS sole responsibilities in respect
of means, methods, techniques sequences and
procedures of construction and safety precautions
and programs incident thereto
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents
6 25 2 Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTORS obligations under the Contract
Documents with respect to CONTRACTORS review
and approval of that submittal
0 25 3 At the tune of each submission
CONTRACTOR shall give ENGINEER specific
written notice of such variations if any that the Shop
Drawing or Sample submitted may have £roan the
requirements of the Contract Documents such notice
to be in a written communication separate from the
submittal and in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation
626 ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2 9 ENGINEERS
review and approval will be only to determine of the items
covered by the submittals will, after installation or
Incorporation in the Work conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents ENGINEERS review and approval will not
extend to means, methods techniques sequences or
procedures of construction (except where a particular
means, method technique sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval
CONTRACTOR shall direct speck attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals
627 ENGINEERS review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEERS attention to each such
variation at the time of submission as required by
paragaph 6 25 3 and ENGINEER has given written
approval of each Such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6 25 1
628 Where a Shop Dmwirng or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 29 any related Work performed
prior to ENGINEERS review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Conhnumg the Work
629 CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements except as permitted by paragraph 15 5 or as
OWNER and CONTRACTOR may otherwise agree in
writing
6.30 CONTRACTOR s Genera( Wamanry and
Guarantee
6301 CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEERS Consultants
that all Work will be in accordance with the Contract
Documents and will not be rkfectrve
CONTRACTORS warranty and guarantee hereunder
excludes defects or damage caused by
63011 abuse modification or Improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Supphers or
6301 2 normal wear and tear under normal
usage
6 30 2 CONTRACTORS obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute None of the following
will constitute an acceptance of Work that is not in
EICDC GENERAL CONDITIONS 1910-8 (1990 E(hmm)
wi CITv OF FORT COLLINS MODIFICATIONS (REV 42000)
accordance with the Contract Documents or a release
of CONTRACTORS obligation to perform the Work
in accordance with the Contract Documents
6 30 2 1 observations by ENGINEER
63022 recommendation of any progress or
final payment by ENGINEER
63023 the Issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents
63024 use or occupancy of the Work or any
part thereof by OWNER
63025 any acceptance by OWNER or any
failure to do so
63026 any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 1413
63027 any inspection, test or approval by
others or
63028 anv correction of defective Wok Ey
OWNER
Indemnifrenhon
631 To the fullest extent permitted by Laws and
Regulations CONTRACTOR shall Indemnify and hold
harmless OWNER, ENGINEER, ENGINEERS
Consultants and the officers, directors employees agents
and other consultants of each and any of them from and
against all clams, costs, losses and damages (including
but not limited to all fees and charges of engineers,
architects, attomeys and other professionals and all court
or arbitration or other dispute resolution costs) caused by
ansuig out of or resulting from the performance of the
Work provided that any such claim cost, loss or damage
(i) is attributable to bodily injury sickness disease or
death, or to injury to or destruction of tangible property
(other than the Work itself) including the loss of use
resulting therefrom and (u) is caused in whole or in part
by anv negligent act or omission of CONTRACTOR, any
Subcontractor any Supplier any person or organimhon
directly or Indirectly employed by any of them to perform
or furnish any of the Wok or anyone for whose acts any
of them may be liable regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability its imposed
upon such mdemmfied party by Laws and Regulations
regardless of the negligence of any such person or entity
632 In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor any Supplier any
person or organization directly or indirectly employed by
17
any of them to perform or fanush any of the Work or
anyone for whose acts any of than may be liable the
indemnification obligation under pamgraph631 shall not
be limited in any way by any limitation on the amount or
type of damages compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor Supplier or
other person or organization under workers compensation
acts disability benefit acts or other employee benefit acts
633 The indemnification obligations of
CONTRACTOR under paragraph 6 31 shall not extend to
the liability of ENGINEER and ENGINEER s Consultants
officers, directors, employees or agents caused by the
professional negligence errors or omissions of any of them
Siwvival of Obligations
634 All representations indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continumg
obligations indicated in the Contract Documents, will
survive fmral payment, completion and acceptance of the
Work and termination or completion of the Agreement
ARTICLE 7 OTHER WORK
Related Work at Site
71 OWNER may perform other work related to the
Project at the site by OWNERS own forces, or let other
direct contracts therefor which shall contain Ueneral
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 clam therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof
72 CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNERS employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting fitting and patching of the Work that
may be required to make Its several Farts come together
properly and integrate with such other work
CONTRACTOR shall not endanger any work of others by
cutting excavating or otherwise altering then work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
1 S EJCDC GENERAL CONDITIONS 1910 a (1990 Ednm)
w/ CITY OF PORT COLLINS MODIFICATIONS (REV 42000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors
73 If the proper execution or results of any part of
CONTRACTORs Work depends upon work performed
by others under this Article 7 CONTRACTOR shall
Inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTORS
Work CONTRACTORS failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTORS Work
except for latent or nonipparent defects and deficiencies
in such other work
Coorditanon
74 If OWNER contracts with others for the
performance of other work on the Project at the site the
following will be set forth in Supplementary Conditions
7 4 1 the person firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified
742 the specific matters to be covered by such
authority and responsibility will be itemized and
743 the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8- OWNER
8 1 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER
82 In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agawsf
whose status under the Contract Documents shall be that
of the former ENGINEER
83 OWNER shall famish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14 4 and 14 13
84 OWNERs duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points we set forth in paragraphs 4 1
and 44 Paragraph 42 refers to OWNERS identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents
85 QA44HRs res^^-^*�.e Fespoet ofpureh_.._..
86 OWNER is obligated to execute Change Orders as
indicated in paragraph 10 4
87 OWNERs responsibility in respect of certain
inspection& tests and approvals is set forth in
Paragraph 13 4
8 8 In connection with OWNERs right to stop Work or
suspend Work we paragraphs 13 10 and 151
Paragraph 152 deals with OWNERS right to terminate
services of CONTRACTOR under certaincircumstances
89 The OWNER shall not supervise direct or have
control or authority over nor be responsible for
CONTRACTORS means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs mcident thereto or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work
OWNER will not be responsible for CONTRACTORS
failure to perform or fumuh the Work in accordance with
the Contract Documents
ARTICLE 9—ENGINEER S STATUS DURING
OWNER s Representative
91 ENGINEER will be OWNERS representative
during the construction period The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNERS representative during
constriction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Cats to Site
92 ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910.8 (1990 E�dDiucm��)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
that has been made and the quality of the vanous aspects
of CONTRACTORS executed Work Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determme in general if the Work is proceeding in
accordance with the Contract Documents ENGINEER
will not be regmred to make exhaustive or continuous on
site inspecttons to check the quality or quantity of the
Work ENGINEERS efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents On the basis of such visits and on
site observations ENGINEER will keep OWNER
mforimed of the progress of the Work and will endeavor to
guard OWNER against defective Work ENGINEERs
visits and on site observations are subject to all the
limitations on ENGINEERS authority and responsibility
set forth in paragraph 9 13 and particularly but without
limitation, during or as a result of ENGINEERS on site
visits or observations of CONTRACTORS Work
ENGINEER will not supervise direct control or have
authority over or be responsible for CONTRACTORS
means, methods techniques sequences o procedures of
construction, or the safety precautions and programs
incident thereto or for any fadure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work
Pro/eat Representative
93 If OWNER and ENGINEER agree ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs93 and 913 and in the Supplementary
Gonditiegs of these General Conditions If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEERS Consultant,
agent or employee the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Swplastaitary Gondate paragraph 93
931 The Representatives deahngs in matters
Pertaunne to the on site work will in General, be with
the ENGINEER and CONTRACTOR But the
Representative will keen the OWNER rtmrl
advised about such matters The Representatives
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR
932 Duties and Responsibilities Representative
will
9321 Schedules Review the progress
19
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER comcrnmg acceptability
9 3 2 2 Conferences and Meetmv Attmd
meetmg with the CONTRACTOR such as
preconstruction conferences. progress meeting
and other job conferences and prepare and
circulate copies of mmutes of meetings
9 3 2 3 Liaison
93231 Serve m ENGINEERS liaison
with CONTRACTOR, working principally
through CONTRACTORS superintendent to
assist the CONTRACTOR m understandme
the Contract Documents
93232 Assist m obmaune from OWNER
additional details or mformation when
regwred for Proper execution of the Work
93233 Advise the ENGINEER and
CONTRACTOR of the commencement of
aw Work reWwtng a Shop Dmwmg or
sample submission if the submission has not
been approved by the ENGINEER
9 3 2 4 Review of Work. Rejection of Defectn e
Work. Inspections and Tests
9 3 2 4 1 (.onduct on site observations of
the Work m progress to assist the ENGINEER
m determimng that the Work is praceedmg in
accordance with the Contract Documents
93243 Accompany visiting mspectors
represent public or other agencies havme
lunsdiction over the Proiec[ record the results
of these m%Nctiom and report to the
ENGINEER
9325 Interpretation of Contract
Documents Report to ENGINEER when
clarifications and interpretations of the Contmct
Documents are needed and transmit to
CONTRACTOR clarification and merpretation
of the CPrrtmct Documents m issued by the
ENGINEER
9326 Modifications Consider and
evaluate CONTRACTORS suggestions for
20 EJCDC GENERAL CONDITIONS 19108(um Edlnm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000)
modification in Dmwmgs or Specifications and
report these recommendations to ENGINEER
Am mtely transmit to CONTRACTOR
decisions issued by the ENGINEER
9 3 2 7 Records
9 3 2 8 Reports
9 3 2 8 1 Funash ENGINEER periodic
reports m required of the progress of the
Work and of the CONTRACTORS
compliance with the progress schedule and
schedule of shop Dmwmti and sample
submittals
93282 Consult with ENGINEER m
advance of scheduhng major tests.
mspectiom or start of important phases of the
Work
93283 Dmft proposed Change Orders
and Work Directive Changes, obtammg
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders Work Directive Chanties and field
orders
93284 Report immediately to
ENGINEER and OWNER the mcwTmo of
any accident
9321 Payment Requests Review applications
for payment with CONTRACTOR for compliance
vnth the established Procedure for dwu
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the Payment requested to the schedule of values,
work completed and materials and equipment
delivered at the site but not incorporated in the
Work
9 3 2 10 Completion
932101 Before ENGINEER issues a
Certificate of Substantial Completion submit
to CONTRACTOR a list of obse veil items
requirria correction or completion
932102 Conduct final inspection in the
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed
932103 Observe that all itemsgu the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance
93 3 Lunitation of Authority The Representative shall
not
9331 Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment unless authorized by the
ENGINEER
9332 Exceed limitations of ENGINEERS
authonty as set forth in the Contract Documents
9 3 3 3 Undertake any of the responsibilities
of the CONTRACTOR Subcontractors or
CONTRACTOR S superintendent
9 3 3 4 Advise on or issue directions relative
to. or assume control over any aspect of the
means methods techniques sequences or
procedures for construction unless such is
specifically called form the Contract Documents
9 3 3 3 Advise on or issue directions
reeardina or assume control over safety
precautions and nromams in connections with the
Worl.
9 3 3 6 Accept Shop Drawmas or same
submittals from anvone other than the
CONTRACTOR
9337 Authorize OWNER to occupy the
Work in whole or in part
9 3 3 8 Participate in specialized field or
Laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
Clarifications and Interpretations
94 ENGINEER will issue with reasonable promptness
such wntten clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 ENam)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000)
requirements of the Contract Documents (m the form of
Drawings or otherwise) as ENGINEER may detennme
necessary which shall be consistent with the intent of and
reasonably inferable from the Contract Documents Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clanfication or
interpretation justifies an adjustment in the Contract Price
or the Contract Tunes and the parties are unable to agree
to the amount or extent thereof if any OWNER or
CONTRACTOR may make a written clan therefor as
provided in Article 11 or Article 12
Aathm7zed I striation in Work
95 ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
funcuonmg whole as indicated by the Contract
Documents These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof OWNER or
CONTRACTOR may make a written clan therefor as
provided in Article 11 or 12
Rejecting Defective Work
96 ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13 9 whether or not the
Work is fabricated, installed or completed
Shop Drawings Change Orders and Payments
97 In connection with ENGINEERS authority as to
Shop Drawings and Samples see paragraphs 6 24 through
6 28 mclusive
98 In connection with ENGINEERS authority as to
Change Orders, we Articles 10 11 and 12
99 In connection with ENGINEERs authority as to
Application for Payment see Article 14
Determinations for Umt Pnees
910 ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR ENGINEER will review with
CONTRACTOR the ENGINEERS preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise) ENGINEERs written decision
thereon will be fmal and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such deasion, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
mtention to appeal from ENGIlVEER s decLswn and (1) an
appeal from ENGINEER s decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC A Dispute Resolution Agreement entered
into between OWNER and CONTRACTOR pursuant to
Article 16 or (11) if no such Dispute Resolution Agreement
has been entered into a formal proceeding is instituted by
the appealing party in a to= of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEERS decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9 11
Deetstons on Disputes
911 ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles l l and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph
Written notice of each such claim dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto and written supporting data will
be submitted to ENGINEER and the other party within
sixtv days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional a more accurate data in support
of such clam dispute or other matter The opposing parry
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimants last
submittal (unless ENGINEER allows additional time)
ENGINEER will render a formal decision in writing within
flinty 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 Ls taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, Dispute
Resolution Agreement entered into between OWNER and
CONTRACTOR pursuant to Article 16 or (it) if no such
Dispute Resolution Agreement has been entered into a
written notice of intention to appeal from ENGINEERS
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such dectsion and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
EICDC GENERAL CONDITIONS 1910 a (1990 Edmm)
22 .1 aTY OF FORT COLLINS MODIFICATIONS (REV 42000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
912 When functioning as interpreter and judge under
paragraphs 910 and 911 ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity The rendering of
a decision by ENGINEER pursuant to paragraphs 9 10 or
911 with respect to any such clam dispute or other
matter (except any which have been waived by the making
or acceptance of fmnal payment as provided in
paragraph 14 15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim dispute or other matter pwsuentto Article16
913 Lnndations an ENGINEER s Authonty and
ReTanslbihttes
9 13 1 Neither ENGINEERs authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor any Supplier
any other person or organvatron, 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 a be responsible for
CONTRACTORS means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto or for any
tailure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work ENGINEER will not be
responsible for CONTRACTORS 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 Suppher or of any other person or
organuittion performing or furnishing any of the
Work
9 13 4 ENGINEER s review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 1412 will only be to
determine generally that their content complies with
the requirements of and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with the Contract
Documents
9 13 5 The limitations upon authority and
responsibility set forth in this paragniph 9 13 shall also
apply to ENGINEERS Consultants, Resident Project
Representative and assistants
ARTICLE 10—CHANGES IN THE WORK
101 Without invalidating the Agreement and without
notice to any surety OWNER may at arry time or from
time to time, order additions deletions a revisions in the
Work Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order or a
Work Change Directive Upon receipt of any such
document CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided)
102 If OWNER and CONTRACTOR are unable to
agree as to the extent if any of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive
a claim may be made therefor m provided in Article 11 or
Article 12
103 CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that Is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3 5 and 3 6 except
in the case of an emergency as provided in paragraph 6 23
or in the case of uncovering Work as provided in
paragraph 13 9
104 OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Witten Amendments) covering
1041 changes in the Work which are (I) ordered
by OWNER pursuant to paragraph 10 t (it) required
because of acceptance of defeckre Work under
paragraph 13 13 or correcting defective Work under
paragraph 13 14 or (in) agreed to by the parties
1042 changes in the Contract Price or Contract
Times which me agreed to by the parties and
1043 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11
provided that in lieu of executing any such Change Order
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6 29
105 If nonce of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EICDC GENERAL CONDITIONS 19104 (1990 Edaciml
w/ CITY OF FORT COLLINS MODIFICATIONS mJO/ 40000)
(including but not limited to Contract Price or Contract
Times) its required by the provisions of any Bond to be
given to a surety the giving of any such notice will be
CONTRACTORS responsibility and the amount of each
applicable Bond will be adjusted accordingly
ARTICLE 11—CHANGE OF CONTRACT PRICE
111 The Contract Price constitutes the total
compensation (subject to authonzed adjustments) payable
to CONTRACTOR for performing the Work All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTORS expense
without change in the Contract Price
112 The Contract Price may only be changed by a
Change Order or by a Witten Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the clam to
the other party and to ENGINEER promptly (but in no
event later than thi ty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the clam Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimants written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 911 of OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved No clam for an adjustment in the Contract
Pnce will be valid if not submitted in accordance with this
paragraph 112
113 The value of any Work covered by a Change
Order or of any clam 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
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
Bads which are not competitive will be returned within seven days after
the Bid opening
7 0 CONTRACT TIME
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment
(the Contract Times) are set forth in the Agreement
Rev 10/20/07 Section 00100 Page 3
paragraphs 119 1 through 119 3 inclusive)
11 32 where the Work involved is not covered by
unit prices contained in the Contract Documents by a
mutually agreed payment basis including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 116 2)
113 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 114 and 11 5)
plus a CONTRACTORS fee for overhead and profit
(determined as provided in paragraph 11 6)
Cost of the Work
114 The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph I 1 S
11 41 Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Wok under schedules of job classifications agreed
upon by OWNER and CONTRACTOR Such
employees shall include without limitation
supenntendents, foremen and other personnel
employed full time at the site Payroll costs for
employees not employed full-time on the Wok shall
be apportioned on the basis of thew time spent on the
Wok Payroll costs shall wslude- but net be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions
unemployment, excise and payroll taxes, workers
compensation, health aid-regretteM benefits,--betwses-
applicable thereto
The expenses of performing Work after regular
working hours, on Saturday Sunday or legal holidays,
shall be included in the above to the extent authorzed
by OWNER
114 2 Cost of all materials and equipment f irmshed
and incorporated in the Work including costs of
transportation and storage thereof and Suppliers field
services requred in connection therewith All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER All trade
chscounts rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained
1143 Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors If required by OWNER,
24 EXEC GENERAL CONDITIONS 191" (1990 Emum)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine with the advice of
ENGINEER, which bids, if any will be accepted If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTORS
Cost of the Work and fee as provided in
paragraphs 114 115 116 and 117 All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable
11 44 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
114 5 Supplemental costs including the following
11451 The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTORS employees incurred in
discharge of duties connected with the Work
11452 Cost including transportation and
maintenance of all materials supplies,
equipment machinery appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Wok, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR
114 � 3 Rentals of all construction
equipment and machinery and the parts thereof
whether rented From CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading unloading
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work
11454 Sales, consumer use a similar taxes
related to the Work and for which
CONTRACTOR is liable imposed by Laws and
Regulations
11455 Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable and royalty payments and
fees for permits and licenses
11456 Losses and damages (and related
expenses) caused by damage to the Work not
compensated by insurance or otherwise sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property Insurance established by OWNER in
accordance with paragraph 5 9) provided they
have resulted from causes other than the
negigence of CONTRACTOR any
Sul contractor or anyone directly or Indirectly
employed by any of them or for whose acts any of
them may be liable Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTORS fee If however any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 116 2
11457 The cost of utilities, fuel and samtary
facilities at the site
11458 Minor expenses such as telegrams
long distance telephone calls, telephone service at
the site expressage and smalar petty cash items in
connechon with the Work
11459 Cost of premiums for additional Bonds
and insurance required because of changes in the
Work
115 The term Cost of the Work shall not include any of
the following
1151 Payroll costs and other compensation of
CONTRACTORS officers, executives, principals (of
partnership and sole proprietorships) general managers,
engineers, architects, estimators, attorneys, auditors,
aceountants, purchasing and contracting agents,
expediters timekeepers clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTORS principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of lob
classifications referral to in paragraph l l 4 1 or
specifically covered by paragraph 114 4—all of which
are to be considered administrative costs covered by the
CONTRACTORsfee
115 2 Expenses of CONTRACTORS principal and
branch offices other than CONTRACTORs office at
the site
115 3 Any part of CONTRACTORs capital
expenses including interest on CONTRACTORS
capital employed for the Work and charges against
CONTRACTOR for delinquent payments
115 4 Cost of premiums for all Bonds and for all
insurance whether a not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph l 1 4 5 9 above)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edama)
W CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
115 5 Costs due to the negligence of
CONTRACTOR, any Subcommotor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable including but
not limited to the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property
115 6 Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 114
116 The CONTRACTORS fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows
116 1 a mutually acceptable fixed fee or
116 2 if a fixed fee is not agreed upon then a fee
based on the following percentages of the vanous
portions of the Cost of the Work
11621 for costs incurred under
paragraphs 114 1 and 1142 the
C,ONTRACTORs fee shall be fifteen percent
11622 for costs Incurred under
paragraph 114 3 the CONTRACTORS fee shall
be five percent
11623 where one or more hers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 114 1 114 2 114 3 and
11 6 2 is that the Subcontractor who actually
performs or furnishes the Work at whatever tier
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
1141 and 1142 and that any hivJia her
Subcontractor and CONTRACTOR wi each be
paid a fee of fwe pemeat of the asneunt paid to
the __ & lower tier _ - er to be negotiated
in'coil fin
with the OWNER but not to exceed
five percent of the amount paid to the next lower
her Subcontractor
11 624 no fee shall be payable on the basis
of costs itemized under paragraphs 1 l 4 4 114 5
and 115
11625 the amount of credit to be allowed
by CONTRACTOR to OWNER for any, change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTORS fee by an amount
equal to five percent of such net decrease and
11626 when both additions and credits are
involved in any one change the adjustment in
CONTRACTORS fee shall be computed on the
basis of the net change in accordance with
paragraphs 11 62 1 through It 6 2 5 inclusive
117 Whenever the cost of any Work is to be
25
determined pursuant to paragraphs 114 and 11 5
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data
Cash AQowances
118 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 thrashed and perforated for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that
1181 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 82 CONTRACTORS costs for unloading and
handling on the site labor installation costs, overhead
profit and other expenses contemplated for the
allowances have been included m the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted
119 Uart Piece Work
11 9 1 Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to mclude for all
Lint Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 910
119 2 Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTORS overhead and profit for
each separately identified item
1193 OWNER or CONTRACTOR may make a
clam for an adjustment in the Contract Price in
accordance with Article 11 if
11931 the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement
26 EFCDC GENERAL CONDITIONS 1910-8 (1990 Emma o
w! CITY OF FORT COUIM MODIFICATIONS (REV 42000)
and
11932 there is no corresponding adjustment
with respect to any other item of Work and
11933 if CONTRACTOR beheves that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
arid the parties are unable to agree as to the
amount of any such increase or decrease
11934 CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNERS sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty five Percent of
the original total Contract Price
ARTICLE 12 CHANGE OF CONTRACT TIMES
121 The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment
Any clamp for an adjustment of the Contract Tunes (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the clamp) and shall be
accompanied by the claimants written statement that the
adjustment claimed is the enure adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 911 if
OWNER and CONTRACTOR cannot otherwrse agree
No claim for an adjustment in the Contract Tines (or
NLlestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12 1
122 All time limits stated to the Contract Documents
are of the essence of the Agreement
123 Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR. the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12 1 Delays beyond the control of
CONTRACTOR shall include but not be limited to acts
or neglect by OWNER acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7 fires, floods, epidemics, abnormal weather
conditions or acts of God Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR
124 Where CONTRACTOR Is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTORS sole
and exclusive remedy for such delay In no event shall
OWNER be liable to CONTRACTOR any Subcontractor
any Supplier any other person or organization, or to any
surety for or employee or agent of any of them for
damages arising out of or resulting from (I) delays caused
by or within the control of the CONTRACTOR, or
(it) delays beyond the control of both parties including, but
not limited to fires, floods epidemics, abnormal weather
conditions, acts of God or acts or neglect by uuliry owners
or other contractors perform ring other work as contemplated
by Article 7
ARTICLE 13 TESTS AND INSPECTIONS
CORRECTION REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
131 Notice of Defects
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR All defective Work may be rejected
corrected or accepted as provided in this Article 13
Access to Work
132 OWNER, ENGINEER, ENGINEERS Consultants
other representatives and personnel of OWNER
Independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reeseneble time for their observation, inspecting and
testing CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTORS site safety procedures and programs so
that they may comply therewith as applicable
Tests andlnspechons
13 3 CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections
tests or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests
134 OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except
1341 for inspections, tests or approvals covered
by paragraph 13 5 below
1342 that costs mcurred in connection with tests
or inspections conducted pursuant to paragraph 13 9
E1CDC GENERAL CONDITIONS 19105 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
below shall be paid as provided in said
paragraph 13 9 and
13 4 3 as otherwise specifically provided in the
Contract Documents
13 5 If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected tested or approved by an employee or
other representative of such public body CONTRACTOR
shall assume full responsibility for arranging and
obtaming such inspections tests or approvals pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection or approval
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspectors, tests car approvals required for OWNERS
and ENGINEERS acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTORS purchase thereof for mcorporation in
the Work
136 If any Work (or the work of others) that is to be
Inspected tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER be
uncovered for observation
137 Uncovenng Work m provided in paragraph 13 6
shall be at CONTRACTORS expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTORS intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice
Uncovering Work
138 If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER be uncovered for ENGINEERS observation
and replaced at CONTRACTORS expense
139 If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEERS request, shall uncover expose or otherwise
make available for observation inspection or testing as
ENGINEER may require that portion of the Work in
question, furnishing all necessary labor material and
equipment If it is found that such Work is defective
CONTRACTOR shall pay all claims, costs losses and
damages caused by arising out of or resulting from such
uncovering, exposure observation, inspection and testing
and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others) and OWNER shall be
entitled to an appropriate decrease in the Contract Price
and if the parties are unable to agree as to the amount
thereof; may make a claim therefor as provided in
Article 11 If however such Work is not found to be
defective CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones) or both, directly attributable to such
27
uncovering, exposure observation, inspection, testing
replacement and reconstruction, and if the parties are
unable to agree as to the amount or extent thereof
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12
OWNER May Stop the Work
13 10 If the Work is defective or CONTRACTOR fads
to supply sufficient skilled workers or suitable materials or
equipment or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents OWNER may order CONTRACTOR to stop
the Work or any portion thereof until the cause for such
order has been eliminated however this right of OWNER
to stop the Work shall not give nse to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party
Correchon or Removal of Defective Work
13 11 If required by ENGINEER, CONTRACTOR shall
promptly as duetted either correct all defective Work
whether or not fabricated installed or completed, or if the
Work has been rejected by ENGINEER, remove it frorn the
site and replace it with Work that is not defective
CONTRACTOR shall pay all clams, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others)
13 12 Correction Penod
13 12 1 If within aria --yea two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents any Work is found to be
defective CONTRACTOR shall promptly without cost
to OWNER and in accordance with OWNERS 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 act defective and (it)
satisfactorily corrector remove and replace any damage
to other Work or the wok of others resulting therefrom
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage
OWNER may have the defective Work corrected or the
rejected Work removed and replaced and all clams,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13 12 2 In special circumstances where a particular
item of equipment is placed in contmuous service
before Substantial Completion of all the Work the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment
13 12 3 Where defective Work (and damage to other
28 EICDC GENERAL CONDITIONS 1910-8(1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Work resulting therefrom) has been corrected
removed or replaced under this paragraph 13 12 the
correction period hereunder with respect to such Work
will be extended for an additional period of am year
two year after such correction or removal and
replacement has been satisfactorily completed
Acceptance of Defective Work
13 13 If instead of requiring correction or removal and
replacement of defective Work OWNER (and prior to
ENGINEERS recommendation of final payment, also
ENGINEER) prefers to accept it OWNER may do so
CONTRACTOR shall pay all clams, costs losses and
damages attributable to OWNERS evaluation of and
determmation to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness) If any
such acceptance occurs prior to ENGINEERS
recommendation of final payment a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Bork and
OWNER shall be entitled to an appropriate decrease in the
Contract Price and, if the parties me unable to agree as to
the amount thereof OWNER may make a clam therefor
as provided in Article 11 If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER
OWNER May Correct Defective Work
1314 If CONTRACTOR falls within a reasonable time
after written nonce from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13 11 or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents OWNER may after seven days written
notice to CONTRACTOR, correct and remedy any such
deficiency In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site take possession of all or part of the Work and
suspend 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, OWNERS
representatives agents and employees OWNERS other
contractors and ENGINEER and ENGINEERS
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
clams, costs losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work and
OWNER shall be entitled to an appropriate decrease in the
Contract Price and if the parties are unable to agree as to
the amount thereof OWNER may make a clam therefor
as provided in Article 11 Such claims, costs losses and
damages will include but not be banned to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTORS defective Work CONTRACTOR shall
not be allowed an extension of the Contract Tames (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of O WNERs
rights and remedies hereunder
ARTICLE l4- PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of values
141 The schedule of values established as provided in
paragraph 2 9 will serve as the basis for progress payments
and will be incorporated into a form of Apphcation for
Payment acceptable to ENGINEER Progress payments on
ucount of Unit Price Work will be based on the number of
units completed
4ppheanon for Progress Payment
142 At least twenty days before the date established for
each progress payment (but not more often than once a
month) CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in wntm& the Application for Payment
shall also be accompanied by a bill of sale invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNERS interest therem, all of which will be
satisfactory to OWNER The amount of retamage with
respect to progress payments will be as stipulated in the
Agreement Am funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship By executing the avohcation for Davin
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24 91 101.
et sea
CONTRACTOR s Warranty of Title
143 CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment whether incorporated in the
Project or not, will pass to OWNER no later than the tune
of payment free and clear of all Liens
Review ofApplicanons for Progress Payment
144 ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in witting a
E1CDC GENERAL CONDITIONS 1910-8 (1990 EMim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER or return the Application to CONTRACTOR
indicating in writing ENGINEERS reasons for refusing to
recommend payment In the latter case CONTRACTOR
may make the necessary corrections and resubmit the
Application Ten days after presentation of the
Application for Payment to OWNER with ENGINEERS
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14 7)
become due and when due will be paid by OWNER to
CONTRACTOR
145 ENGINEERS recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER based on
ENGINEERS on site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEERS review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEERS knowledge information and belief
14 5 1 the Work has progressed to the point
indicated
14 5 2 the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to a upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9 10 and to any other qualifications stated
in the recommendation) and
14 5 3 the conditions precedent to
CONTRACTORS being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER s responsibility to observe the Work
However by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that (n) exhaustive or continuous on site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (u) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
146 ENGINEERS recommendation of any payment,
including final payment, shall not mean that ENGINEER
its responsible for CONTRACTORS means methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs mordent thereto or
for any failure of CONTRACTOR to compply with Laws
and Regulations applicable to the fiunishing or
pertortnance of Work or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents
147 ENGINEER may refuse to recommend the whole
or any part of any payment if in ENGINEERS opuuon, it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14 5 ENGINEER may
also refuse to recommend any such payment, or because of
subsequently discovered evidence or the results of
subsequent Inspections or tests nullify any such payment
previously recommended to such extent as may be
necessary in ENGINEERS opinion to protect OWNER
from loss because
1471 the Work is defectrve or completed Work has
been damaged requirmg correction or replacement,
1472 the Contract Rice has been reduced by
Written Amendment or Change Order
1473 OWNER has been required to correct
defective Wok or complete Work in accordance with
paragraph 13 14 or
1474 ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15 2 1 through 15 2 4 inclusive
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because
1475 Uauns have been made against OWNER on
account of CONTRACTOR s performance or turrushnng
of the Wok,
1476 Liens have been filed in connection with the
Wok except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens
1477 there are other items entitling OWNER to a set
off against the amount recommended, or
1478 OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14 7 1 through 14 7 3 or paragraphs 15 2 1
through 15 2 4 inclusive
but OWNER most give CONTRACTOR anmediate
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 OWNERS Satisfaction the
reasons for such action
Substantial Completion
148 When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall not
tfy
OWNER and ENGINEER in writing that the entire Workk
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion
Within a reasonable time thereafter OWNER
CONTRACTOR and ENGINEER shall make an mspection
of the Work to determine the status of completion If
ENGINEER does not consider the Wok substantially
complete ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor If ENGINEER
30 EICDC GENERAL CONDITIONS 1910 a (1990 ENnnm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
considers the Work substantially complete ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final ayment OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list If after
considering such objections, ENGINEER concludes that
the Work is not substantially complete ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing
stating the reasons therefor If after consideration of
OWNERS objections, ENGINEER considers the Work
substantially complete ENGINEER will within Said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitNe certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security
operation, safety maintenance heat, utilities, insurance
and warranties and guarantees Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEERS issuing the
definitive certificate of Substantial Completion,
ENGINEERS afinesard recommendation will be binding
on OWNER and CONTRACTOR until final payment
149 OWNER shall have the right to exclude
CONTRACTOR from the Wok after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Parlial Utilization
1410 Use by OWNER at OWNERS option of any
substantially completed part of the Work, which (I) has
specifically been identified in the Contract Documents or
(u)OWNER ENGINEER and CONTRACTOR agree
constitutes a Separately functioning and usable part of the
Wok that can be used by OWNER for its intended
purpose without sngmficant interference with
CONTRACTORS performance of the remainder of the
Work may be accompplished prim to Substantial
Completion of all the W ork subject to the following
14101 OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete If CONTRACTOR agrees that such Fart of
the Work is substantially complete CONTRACTOR
will catity to OWNER and ENGINEER that such
part of the Wok is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
sue a certificate of Substantial Completion for that
part of the Work Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion If
ENGINEER does not consider that pan of the Work to
be substantially complete ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor If ENGINEER considers that part of
the Work to be substantially complete the provisions
of paragraphs 14 8 and 14 9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto
14 10 2 No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5 15 in respect of
property insurance
Final Inspection
1411 Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies
Final Application for Payment
1412 After CONTRACTOR has completed all such
correcuons to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating mstrucuons, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5 4 certificates of
inspection, marked up record documents (as provided in
paragraph 619) and other documens, CONTRACTOR
may make application for final payment following the
procedure for progress payments The final Application for
payment shall be accompanied (except as previously
delivered) by (i)all documentation called for in the
Contract Documents including but not limited to the
evidence of assurance required by subparagraph 5 4 13
(u) consent of the surety if any to final payment and
(tin) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work In lieu of such releases or
waivers of Liens and as approved by OWNER
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that (1) the releases and
receipts include all labor services, material and equipment
for which a Lien could be filed, and (u) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNERS
property might many way be responsible have beenpaid or
otherwise satisfied If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edi1.)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
to furnish such a release or receipt in full
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases or waivers of hens and the consent of
the surety to finalize oavment are to be submitted on
forms conforming to the format of the OWNER S standard
forms bound in the Project manual
Final Payment andAcceptance
14 13 If on the basis of ENGINEERS observation of
the Work during construction and final mspection and
ENGINEER s review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTORS other
obligations under the Contract Documents have been
fulfilled ENGINEER will within ten days after receipt of
the final Application for payment, indicate in writing
ENGINEERs recommendation of payment and present
the Application to OWNER for payment At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 1415 Otherwise
ENGINEER will return the Application to
CONTRACTOR indicating in writing the reasons for
refusing to recommend final payment in wluch case
CONTRACTOR shall make the necessary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEERS recommendation and notice of
acceptability the amount recommended by ENGINEER
will became due and will be paid by OWNER to
CONTRACTOR subject to paragraph 1762 of these
General Conditions
1414 It; through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall upon receipt of
CONTRACTORS 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 retamage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5 1 the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims
Waver of Claims
1415 The making and acceptance of final payment will
constitute
14 15 1 a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from efectve Work appearing after
31
final inspection pursuant to paragraph 14 11 from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therem, or
from 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 May Suspend Work
151 At any time and without cause OWNER may
suspend the Work or any portion thereof for a penod of not
more than mnety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed CONTRACTOR shall
resume the Work on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Tunes, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved clam[ therefor as provided in
Articles 11 and 12
OWNER May Term stale
152 Upon the occurrence of any one or more of the
following events
1521 if CONTRACTOR persistently fads to perform
the Work in accordance with the Contract Documents
(including, but not limited to failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph29 as adjusted from time to time
pursuant to paragraph 6 6)
15 2 2 if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction,
15 2 3 if CONTRACTOR disregards the authority of
ENGINEER, or
15 2 4 if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents
OWNER may after giving CONTRACTOR (and the
surety if any) seven days written notice and to the extent
permitted by Laws and Regulations terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTORS tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without lability to CONTRACTOR for trespass or
conversion) moorporate in the Work all materials and
egmpment stored at the site or for which OWNER has paid
E1CDC GENERAL CONDITIONS 1910 3 (1990 Eibtlm)
32 W C1 rY OF FORT COLLINS MODIFICATIONS (REV 4R000)
CONTRACTOR but which are stored elsewhere and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Pnce 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 claim% costs, losses and
damages exceed such unpaid balance CONTRACTOR
shall pay the difference to OWNER Such claims costs,
losses and damages incurred by OWNER w ill be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Charge 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 perform ed
153 Where CONTRACTORS services have been so
tenninated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability
154 Upon seven days written notice to
CONTRACTOR and ENGINEER OWNER may
without cause and without prejudice to any other right or
remedy of OWNER, elect to tentmate the Agreement In
such case CONTRACTOR shall be paid (without
duplication of any items)
15 4 1 for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work
15 4 2 for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor matenals or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses
15 4 3 for all clans, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others, and
15 4 4 for reasonable expenses directly attributable
to termination
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
ansmg out of or resulting from such termination
CONTRACTOR May Stop Work or Terminate
155 I[ throughno act or fault of CONTRACTOR, the
Work is suspended for a period of more than rarely days
by OWNER or under an order of court or other public
authority or ENGDMER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due then CONTRACTOR
may upon seven days written nonce to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15 4
In lieu of terminating the Agreement and without prejudice
to any other right or remedy if ENGINEER has faded to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due
CONTRACTOR may upon seven days written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR including interest
thereon The provisions of this paragraph 155 are not
upended to preclude CONTRACTOR from making clam
under Articles I and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
duectly attributable to CONTRACTORS stoppmg Work as
permitted by this paragraph
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement such dispute resolution method and procedure
if any shall be as set forth in Exhibit GC t'S Dispute
Resolution Agreement to be attached hereto and made a
part hereof If no such agreement on the method and
procedure for resolving such disputes has been reached
and subject to the provisions of paragraphs 9 10 9 11 and
912 OWNER and CONTRACTOR may exercise such
rights or remedies m either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute
ARTICLE 17—MISCELLANEOUS
Giving Notice
171 Whenever any provision of the Contract
Documents requires the giving of written notice it will be
deemed to have been validly given if delivered in person to
the mdividual or to a member of the font or m anofficer of
the corporation for whom it its 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
172 Computation of Tune
17 2 1 When any period of tune is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable junsdiction, such day will
be omitted from the computation
EICDC GENERAL CONDITIONS 1910-8 (1990 Erhnm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17 2 2 A calendar day of twenty four hours measured
from midnight to the next midnight will constitute a
day
Nonce of Clam
17 3 Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable clams will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage The provisions of
this paragraph 17 3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose Cumulative Remedies
174 The dunes and obligations apposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto and, in particular but
without limitation the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 612 616 630 631 632 131 1312 1314
14 3 and 15 2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder are in addition
to and are not to be construed in any way as a Imutation
of any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty obligation, right and remedy to which
they apply
Professional Fees and Court Costs Included
175 Whenever reference is made to clans, costs
losses and damages it shall include in each case but not
be limited to all fees and charges of engmeers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs
176 The laws of the State of Colorado apply to this
Aereement Reference to two pertu_ent Colorado statutes
are as follows
1762 If a clam is filed OWNER is rmuffed by
law (CRS 38 26 107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials team hire
sustenance Provisions provender, or other supplies
used or consumed by CONTRACTOR or hu
33