HomeMy WebLinkAboutBID - 6104 NORTHSIDE AZTLAN COMMUNITY CENTER HANDBALL COURTFinancial Services
Purchasing Division
215 N Mason St 2n° Floor
PO Box 580
Fort Collins CO 80522
970 221 6775
970 221 6707
fcgov corn/purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Northside Atzlan Community Center Handball Court Masonry
BID NO 6104
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
June 2, 2008 — 3 00 P M (OUR CLOCK)
where renewal is a way of life
7 0 CONTRACT TIME
The number of days within which, or the date by which the Work is
to be substantially complete and also completed and ready for Final
Payment (the Contract Times) are set forth in the Agreement
8 0 LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in the Agreement
9 0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded will be on the basis of material and
equipment described on the Drawings or specified in the
Specifications without consideration of possible substitute or "or
equal" items Whenever it is indicated on the Drawings or
specified in the Specifications that a substitute or or equal"
item of material or equipment may be furnished or used by
CONTRACTOR if acceptable to Engineer application for such
acceptance will not be considered by Engineer until after the
effective date of the Agreement" The procedure for submittal of
any such application by CONTRACTOR and consideration by Engineer is
set forth in the General Conditions which may be supplemented in
the General Requirements
10 0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10 1 Each Bidder shall submit at the Bid opening to OWNER a list
of principal subcontractors he proposes to use in the Work Refer
to Section 00430 contained within these Documents
10 2 If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the
Notice of Award is given request the apparent successful Bidder to
submit an acceptable substitute without an increase in Bid price
If the apparent successful Bidder declines to make any
substitution, OWNER may award the 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
Rev 10/20/07 Section 00100 Page 4
34 EICDCOENERAL CONDITIONS 1910S(19%E&t[ )
W CI TY OF FORT COLLINS MODIFICATIONS(R 4h000)
(Thus page left blank mtenuonally )
E1CDC GENERA. CONDITIONS 19104 (1990 Edt an) 3�
wlGM OF FORT COLLINS MODIFICATIONS (REV 4i 000)
36 ESCDCOENERAL CONDITIONS 1910-8(1990 Fhhm)
W CITY OF FORT COLLINS MODIFICATIONS l EV J2000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTIOIN 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 wising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been wan ed by the
making or acceptance of final payment as provided by
paragraph 14 Ls) 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 1 his
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
prosnded in this Article to will be specifically enforceable
under the pren ailing law of anv court having jurisdmtion
16 o No demand for arbitration of any claim dispute
or other matter that is required to be referred to
ENGINEER venally 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 of a written decision has not been
rendered by ENGINEER before that date No demand for
arbitration of an) such claim dispute or other matter will
be made later than flurry days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9 11 and the failure
to demand arbitration within said thuty days period will
n,sult in ENGINEERS decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings hat a been
initiated, such decision maybe 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 mtentnon to appeal as provided
in pamgrrph 9 10
l6 3 Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the Amcncan Arbitration Association and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the dmrty-dav or ten-day
period specified in paragraph 16 2 as applicable and in all
other cases within a reasonable time after the claim dispute
or other matter In question has ansen and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such clavn dispute
or other matter in question would be barred by the
applicable statute of limitations
EICDC GENERAL CONDITIONS 191 bS 11990 EAtiaal
W CI FA OF FORT COLT INS MODIFICATIONS (REV 9199)
164 Except as provided in paragraph 16 S below
no arbitration arming out of or relating to the Contract
Documents shall include by consolidation joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEERS Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless
16 4 1 the inclusion of such other per Son or entity is
necessary if complete relief is to be afforded unong
those who are already parties to the arbitration and
16 4 2 such other person or entity is substantially
involved in a question of law or fact which Is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
1643 the written consent of the other person or
entity sought to be included and of OWNFR and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to thus
paragraph but no such corsem shall constitute consent
to arbitration of any dispute not specifically described
in such consent a to arbitration with any parry not
specifically Identified in such consent
16s Notwithstanding paragraph 164 if a claim
dispute or other matter in question between OWNER and
CONTRACTOR involves the Mork 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 provtsion whereby the Subcontractor conscnts to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Lk ork of such
Subcontractor Nothing in this paragraph 16 5 nor in the
provision of such Subcontract consenting to joinder shall
create any davit right or cause of action in favor of
Subcontractor and against OIANER, ENGINEER or
ENGINEERS 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
16 7 OWNER and CONTRACTOR agree that they
shall rust submit any and all unsettled clauns,
counterclaims, disputes and oth r matters in question
between them arming out of or relating to the Contract
Documents or the breach thereof ( disputes ) to mediannn
by the American Arbitration Association under the
Wnstruction Industry Mediation Rules of the American
Arbitration Association prior to either of them vitiating
against the other a demand for arbitration pursuant to
paragraphs 16 1 through 16 6 unless delay in vutnahng
arbitration would revocably prejudice one of the parties
The respective thirty and ten day time limns within which
to file a demand for arbitration as provided in paragraphs
16 2 and lit 3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time lunris and shall remain suspended until ten
days after the termination of the mediation The mediator
of arm dispute submitted to mediation order this lgreernem
shall not serve as arbitrator of such dispute unless otherwise
agreed
CC At
FICDC GENERAL CONDITIONS 1910 8 (1990 Ed[ m)
w CITY OF FORT COI LINS MODIFICATIONS REV 9/941
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
NA
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 6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL)
5 4 9 This 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 Five (5) days lost due to
abnormal weather conditions
Rev 10/20/07 Section 00800 Page 2
SECTION 00900
ADDENDA MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
Rev 10/20/07
SECTION 00950
CHANGE ORDER NO
PROJECT TITLE
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 a OF THIS CHANGE ORDER
TOTAL C 0 % 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
11 0 BID FORM
11 1 A copy of the Bid Form is bound in the Contract Documents
which may be retained by the Bidder A separate unbound copy is
enclosed for submission with the Bid
11 2 Bid Forms must be complete in ink or typed All lump sum
prices on the form must be stated in words and numerals, in case of
conflict words will take precedence Unit prices shall govern
over extensions of sums
11 3 Bids by corporations must be executed in the corporate name
by the president or a vice-president (or other appropriate officer
accompanied by evidence of authority to sign) and the corporate
seal shall be affixed and attested by the secretary or an assistant
secretary The corporate address and state of incorporation shall
be shown below the corporate name
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 point 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
Rev 10/20/07 Section 00100 Page 5
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Rev 10/20/07 Section 00960 Page 1
TABLE OF CONTENTS
TECHNICAL SPECIFICATIONS
DIVISION 1 GENERAL REOUIREMENTS
Schedule of Drawings
Section 01000
Project Summary
Section 01100
Summary of Work
Section 01160
Site Conditions
Section 01290
Measurement and Payment
Section 01300
Coordination and Project Meetings
Section 01310
Construction Schedules
Section 01330
Shop Drawings Product Data and Samples
Section 01340
Survey Data
Section 01450
Quality Control and Testing
Section 01500
Temporary Controls
Section 01510
Temporary Utilities
Section 01570
Traffic Control
Section 01600
Material and Equipment
Section 01700
Contract Close Out
Section 01800
Definition of Bid Items
DIVISION 3 CONCRETE
Section 03310
DIVISION 4 MASONRY
Section 04100
Section 04220
DIVISION 9 FINISHES
Section 09900
City of Fort Collins
Park Planning and Development
Cementitious Coating
Mortar and Masonry Grout
Concrete Unit Masonry
Painting
Table of Contents
Page I of 1
31\V/6I111I:f
SECTION 01000 —PROJECT SUMMARY
PART 1 GENERAL
101 Scope
A This section contains general requirements that are applicable to this project
102 Description of Work
A The Contractor shall provide all labor materials and equipment necessary to perform the work items
called for on the bid schedule
103 City Furnished Materials
A None
104 Conditions of Work
A Area of Work The Contractor shall confine his operations to the immediate work area Material storage
shall be confined to areas shown on the Drawings or designated by the City
B Regulations The Contractor shall comply with all applicable Federal State and local regulations
pertaining to safety traffic control fire prevention erosion control and environmental protection
C Working Hours The Contractors working hours shall be between 7 00 a in and 5 00 In in with no work
on weekends or Federal holidays unless otherwise approved by the City
D Matenal Storage The Contractor s material and equipment storage site shall be limited to the area of the
project site The area shall be kept orderly and free of litter
105 Project Cleanup
A The Contractor is responsible to maintain the construction site in a clean and orderly condition from the
start of the project to completion Daily cleanups are required
I The City may require Contractor to perform cleanup within 100 feet of the progress of the work and
perform cleanup of the site daily prior to work stoppage
B Store volatile wastes in covered containers and dispose off site
1 Provide on site covered containers for the collection of waste materials debris and rubbish
2 Neatly store construction materials such as concrete forms when not in use
C Wastes shall not be buried or burned on the site or disposed of into storm drams sanitary sewers streams
or waterways
D At project completion the Contractor shall remove all equipment materials and debris from the site
including toilets and dumpsters Areas around work sites shall be cleaned with dirt and grass surfaces
raked clean of any slag from the Contractors operations Broom clean extenor paved surfaces
Remaining dirt and fill material shall be removed or may be scattered with the approval of the City
106 Trash Removal
A All non salvageable items and trash shall be hauled off the site and disposed of in accordance with
applicable state and local regulations Items shall be transported in tarp covered or closed vehicles Any
materials dropped or blown off vehicles shall be picked up immediately by Contractor
City of Fort Collins SECTION 01000 — PROJECT SUMMARY
Park Planning & Development Division Pagel of 4
107 Venfication of Dimensions
A The Contractor shall be responsible for the coordination and proper relation of the work He shall field
verify all dimensions and advise the City of any discrepancies prior to proceeding with that phase of the
work
108 Fire Hydrants
A Fire Hydrant Connections City s permission is required for connection to fire hydrants Only compatible
adapters shall be utilized for hydrant connections Agate valve shall be provided and installed by the
Contractor between the hydrant and supply hoses to control flow Connection shall include backflow
protection Temporary connections to fire hydrants shall he disconnected at the end of each working day
No quick closing valves such as plug or butterfly valves will he used
109 Outages
A Utility outages necessitated by the work shall be requested in writing at least fifteen (15) working days
prior to the proposed outage The request shall be directed to the City and shall stipulate the specific
utility system(s) and circuits to be affected the location of the work the time at which the shutdown will
occur and the duration of the outage for each system Outages shall be kept to a minimum both in
number and in duration Where multiple outages are required as many outages as can be accurately
scheduled shall he submitted as a group
1 10 Fill Material
A Excess fill material including rock gravel sod broken concrete or asphalt plaster etc shall be hauled
off the site and disposed of in accordance with applicable State and local regulations
B Additional fill material if required shall be hauled to the site from off the site as a necessary part of the
work Material composition shall be subject to the requirements of the specifications
111 Parking
A Parking of the Contractors vehicles shall be restricted to an area designated by the City
112 Telephone
A Business Telephone At the beginning of construction the Contractor shall provide the City with a
telephone number at which the Contractor or his representative may be contacted at any time during
regular working hours The Contractor shall also provide a phone number for after duty hours contact
1 13 Sanitary Provisions
A The Contractor shall provide temporary toilets for the use of construction personnel Location type
proposed maintenance etc shall be approved by the City prior to placing toilets Temporary toilets shall
be removed at the completion of construction and the adjacent area restored to the condition existing
prior to the start of construction or as indicated on the plans
1 14 Pollution Abatement
A Transporting materials to or from the site shall be accomplished in a manner preventing materials or
particles from becoming airborne Earth materials shall be covered wetted or otherwise protected
Gravel sand and concrete shall be contained within vehicles to prevent spillage
B Prevent the deposit of dirt mud or debris on improved streets and roads and remove all should such
deposition occur
C Burning of any material on site is prohibited
D Stream beds lakes drainage ways sanitary and storm sewers etc shall not be polluted by fuels oils
bitumen acids or other harmful materials Surface drainage from the construction site which contains
harmful amounts of sediment shall not be allowed to dram onto adjacent areas All grading shall be
accomplished to allow sedimentation to settle out prior to flowing onto adjacent areas
City of Fort Collins SECTION 01000 - PROJECT SUMMARY
Park Planning & Development Division Page 2 of 4
E Flushing of concrete trucks is allowed only at the project site or the designated contractor storage area
with the responsibility of control and cleanup resting with the Contractor
F Toxic corrosive and flammable materials for construction other than specified shall not be used without
prior approval of the City of Fort Collins When approved disposal of these materials or their containers
will be off site and conform to state and federal regulations
1 15 Protection of Property
A Initiate maintain and supervise necessary protection to prevent damage injury or loss to
The Work and materials and equipment to be incorporated in the project whether in storage on or
off the site and
2 Property at the site or adjacent thereto including fences patios driveways sidewalks pavement
trees shrubs lawns walks structures utilities and underground facilities not designated for
removal relocation or replacement in the course of construction
B Maintain protect and support existing utilities and other appurtenances against damage by shoring
bracing or other means
C Do not stockpile excavated material against existing appurtenances
116 Survey Requirements
A Contractor shall be responsible for construction staking necessary for proper and accurate completion of
the work covered by this contract The Contractor shall provide experienced instrument personnel
competent assistants and such instruments tools stakes and other materials required to complete the
survey layout and measurement Work Survey work shall be performed under the direction of a
licensed professional surveyor in the State of Colorado In addition Contractor shall furnish without
charge competent personnel and such tools stakes and other materials as Engineer may require in
checking survey layout and measurement Work performed by the Contractor
B All work shall be performed to the Imes grades and elevations shown on the Drawings When
construction falls within the following tolerances the installation will be acceptable to the Owner with
respect to the lines and grades If the tolerances are not met the Contractor shall be responsible for
performing modifications to the facilities to bring the protect components into the tolerances
Description
Horizontal location of structures &
playground features
Horizontal location of paved areas &
underground installations
Horizontal location of grading &
surface features (i a berms swales etc )
Vertical elevation of structures &
playground features
Vertical elevation of paved areas
Vertical elevation of underground installations
Vertical elevation of grading &
surface features (i a berms swales etc )
City of Fort Collins
Park Planning & Development Division
Maximum Permissible Deviation from
Alignment and Elevation shown on the
Drawings
0 05 feet
0 10 feet
0 50 feet
0 05 feet
0 05 feet
0 05 feet
0 10 feet
SECTION 01000 — PROJECT SUMMARY
Page 3 of 4
13 0 SUBMISSION OF BIDS
13 1 Bids shall be submitted at the time and place indicated in
the Invitation to Bid and shall be enclosed in an opaque sealed
envelope marked with the Project title, Bid No and name and
address of the Bidder and accompanied by the Bid Security, Bid
Form, Bid Bond, Statement of Bidders Qualifications, and Schedule
of Subcontractors as required in Section 00430 If the Bid is sent
through the mail or other delivery system, the sealed envelope
shall be enclosed in a separate envelope with the notation BID
ENCLOSED" on the face of it
13 2 Bids shall be deposited at the designated location prior to
the time and date for receipt of Bids indicated in the Invitation
to Bid or any extension thereof made by addendum Bids received
after the time and date for receipt of Bids will be returned
unopened Bidder shall assume full responsibility for timely
delivery at the location designated for receipt of Bids
13 3 Oral telephonic, telegraphic or facsimile Bids are invalid
and will not receive consideration
13 4 No Bidder may submit more than one Bid Multiple Bids under
different names will not be accepted from one firm or association
14 0 MODIFICATION AND WITHDRAWAL OF BIDS
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 (i£ any) will
be made available after the opening of Bids
16 0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE
Rev 10/20/07 Section 00100 Page 6
C Contractor shall remove and reconstruct Work that is improperly located Horizontal and vertical
alignments shall be checked regularly as the Work progresses Contractor shall report results to the
Engineer
D If the construction survey uncovers any discrepancies the Contractor shall notify the Engineer in
writing prior to construction proceeding If the Contractor proceeds with work that includes apparent
discrepancies without resolution by the Engineer he assumes full responsibility for any subsequent
necessary modifications
117 Construction Superintendent
A The construction superintendent shall be at the job site any time work is being accomplished by any of
the trades per General Conditions including but not limited to Article 6
PART 2 MATERIALS (Not Applicable)
PART 3 EXECUTION (Not Applicable)
PART 4 MEASUREMENT & PAYMENT (Not Applicable)
END OF SECTION
City of Fort Collins SECTION 01000 — PROJECT SUMMARY
Park Planning & Development Division Page 4 of 4
11�1 E•�P7: it
SECTION 01100 SUMMARY OF WORK
PART GENERAL
101 Description of Work
A The contract documents provide for construction of masonry work expanded metal ceiling and CMU
block painting for two concrete three wall handball courts
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
102 Notices to Private Owners and Authorities
A Notify private owners of adjacent property utilities affected governmental agencies and school
district when execution of the work may affect them
B Give notification 48 hours in advance to enable affected persons to provide for their needs when it is
necessary to temporarily deny access or services
C Contact utilities at least 48 hours prior to excavating near underground utilities
D Contact all agencies at least 72 hours prior to start of construction Notify all agencies of the proposed
scope of work schedule and any items that would affect their daily operation
E Names and telephone numbers of affected agencies and utilities in the area are listed below for
Contractors convenience
Water City of Fort Collins Colorado 221 6681
Storm Sewer City of Fort Collins Colorado 221 6605
Sanitary Sewer City of Fort Collins Colorado 221 6681
Electrical City of Fort Collins Colorado 482 5922 221 8553
Gas Public Service Company of Colorado 482 5922 221 8553
Telephone U S West Communications 484 0300 226 6310
Roads City of Ft Collins Colorado 221 6815
Cable Television — AT&T Cable Services 493 7400
Utility Locates One call System 1 800 922 1987
Safety Occupational Safety and Health Administration (OSHA) 844 3061
Fire Poudre Fire Authority Non Emergency 221 6581/ Emergency 911
Police City of Fort Collins Police Department Non Emergency 221 6550 / Emergency 911
Latimer County Sheriffs Department Non Emergency 221 7177
Postmaster United States Postal Service 482 2837
Ambulance Poudre Valley Hospital Non Emergency 484 1227 / Emergency 911
Public Transportation TransFort 221 6620
Traffic Control Traffic Engineering 221 6815
City of Fort Collins SECTION 01100 — SUMMARY OF WORK
Park Planning & Development Division Page 1 of 2
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01100 — SUMMARY OF WORK
Park Planning & Development Division Page 2 of 2
DIVISION 1
SECTION 01160 — SITE CONDITIONS
PART 1 SITE INVESTIGATIONS AND REPRESENTATION
101 General Investigations
A The Contractor acknowledges that he has satisfied himself as to the nature and location of the work the
general and local conditions particularly those bearing upon access to the site handling storage and
disposal of materials availability of water electricity and roads uncertainties of weather or similar
physical conditions at the site the conformation and conditions of the ground the equipment and
facilities needed preliminary to and during the execution of the work and all other matters which can
in any way affect the work or the cost thereof under this Contract
102 Sod Conditions
A The Contractor further acknowledges that he has satisfied himself as to the character quality and
quantity of surface and subsurface materials to be encountered from his inspection of the site and from
reviewing any available records of exploratory work furnished by the Owner or included in these
Documents Failure by the Contractor to acquaint himself with the physical conditions of the site and
all the available information will not relieve him from responsibility for properly estimating the
difficulty or cost of successfully performing the work
103 Contractor Representation
A The Contractor warrants that as a result of his examination and investigation of all the aforesaid data
that he can perform the work in a good and workmanlike manner and to the satisfaction of the Owner
The Owner assumes no responsibility for any representations made by any of its officers or agents
during or prior to the execution of this Contract unless (1) such representations are expressly stated in
the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the
Owner
PART 2 INFORMATION ON SITE CONDITIONS
2 01 General
Any information obtained by the Engineer regarding site conditions subsurface information
groundwater elevations existing construction of site facilities and similar data will be available for
inspection as applicable at the office of the Engineer upon request Such information is offered as
supplementary information only Neither the Engineer nor the Owner assumes any responsibility for
the completeness or interpretation of such supplementary information
A Differing Subsurface Conditions
1 In the event that the subsurface or latent physical conditions are found materially different from
those indicated in these Documents and differing materially from those ordinarily encountered and
generally recognized as inherent in the character of work covered in these Contract Documents
the Contractor shall promptly and before such conditions are disturbed notify the Owner in
writing of such changed conditions
The Engineer will investigate such conditions promptly and following this investigation the
Contractor shall proceed with the work unless otherwise instructed by the Engineer If the
Engineer finds that such conditions do so materially differ and cause an increase or decrease in the
cost of or in the time required for performing the work the Engineer will recommend to the Owner
the amount of adjustment in cost and time he considers reasonable The Owner will make the final
decision on all Change Orders to the Contract regarding any adjustment in cost or time for
completion
City of Fort Collins SECTION 01160 - SITE CONDITIONS
Park Planning & Development Division Page 1 of 3
B Underground Utilities
1 Known utilities and structures adjacent to or encountered in the work are shown on the Drawings
The locations shown are taken from existing records and the best information available from
existing utility plans however it is expected that there may be some discrepancies and omissions
in the locations and quantities of utilities and structures shown Those shown are for the
convenience of the Contractor only and no responsibility is assumed by either the Owner or the
Engineer for their accuracy or completeness
PART 3 CONTRACTORS RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE
3 01 General
A Where the Contractors operations could cause damage or inconvenience to railway telegraph
telephone television oil gas electricity water sewer or irrigation systems the operations shall be
suspended until all arrangements necessary for the protection of these utilities and services have been
made by the Contractor
B Notify all utility offices which are affected by the construction operation at least 48 hours in advance
Under no circumstances expose any utility without first obtaining permission from the appropriate
agency Once permission has been granted locate expose and provide temporary support for all
existing underground utilities
C The Contractor shall protect all utility poles from damage If interference of power poles telephone
poles guy wires or anchors are encountered notify the Owner s Representative and the appropriate
utility company at least 48 hours in advance of construction operations to permit the necessary
arrangements for protection or relocation of the interfering structure
D The Contractor shall be solely and directly responsible to the Owner and operators of such properties
for any damage injury expense loss inconvenience delay suits actions or claims of any character
brought because of any injuries or damage which may result from the construction operations under
this Contract
E Neither the Owner nor its officers or agents shall be responsible to the Contractor for damages as a
result of the Contractors failure to protect utilities encountered in the work
F If the Contractor while performing the Contract discovers utility facilities not identified in the
Drawings or Specifications he shall immediately notify the Owners and the utility in writing
G In the event of interruption to domestic water sewer storm dram or other utility services as a result of
accidental breakage due to construction operations promptly notify the proper authority Cooperate
with said authority in the restoration of service as promptly as possible and bear all costs of repair In
no case shall interruption of any water or utility service be allowed to exist outside working hours
unless prior approval is granted
H The Contractor shall replace at his own expense any and all other existing utilities or structures
removed or damaged during construction unless otherwise provided for in these Contract Documents
or ordered by the Engineer
3 02 Interfering Structures
A Take necessary precautions to prevent damage to existing structures whether on the surface
aboveground or underground An attempt has been made to show major structures on the Drawings
The completeness and accuracy cannot be guaranteed and it is presented simply as a guide to avoid
known possible difficulties
3 03 Field Relocation
A During the progress of construction it is expected that minor relocations of the work will be necessary
Such relocations shall be made only by direction of the Owner s Representative If existing structures
are encountered that prevent the construction and that are not properly shown on the Drawings notify
the Owner s Representative before continuing with the construction in order that the Owner s
Representative may make such field revision as necessary to avoid conflict with the existing structures
City of Fort Collins SECTION 01160 - SITE CONDITIONS
Park Planning S Development Division Page 2 of 3
If the Contractor shall fad to so notify the Owner s Representative when an existing structure is
encountered and shall proceed with the construction despite the interference he shall do so at his own
risk
304 Easements
A Easements and permits will be obtained by the Owner where portions of the work are located on public
or private property Easements will provide for the use of the property for construction purposes to the
extent indicated on the easements Copies of these easements and permits are available upon request to
the Owner It shall be the Contractors responsibility to determine the adequacy of the easement
obtained in every case and to abide by all requirements and provisions of the easement The Contractor
shall confine his construction operations to within the easement limits or make special arrangements
with the property owners or appropriate public agency for the additional area required Any damage to
property either inside or outside the limits of the easements provided by the Owner shall be the
responsibility of the Contractor as specified herein The Contractor shall remove protect and replace
all fences or other items encountered on public or private property Before final payment will be
authorized by the Owner s Representative the Contractor will be required to furnish the Owner with
written releases from property owners or public agencies where side agreements or special easements
have been made by the Contractor or where the Contractors operations for any reason have not been
kept within the construction right of way obtained by the Owner
B It is anticipated that the required easements and permits will be obtained before construction is started
However should the procurement of any easement or permit be delayed the Contractor shall schedule
and perform the work around these areas until such a time as the easement or permit has been secured
3 05 Land Monuments
A The Contractor shall notify the Owner s Representative of any existing Federal State Town County
and private land monuments encountered Private monuments shall be preserved or replaced by a
licensed surveyor at the Contractors expense When Government monuments are encountered the
Contractor shall notify the Owner s Representative at least two (2) weeks in advance of the proposed
construction in order that the Owner s Representative will have ample opportunity to notify the proper
authority and reference these monuments for later replacement
END OF SECTION
City of Fort Collins SECTION 01160 — SITE CONDITIONS
Park Planning & Development Division Page 3 of 3
1111V/19Eel ItI
SECTION 01290 MEASUREMENT AND PAYMENT
PART 1 GENERAL
101 Description
A This section covers the methods employed in determining the payment due for work completed under
this contract
B The bid price should cover all work required by this contract based upon the quantities outlined in the
bid form
C Where actual quantities differ from those outlined in the bid form unit prices as stipulated in the bid
form shall be utilized to compute payment
D Where unit prices are not set forth on specific work that work shall be considered a subsidiary
obligation of the Contractor
E Quantities given in the bid form are estimates for the purpose of evaluating bids consequently some
difference may arise in actual and bid quantities
102 Lump Sum Prices
A Where lump sum (LS) prices are given for an item in the bid schedule or for items added during
construction by change order the price will include all materials labor overhead and any other cost
incurred to complete the construction of the item in accordance with the plans and specifications
B All unit prices for each item shall include its pro rata share of profits taxes and overhead and are for
the items installed in place maintained and guaranteed Including these factors unit prices must
accurately reflect actual costs Unit prices are to be valid for the life of the contract
PART 2 PRODUCTS (Not Used)
PART 3 EXECUTION (Not Used)
END OF SECTION
City of Fort Collins SECTION 01290 - MEASUREMENT AND PAYMENT
Park Planning & Development Division Page 1 of 1
DIVISION 1
SECTION 01300—COORDINATION AND PROJECT MEETINGS
PART GENERAL
101 General
A In order to provide for an orderly progression of work all parties involved in the construction will meet
at various times during the project to discuss pertinent items regarding the work
B Coordinate operations under contract in a manner that will facilitate progress of the Work
C Conform to the requirements of public utilities and concerned public agencies in respect to the timing
and manner of performance of operations that affect the service of such utilities agencies or public
safety
102 Conferences
A The pre construction conference will be held at a time to be determined by the Owner after the award
of the contract and prior to the issuance of the Notice to Proceed The meeting will involve the Owner
the Engineer the Contractor and representatives of the owners of utilities and other properties that will
be directly affected by the work Among the Contractor s representative on the site The Contractor
will have a complete construction schedule ready for review at the time of the pre construction
conference
B Hold conferences for coordination of the Work when necessary
C The City may hold coordination conferences to be attended by all involved when Contractors
operations affects or is affected by the work of others
103 Progress Meetings
A Contractor and the City shall schedule and hold regular progress meetings at least weekly and at other
times as requested by the City or required by the progress of the Work
B Attendance shall include
1 Contractor and Superintendent
2 Owners Representative
3 Landscape Architect
4 Others as may be requested by contractor Landscape Architect or Owner
C Minimum Agenda shall include
1 Review of work progress since last meeting
2 Identification and discussion of problems affecting progress
3 Review of any pending change orders
4 Revisions of Construction Schedule as appropriate
104 Job Site Administration
A Contract administration and construction observation services will be provided by the Owner The
Owner will make decisions regarding changes in the work and adjustments in contract quantities and/or
unit prices
END OF SECTION
City of Fort Collins SECTION 01300—COORDINATION AND PROJECT MEETINGS
Park Planning & Development Division Page I of 1
DIVISION 1
SECTION 01310 CONSTRUCTION SCHEDULES
PART 1 GENERAL
101 General
A Prepare detailed schedule of all construction operations and procurements after review of tentative
schedule by parties attending the pre construction conference No work is to begin at the site until
City s acceptance of the Construction Schedule
B For special restrictions on float and time extensions reference is made to the Agreement
C Milestones
l Substantial completion by August 12008
2 The following items shall be indicated on the schedule with completion dates
a Masonry Block Work
b Expanded Metal Ceiling
c Painting
102 Format and Submissions
A Prepare Construction and Procurement schedules in a graphic format suitable for displaying schedule
and actual progress
B Submit two copies of each schedule to owner for review Owner will return one copy to contractor with
revisions suggested or necessary for coordination of the Work with the needs of Owner or others
103 Progress Revisions
A Submit revised schedules and reports when changes are foreseen when requested by City and with
each application for progress payment
B Show changes occurring since previous submission
1 Actual progress of each item to date
2 Revised projections of progress and completion
C Provide a narrative report as needed to define
1 Anticipated problems recommended actions and their effects on the schedule
2 The effect of changes on schedules of other work
104 Citys Responsibility
A City s review is only for the purpose of checking conformity with the Contract Documents and
assisting Contractor in coordinating the Work with the needs of the Project
B It is not to be construed as relieving Contractor from any responsibility to determine the means
methods techniques sequences and procedures of construction as provided in the General Conditions
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01310 — CONSTRUCTION SCHEDULES
Park Planning & Development Division Page 1 of 1
III 19F9Ill] IK
SECTION 01330 — SHOP DRAWINGS PRODUCT DATA AND SAMPLES
PART GENERAL
101 Shop Drawings
A Submit newly prepared information drawn accurately to scale Highlight encircle or otherwise
indicate deviations from the Contract Documents Do not reproduce Contract Documents or copy
standard information as the basis of Shop Drawings Standard information prepared without specific
reference to the Project is not a Shop Drawing
B Shop Drawings include fabrication and installation Drawings setting diagrams schedules patterns
templates and similar Drawings Include the following information
1 Dimensions
2 Identification of products and materials included by sheet and detail number
3 Compliance with specified standards
4 Notation of coordination requirements
5 Notation of dimensions established by field measurement
6 Sheet Size Except for templates patterns and similar full size Drawings submit Shop Drawings
on sheets at least 8 1/2 by 11 inches but no larger than 24 by 36 inches
7 Submittal Submit 3 blue or black line prints and 2 additional prints where required for
maintenance manuals plus the number of prints needed by the Contractor for distribution The
Owner s Representative will retain 2 prints and return the remainder
a One of the prints returned shall be marked up and maintained as a Record Document
8 Do not use Shop Drawings without an appropriate final stamp indicating action taken
102 Product Data
A Collect Product Data into a single submittal for each element of construction or system Product Data
includes printed information such as manufacturers installation instructions catalog cuts standard
color charts roughing in diagrams and templates standard wiring diagrams and performance curves
1 Mark each copy to show applicable choices and options Where printed Product Data includes
information on several products that are not required mark copies to indicate the applicable
information Include the following information
a Manufacturer s printed recommendations
b Compliance with trade association standards
c Compliance with recognized testing agency standards
d Application of testing agency labels and seals
e Notation of dimensions verified by field measurement
f Notation coordination requirements
2 Do not submit Product Data until compliance with requirements of the Contract Documents has
been confirmed
3 Preliminary Submittal Submit a preliminary single copy of Product Data where selection of
options is required
City of Fort Collins SECTION 01330 —SHOP DRAWINGS PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 1 of 3
All Bids shall remain open for forty-five (45) days after the day
of the Bid Opening, but OWNER may, in his sole discretion, release
any Bid and return the Bid Security prior to that date
17 0 AWARD OF CONTRACT
17 1 OWNER reserves the right to reject any and all Bids to
waive any and all informalities not involving price, time or
changes in the Work, to negotiate contract terms with the
Successful Bidder, and the right to disregard all nonconforming
nonresponsive, unbalanced or conditional Bids Also, OWNER reserves
the right to reject the Bid of any Bidder if OWNER believes that it
would not be in the best interest of the Project to make an award
to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER
Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the
correct sum
17 2 In evaluating Bids, OWNER will consider the qualifications
of the Bidders, whether or not the Bids comply with the prescribed
requirements and such alternates, unit prices and other data, as
may be requested in the Bid Form or prior to the Notice of Award
17 3 OWNER may consider the qualification and experience of
Subcontractors Suppliers, and other persons and organizations
proposed for those portions of the Work as to which the identity of
Subcontractors Suppliers and other persons and organizations is
submitted as requested by OWNER OWNER also may consider the
operating costs, maintenance requirements, performance data and
guarantees of major items of materials 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
Rev 10/20/07 Section 00100 Page 7
Submittals Submit 2 copies of each required submittal submit 4 copies where required for
maintenance manuals plus additional copies as needed by the Contractor for distribution The
Owner will retain one and will return the other marked with action taken and corrections or
modifications required
Distribution Furnish copies of final submittal to installers subcontractors suppliers
manufacturers fabricators and others required for performance of construction activities Show
distribution on transmittal forms
a Do not proceed with installation until a copy of Product Data is in the Installer s possession
b Do not permit use of unmarked copies of Product Data in connection with construction
103 Samples
A Submit full size full fabricated Samples cured and finished as specified and physically identical with
the material or product proposed Samples include partial sections of manufactured or fabricated
components cuts or containers of materials color range sets and swatches showing color texture and
pattern
1 Mount or display Samples in the manner to facilitate review of qualities indicated Include the
following
a Specification Section number and reference
b Generic description of the Sample
c Sample source
d Product name or name of the manufacturer
e Compliance with recognized standards
f Availability and delivery time
2 Submit Samples for review of size kind color pattern and texture Submit Samples for a final
check of these characteristics with other elements and a comparison of these characteristics
between the final submittal and the actual component as delivered and installed
a Where variation in color pattern or other characteristic is inherent in the material or product
represented submit at least 3 multiple units that show approximate limits of the variations
b Refer to other Specification Sections for requirements for Samples that illustrate
workmanship fabrication techniques details of assembly connections operation and similar
construction characteristics
c Refer to other Sections for Samples to be returned to the Contractor for incorporation in the
Work Such Samples must be undamaged at time of use On the transmittal indicated special
requests regarding disposition of Sample submittals
d Samples not incorporated into the Work or otherwise designated as the Owner s property are
the property of the Contractor and shall be removed from the site prior to Substantial
Completion
3 Preliminary Submittals Submit a full set of choices where Samples are submitted for selection of
color pattern texture or similar characteristics from a range of standard choices The Owner will
review and return preliminary submittals with the Owner s notation indicating selection and other
action
4 Submittals Except for Samples illustrating assembly details workmanship fabrication
techniques connections operation and similar characteristics submit 3 sets The Owner will
return one set marked with the action taken
5 Maintain sets of Samples as returned at the Project Site for quality comparisons throughout the
course of construction
City of Fort Collins SECTION 01330 —SHOP DRAWINGS PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 2 of 3
a Unless noncompliance with Contract Document provisions is observed the submittal may
serve as the final submittal
b Sample sets may be used to obtain final acceptance of the construction associated with each
set
Distribution of Samples Prepare and distribute additional sets to subcontractors manufacturers
fabricators suppliers installers and others as required for performance of the Work Show distribution
on transmittal forms
104 Quality Assurance Submittals
A Submit quality control submittals including design data certifications manufacturer s instructions
manufacturer s field reports and other quality control submittals as required under other Sections of
the Specifications
B Certifications Where other Sections of the Specifications require certification that a product material
or installation complies with specified requirements submit a notarized certification from the
manufacturer certifying compliance with specified requirements
l Signature an officer of the manufacturer or other authorized individual shall sign Certification
documents
C Inspection and Test Reports Requirements for submittal of inspection and test reports from
independent testing agencies are specified in Division 1 Section Quality Control and Testing and in
the applicable technical specifications
PART 2 PRODUCTS (Not Applicable)
PART 3 EXECUTION (Not Applicable)
END OF SECTION
City of Fort Collins SECTION 01330 — SHOP DRAWINGS PRODUCT DATA AND SAMPLES
Park Planning & Development Division Page 3 of 3
DIVISION 1
SECTION 01340 SURVEY DATA
PART GENERAL
101 Survey Requirements
A Contractor is responsible for the layout of the Work The City will not provide surveying
B Base all measurements both horizontal and vertical on established control points Verify all
established control points at site prior to laying out the work
C Perform layout of the Work with qualified personnel
I At a minimum stake restroom foundation comers shelter post locations and playground
header/curb
2 At a minimum stake concrete sidewalks, concrete pavement and concrete headers at grade
changes changes in horizontal alignment and at 25 foot stations along the sidewalk centerline
D All field books notes and other data developed by Contractor in performing surveys required by the
Work will be available to City for examination throughout the construction period
102 Submittals
A Submit to City all survey data with other documentation required for final acceptance
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01340 — SURVEY DATA
Park Planning 6 Development Division Page 1 of 1
DIVISION 1
SECTION 01450 QUALITY CONTROL AND TESTING
PART GENERAL
101 General
A Provide such equipment and facilities as the City may require for conducting field tests and for
collecting and forwarding samples Do not use any materials or equipment represented by samples until
tests if required have been made and the materials or equipment are found to be acceptable Any
product that becomes unfit for use after approval hereof shall not be incorporated into the work
B All materials or equipment proposed to be used may be tested at any time during their preparation or
use Furnish the required samples without charge and give sufficient notice of the placing of orders to
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 sizes etc is required
such information is included under the applicable sections of the Specifications Any modification of
or elaboration on these test procedures which may be included for specific materials under their
respective sections in the Specifications shall take precedence over these procedures
102 Test Reports
A Submit 2 copies of the reports of all tests made by testing laboratories plus copies to be returned to the
contractor
103 City Responsibilities
A City of Fort Collins shall be responsible for and shall pay all costs in connection with the following
testing
1 Sods compaction tests
2 Trench backfill
3 Pipe and structural bedding
4 Tests not called for by the Specifications of materials delivered to the site
5 Concrete mortar and grout tests
104 Contractor's Responsibilities
A In addition to those inspections and tests called for in the General Conditions Contractor shall also be
responsible for and shall pay all costs in connection with testing required for the following
1 All performance and field testing specifically called for by the specifications
2 All re testing for Work or materials found defective or unsatisfactory including tests covered
under 103 above
3 Testing of pipe
4 Vacuum testing of manholes
5 Concrete materials and mix designs
6 Gradation tests for embedment fill and backfill materials
City of Fort Collins SECTION 01450 - QUALITY CONTROL AND TESTING
Park Planning & Development Division Page 1 of 2
7 litigation mainline pressure test and operational test
8 Material Substitution any test for basic material or fabrication of equipment offered as a
substitution for a specified item on which a test may be required in order to prove it compliant with
the specifications
Nothing contained herein is intended to imply that the Contractor does not have the right to have
tests performed on any material at any time for his/her own information and job control so long as
the Owner does not assume responsibility for the cost or for giving them consideration when
appraising quality materials
105 Transmittal of Test Reports
A Submit 2 copies of each report of tests and engineering data furnished by the Contractor for City
Representative s review The Owner s Representative will retain one and will return the other marked
with action taken and corrections or modifications required
B The testing laboratory retained by the Owner will famish three (3) copies of a written report of each
test performed by laboratory personnel in the field or laboratory Two (2) copies of each test report
will be transmitted to the City Representative and one (1) copy to the Contractor within seven (7) days
after each test is completed
106 Contractor's Quality Control System
A General The Contractor shall establish a quality control system to perform sufficient inspection and
tests of all items of work including that of his subcontractors to ensure conformance to the functional
performance of this project This control shall be established for all construction except where the
Contract Documents provide for specific compliance tests by testing laboratories or engineers
employed by the City Contractors control system shall specifically include all testing required by the
various sections of the Specifications
B Contractors quality control system is the means by which he assures himself that his construction
complies with the requirements of the Contract Documents Controls shall be adequate to cover all
construction operations and should be keyed to the proposed construction schedule
C Records maintain correct records on an appropriate form for all inspections and tests performed
instructions received from the City and actions taken as a result of those instructions These records
shall include evidence that the required inspections or tests have been performed (including type and
number of inspections or test nature of defects causes for rejection etc ) proposed or directed
remedial action and corrective action taken Document inspections and tests as required by each
section of the Specifications Provide copies to City in a reasonable time
D Pipe alignment and grade is to be maintained through the use of suitable surveying instruments or laser
equipment operated continuously during construction Horizontal tolerances of+ 0 3 feet and vertical
tolerances of + 0 1 feet maximum deviation from plan and construction staking are to be maintained
except that visible snaking of the horizontal alignment and changes in directions of slope will not be
permitted
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01450 — QUALITY CONTROL AND TESTING
Park Planning & Development Division Page 2 of 2
DIVISION 1
SECTION 01500 TEMPORARY CONTROLS
101 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
102 Dust Control
A Dusty materials in piles or in transit shall be covered to prevent blowing
B Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be
kept moist with water or by application of a chemical dust suppressant
1 Chemical dust suppressant shall not be injurious to existing or future vegetation
103 Pollution Control
A Prevent the pollution of drams and watercourses by sanitary wastes concrete sediment debris and
other substances resulting from construction activities
1 Retain all spent oils hydraulic fluids and other petroleum fluids in containers for disposal off the
site
2 Prevent sediment debris or other substances from entering sanitary sewers storm drams and
culverts
104 Erosion Control
A Take such measures as are necessary to prevent erosion of soil that might result from construction
activities
1 Measures in general will include
a Control of runoff
b Trapping of sediment
c Minimizing area and duration of soil exposure
d Temporary materials such as hay bales sandbags plastic sheets riprap or culverts to prevent
the erosion of banks and beds of watercourses or drainage swales where runoff will be
increased due to construction activities
B Preserve natural vegetation to the greatest extent possible
C Locate temporary storage and route construction traffic so as to preserve vegetation and minimize
erosion
D Comply with the City of Fort Collins Storm Drainage Erosion Control Manual
END OF SECTION
City of Fort Collins SECTION 01500 — TEMPORARY CONTROLS
Park Planning & Development Division Page 1 of 1
DIVISION 1
SECTION 01510 TEMPORARY UTILITIES
PART GENERAL
101 Utilities
A Furnish all utilities necessary for construction including but not limited to temporary electric power
and pay all cost associated with utilities during and used for the contract period All temporary utilities
installation shall meet the construction safety requirements of OSHA State and local governing
agencies
102 Water
A Contractor is responsible for obtaining water for construction and shall pay all costs associated with
establishing a temporary meter used during construction
103 Sanitary Facilities
A Furnish temporary sanitary facilities at the site in the vicinity of the construction for the needs of
construction workers and others performing work or furnishing services on the Project
B Properly maintain sanitary facilities of reasonable capacity throughout construction penods
C Enforce the use of such sanitary facilities by all personnel at the site
D Obscure sanitary facilities from public view to the greatest extent practical
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01510 TEMPORARY UTILITIES
Park Planning & Development Division Page 1 of 1
DMSION 1
SECTION 01570 TRAFFIC CONTROL
PART GENERAL
101 General
A Traffic Control necessary to complete the project as depicted in the plans and specifications will be
provided by the Contractor and will not be paid for separately
B The Contractor must submit traffic control plans and coordinate all traffic control with the City s
Traffic Control Coordinator The traffic control plans must be submitted and approved 72 hours prior to
starting construction and before making each modification
C Conformance City of Fort Collins Work Area Traffic Control Handbook Manual of Uniform Traffic
Control Devices (U S Dept of Transportation) or applicable statutory requirements of authority
having jurisdiction
D Limited closures may be permitted for short periods up to three days to allow installation of concrete
pavement Closures must be requested and approved 72 hours prior to anticipated closure
E Limited alternating one way traffic operation may be permitted during the hours from 9 00 A M to
3 30 P M One way traffic operation must be requested and approved 72 hours prior to anticipated
operation
F At all times Contractor must maintain two way traffic with a minimum of one lane of traffic in each
direction Limited closures may be allowed
G The Contractor must coordinate with adjacent residents to provide and maintain them sufficient access
during the duration of the project It will be the Contractors responsibility to coordinate and
communicate with the residents during construction
H Keep traffic areas free of excavated material construction equipment pipe and other materials and
equipment
1 Keep fire hydrants and utility control devices free from obstruction and available for use at all times
1 Conduct operations in a manner to avoid unnecessary interference with public and private roads and
drives
K Provide and maintain temporary approaches or crossings at streets businesses and residences
L Keep roads open and in acceptable condition unless closure or detour has been approved by City s
Traffic Control Coordinator 72 hours prior to closure or detour
M Define a temporary pedestrian access route for children coming from the surrounding neighborhoods
This pedestrian access route shall be located outside of the project limits The pedestrian access route
shall be kept free of excavated material construction equipment pipe and other materials
102 Traffic Control Plan
A Submit a detailed traffic control plan to Traffic Control Coordinator for review and acceptance Plan
must be accepted 72 hours prior to work commencing at the site Maintain the accepted plan
throughout all phases of construction Provide copy to Owner prior to submittal
1 Notify police sheriff ambulance services and fire authorities of traffic control plan and the
schedule of it Distribute copies if requested
103 Flagmen
A Required where necessary to provide for public safety or the regulation of traffic or by jurisdictional
authorities
City of Fort Collins SECTION 01570 TRAFFIC CONTROL
Park Planning & Development Division Page 1 of 2
B Shall be properly equipped and licensed
104 Warning Signs and Lights
A Provide suitable barricades and warning signs for
I Open trenches and other excavations
2 Obstructions such as material piles equipment plied embankment
B Illuminate by means of warning lights all barricades and obstructions from sunset to sunrise
C Protect roads and driveways by effective barricades on which are placed acceptable warning signs
105 Parking
A Provide suitable parking areas for the use of all construction workers and others performing work or
furnishing services in connection with the Project so as to avoid interference with private property
public traffic City s operations or construction activities Such parking shall occur on the project site
or another suitable location approved by the City
106 Roadway Usage between Operations
A At all times when Work is not actually in progress Contractor shall make passable and shall open to
traffic such portions of the Project and temporary roadways or portions thereof as may be agreed upon
between Contractor and City and all authorities having jurisdiction over any properties involved
PART 2 MATERIALS (Not Used)
PART 3 EXECUTION (Not Used)
PART 4 MEASUREMENT & PAYMENT (Not Used)
END OF SECTION
City of Fort Collins SECTION 01570 TRAFFIC CONTROL
Park Planning & Development Division Page 2 of 2
111VAMcorkIM
SECTION 01600 — MATERIALS AND EQUIPMENT
PART GENERAL
101 Related Documents
A Drawings and general provisions of the Contract including General and Supplementary Conditions and
other Division I Specification Sections apply to this Section
102 Summary
A This Section includes administrative and procedural requirements governing the Contractor s selection
of products for use in the Project
103 Definitions
A Definitions used in this Article are not intended to change the meaning of other terms used in the
Contract Documents such as specialties systems structure finishes accessories and
similar terms Such terms are self explanatory and have well recognized meanings in the construction
industry
1 Products are items purchased for incorporation in the Work whether purchased for the Project
or taken from previously purchased stock The tern product includes the terms material
equipment systems and terms of similar intent
2 Materials are products substantially shaped cut worked mixed finished refined or otherwise
fabricated processed or installed to forth a part of the Work
3 Equipment is a product with operational parts whether motorized or manually operated that
requires service connections such as wiring or piping
104 Submittals
A Product List Prepare a list showing products specified in tabular form acceptable to the Owner
Include generic names of products required Include the manufacturer s name and proprietary product
names for each item listed
1 Coordinate product list with the Contractor s Construction Schedule and the Schedule of
Submittals
2 Form Prepare product list with information on each item tabulated under the following column
headings
a Related Specifications Section number
b Generic name used in Contract Documents
c Proprietary name model number and similar designations
d Manufacturer s name and address
e Supplier s name and address
f Installer s name and address
g Projected delivery date or time span of delivery period
3 Initial Submittal Within 30 days of date commencement of the Work submit 3 copies of an initial
product list Provide a written explanation of omissions of data and for known variations from
Contract requirements
4 Complete List Within 60 days after date of commencement of the Work submit 3 copies of the
completed product list Provide a written explanation for omissions of data and for known
variations from Contract requirements
City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 1 of 3
17 6 If the Contract is to be awarded OWNER will give the
Successful Bidder a Notice of Award within forty-five (45) days
after the date of the Bid opening
18 0 CONTRACT SECURITY
The General Conditions and the Supplementary Conditions set forth
OWNER's requirements as to performance and other Bonds When the
Successful Bidder delivers the executed Agreement to the OWNER, it
shall be accompanied by the required Contract Security
19 0 SIGNING OF AGREEMENT
When OWNER gives a Notice of Award to the Successful Bidder it
will be accompanied by the required number of unsigned counterparts
of the Agreement with all other written Contract Documents
attached Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the
Agreement and attached documents to OWNER with the required Bonds
Within ten (10) days thereafter OWNER shall deliver one fully
signed counterpart to CONTRACTOR Each counterpart is to be
accompanied by a complete set of the Drawings with appropriate
identification
20 0 TAXES
OWNER is exempt from Colorado State Sales and Use Taxes on
materials and equipment to be incorporated in the Work Said taxes
shall not be included in the Contract Price Reference is made to
the General and Supplementary Conditions
21 0 RETAINAGE
Provisions concerning retainage are set forth in the Agreement
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
Rev 10/20/07 Section 00100 Page 8
5 Owner s Action The Owner will respond in writing to Contractor within 2 weeks of receipt of the
completed product list No response within this period constitutes no objection to listed
manufacturers or products but does not constitute a waiver of the requirement that products
comply with Contract Documents The Owner s response will include a list of unacceptable
product selections containing a brief explanation of reasons for this action
105 Quality Assurance
A Source Limitations To the fullest extent possible provide products of the same kind from a single
source
B Compatibility of Options When the Contractor is given the option of seeking between 2 or more
products for use on the Project the product selected shall be compatible with products previously
selected even if previously selected products were also options
C Foreign Product Limitations Except under one or more of the following conditions provide domestic
products not foreign products for inclusion in the Work
1 Not available domestic product complies with the Contract Documents
2 Domestic products that comply with the Contract Documents are available only at prices or terms
substantially higher than foreign products that comply with the Contract Documents
106 Product Delivery Storage and Handling
A Delivery store and handle products according to the manufacturer s recommendations using means
and methods that will prevent damage deterioration and loss including theft
l Schedule delivery to minimize long term storage at the site and to prevent overcrowding of
construction spaces
2 Coordinate delivery with installation time to assure minimum holding time for items that are
flammable hazardous easily damaged or sensitive to deterioration theft and other losses
3 Delivery products to the site in an undamaged condition in the manufacturer s original sealed
container or other packaging system complete with labels and instructions for handling storing
unpacking protecting and installing
4 Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure
that products are undamaged and properly protected
5 Store products at the site in a manner that will facilitate inspection and measurement of quantity or
counting of units
6 Store heavy materials away from the Project structure in a manner that will not endanger the
supporting construction
7 Store products subject to damage by the elements above ground under cover in a weather tight
enclosure with ventilation adequate to prevent condensation
PART2 PRODUCTS
2 01 Product Selection
A General Product Requirements Provide products that comply with the Contract Documents that are
undamaged and unless otherwise indicated new at the time of installation
B Product Selection procedures The Contract Documents and governing regulations govern product
selection Procedures governing product selection include the following
1 Proprietary Specification Requirements Where Specifications name only a single product or
manufacturer provide the product indicated No substitutions will be permitted
2 Semiproprietary, Specification Requirements Where Specifications name 2 or more products or
manufacturers or where Specifications specify products or manufacturers by name accompanied
City of Fort Collins SECTION 01600 - MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 2 of 3
by the term or equal or or approved equal provide one of the products listed or comply with
the Contract Document provisions concerning substitutions or obtain approval for use of an
unnamed product
3 Nonproprietary Specification Requirements When Specifications list products or manufacturers
that are available and may be incorporated in the Work but do not restrict the Contractor to use
these products only the Contractor may propose any available product that complies with Contract
requirements Comply with Contract Document provisions concerning substitutions to obtain
approval for use of an unnamed product
4 Descriptive Specification Requirements Where Specifications describe a product or name provide
a product or assembly that provides the characteristics and otherwise complies with Contract
requirements
5 Compliance with Standards Codes and Regulations Where Specifications only require
compliance with an imposed code standard or regulation select a product that complies with the
standards codes or regulations specified
6 Visual Matching Where Specifications require matching an established Sample the Owner s
decision will be final on whether a proposed product matches satisfactorily
7 Visual Selection Where specified product requirements include the phrase as selected from
manufacturer s standard colors patterns textures or a similar phrase select a product and
manufacturer that complies with other specified requirements The Owner will select the color
pattern and texture from the product line selected
PART 3 EXECUTION
3 01 Installation of Products
A Comply with manufacturer s instructions and recommendations for installation of products in the
applications indicated Anchor each product securely in place accurately located and aligned with
other Work
END OF SECTION
City of Fort Collins SECTION 01600 — MATERIALS AND EQUIPMENT
Park Planning & Development Division Page 3 of 3
DIVISION 1
SECTION 01700 —CONTRACT CLOSEOUT
PART 1 —GENERAL
101 Related Documents
A Drawings and general provisions of the Contract including general and supplementary conditions and
other Division 1 specification sections apply to this section
102 Summary
A This Section includes administrative and procedural requirements for contract closeout including but
not limited to the following
1 Inspection procedures
2 Project record document submittal
3 Operation and maintenance manual submittal
4 Submittal of warranties
5 Final cleaning
B Closeout requirements for specific construction activities are included in the appropriate Sections in
Divisions 2 through 16
103 Substantial Completion
A Preliminary Procedures Before requesting inspection for certification of Substantial Completion
complete the following List exceptions in the request
1 In the Application for Payment that coincides with or first follows the date Substantial
Completion is claimed show 100 percent completion for the portion of the Work claimed as
substantially complete
2 Advise the Owner of pending insurance changeover requirements
3 Submit specific warranties workmanship bonds maintenance agreements final certifications and
similar documents
4 Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services
and utilities Include occupancy permits operating certificates and similar releases
5 Submit record drawings maintenance manuals final project photographs damage or settlement
surveys property surveys and similar final record information
6 Deliver tools spare parts extra stock and similar items
7 Make final changeover of permanent locks and transmit keys to the Owner Advise the Owner s
personnel of changeover in security provisions
8 Complete startup testing of systems and instruction of the Owner s operation and maintenance
personnel Discontinue and remove temporary facilities from the site along with mockups
construction tools and similar elements
9 Complete final cleanup requirements including touchup painting
10 Touch up and otherwise repair and restore marred exposed finishes
B Inspection Procedures On receipt of a request for inspection the Owner will either proceed with
inspection or advise the Contractor of unfilled requirements The Owner will prepare the Certificate of
Substantial Completion following inspection or advise the Contractor of construction that must be
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 1 of 5
completed or corrected before the certificate will be issued
1 If the Owner s Representative determines that the work is not substantially complete at the time of
review or that deficiencies remain at time of compliance review the Contractor shall pay for the
additional review(s) by Owner s Representative
2 Results of the completed inspection will form the basis of requirements for final acceptance
104 Status after Substantial Completion
A The date of substantial completion marks the beginning of the maintenance period defined in Section
02970 — Planting Maintenance
B During maintenance period the following conditions hold
1 Insurance Same as during construction
2 Electricity and Irrigation Water Supplied by Owner as installed by Contractor under this contract
3 Bonds Remain in effect
4 Retainage Same as during construction
105 Final Acceptance
A Preliminary Procedures Before requesting final inspection for certification of final acceptance and
final payment complete the following List exceptions in the request
1 Submit the final payment request with releases and supporting documentation not previously
submitted and accepted Include insurance certificates for products and completed operations
where required
2 Submit an updated final statement accounting for final additional changes to the Contract Sum
3 Submit a certified couv of the Owner s final inspection list of items to be completed or corrected
endorsed and dated by the Owner The certified copy of the list shall state that each item has been
completed or otherwise resolved for acceptance and shall be endorsed and dated by the Owner
4 Submit final meter readings for utilities a measured record of stored fuel and similar data as of the
date of Substantial Completion or when the Owner took possession of and assumed responsibility
for corresponding elements of the Work
5 Submit consent of surety to final payment
6 Submit a final liquidated damages settlement statement
7 Submit evidence of final continuing insurance coverage complying with insurance requirements
B Reinspection Procedure The Owner will reinspect the Work upon receipt of notice that the Work
including inspection list items from earlier inspections has been completed except for items whose
completion is delayed under circumstances acceptable to the Owner
I Upon completion of remspection the Owner will prepare a certificate of final acceptance If the
Work is incomplete the Owner will advise the Contractor of Work that is incomplete or of
obligations that have not been fulfilled but are required for final acceptance
2 If necessary reinspecnon will be repeated
106 Record Document Submittals
A General Do not use record documents for construction purposes Protect record documents from
deterioration and loss in a secure fire resistant location Provide access to record documents for the
Owner s reference during normal working hours
B Record Drawings Maintain a clean undamaged set of blue or black line white prints of Contract
Drawings and Shop Drawings Mark the set to show the actual installation where the installation varies
City of Fort Collins SECTION 01700 - CONTRACT CLOSEOUT
Park Planning & Development Division Page 2 of 5
substantially from the Work as originally shown Mark which drawing is most capable of showing
conditions fully and accurately Where Shop Drawings are used record a cross reference at the
corresponding location on the Contract Drawings Give particular attention to concealed elements that
would be difficult to measure and record at a later date
1 Mark record sets with red erasable pencil Use other colors to distinguish between variations in
separate categoneN of the Work
2 Mark new information that is important to the Owner but was not shown on Contract Drawings or
Shop Drawings
3 Note related change order numbers where applicable
4 Organize record drawing sheets into manageable sets Bind sets with durable paper cover sheets
print suitable titles dates and other identification on the cover of each set
5 Prior to Contract Closeout obtain from the Owner a reproducible mylar copy of the Drawings
Using technical drafting pen duplicate information contained on the Record Drawings maintained
on site
Label each sheet Record Drawing On the first sheet the Contractor or resident
Superintendent shall execute the following statement
Having reviewed this document and all attachments I affirm that to the best of my knowledge the
information presented here is true and accurate
Signed
Position
Date
C Record Specifications Maintain one complete copy of the Project Manual including addenda Include
with the Project Manual one copy of other written construction documents such as Change Orders and
modifications issued in printed form during construction
I Mark these documents to show substantial variations in actual Work performed in comparison
with the text of the Specifications and modifications
2 Give particular attention to substitutions and selection of options and information on concealed
construction that cannot otherwise be readily discerned later by direct observation
3 Note related record drawing information and Product Data
4 Upon completion of the Work submit record Specifications to the Owner
D Record Product Data Maintain one copy of each Product Data submittal Note related Change Orders
and markup of record drawings and Specifications
1 Mark these documents to show significant variations in actual Work performed in comparison with
information submitted Include variations in products delivered to the site and from the
manufacturer s installation instructions and recommendations
2 Give particular attention to concealed products and portions of the Work that cannot otherwise be
readily discerned later by direct observation
3 Upon completion of markup submit complete set of record Product Data to the Owner
E Miscellaneous Record Submittals Refer to other Specification Sections for requirements of
miscellaneous record keeping and submittals in connection with actual performance of Work
Immediately prior to the date or dates of Substantial Completion complete miscellaneous records and
place in good order Identify miscellaneous records properly and bind or file ready for continued use
and reference Submit to the Owner
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 3 of 5
F Maintenance Manuals Organize operation and maintenance data into suitable sets of manageable size
Bind properly indexed data in individual heavy duty 2 inch (51 mm) 3 ring vinyl covered binders
with pocket folders for folded sheet information Mark appropriate identification on front and spine of
each binder Include the following types of information
Emergency instructions
Spare parts list
Copies of warranties
Wiring diagrams
Recommended `turn around cycles
Inspection procedures
Shop Drawings and Product Data
Fixture tamping schedule
107 Warranties and Bonds
A Provide duplicate notarized copies Maintain copies of all Contractor s submittals and assemble
documents executed by subcontractors suppliers and manufacturers Provide table of contents and
assemble in binder with durable plastic cover
B Submit material prior to final application for payment For items of Work delayed materially beyond
date of substantial completion provide updated submittal within ten days after acceptance listing date
of acceptance as start of warranty period
108 Final Payment
A At the end of maintenance period submit written certification that Contract Documents Work has been
reviewed and that Work is complete in accordance with Contract Documents and ready for Owner
Representative s review
B In addition to submittals required by the conditions of the Contract provide submittals required by
governing authorities and submit a final statement of accounting giving total adjusted Contract Sum
previous payments and sum remaining due
C Owner s Representative will issue a final Change Order reflecting approved adjustments to Contract
Sum not previously made by Change Order
D Retamage will be held until advertisement for liens and encumbrances is completed
PART 2 — PRODUCTS (Not Applicable)
PART 3 — EXECUTION
3 01 Closeout Procedures
A Operation and Maintenance Instructions Arrange for each Installer of equipment that requires regular
maintenance to meet with the Owner s personnel to provide instruction in proper operation and
maintenance Provide instruction by manufacturer s representatives if installers are not experienced in
operation and maintenance procedures Include a detailed review of the following items
1
Maintenance manuals
2
Record documents
3
Spare parts and materials
4
Tools
5
Lubricants
6
Fuels
7
Identification systems
8
Control sequences
9
Hazards
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 4 of 5
10 Cleaning
11 Warranties and bonds
12 Maintenance agreements and similar continuing commitments
B As part of instruction for operating equipment demonstrate the following procedures
Startup
Shutdown
Emergency operations
Noise and vibration adjustments
Safety procedures
Economy and efficiency adjustments
Effective energy utilization
3 02 Final Cleaning
A General The General Conditions require general cleaning during construction Regular site cleaning
is included in Division 1
Cleaning Employ experienced workers or professional cleaners for final cleaning Clean each surface
or unit to the condition expected in a normal commercial building cleaning and maintenance program
Comply with manufacturer s instructions
1 Complete the following cleaning operations before requesting inspection for certification of
Substantial Completion
C Removal of Protection Remove temporary protection and facilities installed for protection of the Work
during construction
1 Remove labels that are not permanent labels
2 Clean transparent materials including mirrors and glass in doors and windows
3 Clean exposed exterior and interior hard surfaced finishes to a dust free condition free of stains
films and similar foreign substances Restore reflective surfaces to their original condition
Leave concrete floors broom clean
4 Wipe surfaces of mechanical and electrical equipment Remove excess lubrication and other
substances Clean plumbing fixtures to a sanitary condition Clean light fixtures and lamps
5 Clean the site including landscape development areas of rubbish litter and other foreign
substances Sweep paved areas broom clean remove stains spills and other foreign deposits
Rake grounds that are neither paved nor planted to a smooth even textured surface
Compliance Comply with regulations of authorities having jurisdiction and safety standards for
cleaning Do not bum waste materials Do not bury debris or excess materials on the Owners
property Do not discharge volatile harmful or dangerous materials into drainage systems Remove
waste materials from the site and dispose of lawfully
l Where extra materials of value remain after completion of associated Work they become the
Owner s property Dispose of these materials as directed by the Owner
END OF SECTION
City of Fort Collins SECTION 01700 — CONTRACT CLOSEOUT
Park Planning & Development Division Page 5 of 5
SECTION 03310
CEMENTITIOUS COATING
PART 1 GENERAL
1 01 WORK INCLUDED
A Apply cementitious smoothing and resurfacing coating for vertical surfaces where specified and/or
indicated on the Drawings
B Related work specified elsewhere
1 Section 04220 Concrete Unit Masonry
2 Section 09900 Painting
1 02 QUALITY ASSURANCE
Reference Standards Except as modified or supplemented in these Specifications, structural
concrete shall meet the requirements of the following standards Refer to the standards for
detailed requirements
1 ASTM C109, Test Method for Compressive Strength of Hydraulic Cement Mortars Using 2
Cube Specimens
2 ASTM C157 Test Method for Length Change of Hardened Hydraulic Cement Mortar and
Concrete
3 ASTM C266, Rate of Set with Gilmore Needle
4 ASTM C882 Standard Test Method for Bond Strength of Epoxy Resin Systems Used With
Concrete by Slant Shear
5 Applicable provisions of the codes as adopted by any jurisdiction with authority over this
Project
All concrete work which does not conform to specified requirements including strength tolerances
and finishes shall be corrected or removed and replaced as directed by the Architect/Engineer at
the Contractors expense The Contractor shall also be responsible for the cost of corrections to
any other work affected by or resulting from correction to concrete work and for any additional
testing of work in place which may be required
103 SUBMITTALS
A Product Data Submit manufacturers product data with application and installation instructions for
proprietary materials and items including reinforcement and forming accessories admixtures
patching compounds joint systems color additives and concrete stains sealers hardener and
finishing compounds
1 04 TESTING
A Inspection and testing of concrete mix will be performed by an independent testing agent approved
by the Architect Testing fees shall be paid as specified in the General and Supplementary
Conditions
B Provide free access to work and cooperate with the appointed firm
C Submit proposed concrete mix design to the inspection and testing firm for review prior to
commencement of work
D Field Quality Control Testing Perform sampling and testing for field quality control during the
placement of concrete as follows
1 Compression Test Specimens ASTM C109 one (1) set of four (4) standard cylinders for
each compressive strength test unless otherwise directed
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NACC Handball Court 0743 02
2 Cast and store cylinders for laboratory cured test specimens and field cured test specimens
as specified in ASTM C109
Compressive Strength Tests
1 One (1) set for each fraction of mix design placed in any one day one (1) specimen tested
at seven (7) days two (2) specimens tested at 28 days and one (1) specimen retained in
reserve for later testing if required
2 When the frequency of testing will provide less than three (3) strength tests for a given mix
design conduct testing from at least five (5) randomly selected batches or from each
batch if fewer than three (3) are used
3 Report test results in writing to the Owner Architect Structural Engineer Contractor and
ready mix supplier on the same day that tests are made Reports of compressive strength
tests shall contain the project identification name and number date of concrete
placement the name of contractor name of the concrete supplier and truck number
name of the concrete testing service, concrete type and class location of concrete batch
in the structure design compressive strength at 28 days concrete mix proportions and
materials compressive breaking strength and type of break for both 7 day tests and 28 day
tests
1 The testing agency will make additional tests of in place concrete when test results
indicate the specified concrete strengths and characteristics have not been attained in the
structure as directed by the Architect/ Engineer The testing agency shall conduct tests to
determine the strength and other characteristics of the to place concrete by compression
tests on cored cylinders complying with ASTM C42 by load testing specified in ACI 318 or
other acceptable non destructive testing methods as directed The Contractor shall pay
for this additional testing
1 05 PRODUCT DELIVERY STORAGE AND HANDLING
Store product in watertight enclosures and protect against dampness contamination and
warehouse set
Allow a maximum of 90 minutes between the time water is added and the time the concrete is
completely placed
1 06 WARRANTIES
A Provide Installer s written warranty covering defects in materials and workmanship and subgrade
failure for a period of one (1) year from final acceptance Owner s Representative shall determine
needs for repairs or replacement and his/her decision shall be final and obligatory upon the
Contractor
PART 2 PRODUCTS
201 SMOOTHING AND RESURFACING COATING
A General A blend of white and gray Portland cement dry polymers and aggregates providing a
smooth textured patching material for thin vertical surface repairs and coating applications
Product shall not contain gypsum
B Compressive Strength 800 psi at 1 day 3 000 psi at 7 days 4 000 psi at 28 days
C Adhesion Polymer modified for increased adhesion
D Color Paint
E Approved Manufacturers
1 3 2 1 by U S Spec Denver CO (303) 778 7227
2 Manufacturers providing materials of same function quality appearance and performance
are acceptable
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NACC Handball Court 0743 02
PART 3 EXECUTION
301 PREPARATION AND COORDINATION
A Smoothing and Resurfacing Coating All surfaces in contact with coating shall be free of dirt oil
grease laitance and other contaminants
3 02 APPLICATION OF SMOOTHING AND RESURFACING COATING
A General Prepare surfaces to receive coating per manufacturers requirements and
recommendations
1 Surfaces shall be free of dirt oil grease laitance and other contaminants
2 Remove unsound concrete to ensure a good bond
3 Mechanically abrade smooth dense surfaces to provide necessary bonding
4 Moisten area prior to application
5 Maintain contact areas between 400 F and 900 F prior to repair and during initial curing
period
B Mixing Use a mechanical mixer with rotating blades on low rpm for 3 5 minutes to achieve desired
consistency
C Placing Place material consistently without multiple layers using a putty knife trowel or sponge
float
1 Apply in applications from feather edge to 1 /8 thickness
2 For areas greater than 1 /8 thick apply U S Spec Quxkset 20 to within 1 /16 of final
repair then apply finish coat
D Finishing Follow standard ACI curing practices
3 03 FIELD QUALITY CONTROL
A Exposed work shall be subject to evaluation to the satisfaction of the Architect including but not
limited to, the following characteristics
1 Finishes, tolerances and surfaces
END OF SECTION
03310 3
NACC Handball Court 0743 02
Any Bid deemed by the City in its sole discretion to be a collusive
or sham Bid will be re]ected and reported to authorities as such
Your authorized 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 9
SECTION 04100
MORTAR AND MASONRY GROUT
PART 1 GENERAL
1 01 WORK INCLUDED
Furnish and install mortar and grout materials for new concrete block masonry units
Related work specified elsewhere
1 Section 04220 Concrete Unit Masonry
1 02 QUALITY ASSURANCE
A Reference Standards Conform to the current requirements and recommendations of applicable
portions of standards listed
1 ASTM American Society of Testing and Materials
2 ASTM C144 Aggregate for Masonry Mortar
3 ASTM C150 Portland Cement
4 ASTM C207 Hydrated Lime for Masonry Purposes
5 ASTM C270 Mortar Mix
6 ASTM C476 Mortar and Grout for Reinforced Masonry
7 PCA current edition
8 Applicable provisions of the codes referenced in Section 01060 or as adopted by any
jurisdiction with authority over this Project
103 SUBMITTALS
Product Data Submit manufacturers product data and specifications for each type of mortar
specified including certification that each type complies with the specifications
Sample Panel Refer to Section 04210 and/or 04220 for sample panel requirements Mortar color
shall be reviewed for approval by the Architect
104 TESTING
A Inspection and testing shall be performed by an independent testing laboratory approved by the
Architect conforming to ASTM E149 and C270 Testing fees shall be paid as specified in the
General and Supplementary Conditions Test samples shall betaken at random to provide sampling
over the course of work Materials not conforming to these specifications shall be removed from
the job and replaced
1 Refer to Section 04210 and/or 04220 for testing requirements
1 05 ENVIRONMENTAL CONDITIONS
A Maintain temperature of mortar and grout between 700 F and 100 F
B Contractor shall use only one (1) type mortar to ensure uniform color Masonry cement is not
permitted
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PART 2 MATERIALS
201 MORTAR AND GROUT MATERIALS
A Portland Cement ASTM C150, Type 1 white
B Hydrated Lime ASTM C207 Type S for new construction
C Aggregate Sand ASTM C144
D Coarse Aggregate for Grout ASTM C404 less than 3/8
E Water ASTM C270 clean and suitable for domestic consumption
F Mortar Coloring Natural
G Admixtures Pozzolan with approval calcium chloride not permitted
H Water Repellant Integral polymeric based water repellant admixture, conforming to ASTM E514
RainB(Ok by ACM Chemistries Inc Norcross GA, (877) 226 1766 or approved equal
2 02 MORTAR AND GROUT MIXES
Mortar Mixes ASTM C270 Type S mortar with hydrated time for all new masonry construction
Minimum compressive strength of 1 800 psi at 28 days
1 1 part Portland Cement, Type 1
2 1 /4 to 1 / 2 part hydrated time
3 2 1 /4 to 3 1 /2 parts damp, loose sand
Masonry Grout Mix Minimum compressive strength of 3 000 psi at 28 days
1 1 part Portland Cement Type 1
2 2 1 /4 to 3 parts damp loose sand
3 1 to 2 parts coarse aggregate
4 Pozzolan as per manufacturers recommendations
5 Air entrainment shall be not more than 5% by volume
Mixtures may change as per manufacturers recommendations to meet requirements
PART 3 EXECUTION
301 INSPECTION AND PREPARATION
Masonry installer shall examine the areas and conditions under which masonry is to be installed and
notify the Contractor in writing of conditions detrimental to the proper and timely completion of
the work Do not proceed with the work until unsatisfactory conditions have been corrected in a
manner acceptable to the masonry installer
3 02 BATCH CONTROL
A Measure and batch materials either by volume or weight such that the required proportions for
mortar can be accurately controlled and maintained
B Mix mortar ingredients for a minimum of five (5) minutes in a mechanical batch mixer Do not use
mortar which has begun to set or if more than 2 1/2 hours has elapsed since initial mixing
Retemper mortar during 2 1/2 hour period as required to restore workability
C Colored Mortar If colored mortar is specified in paragraph 2 01 above mortar color shall be pre
blended not field mixed
D Use mortar within two (2) hours of mixing at temperatures over 80 F and 2 1/2 hours at
temperatures under 500 F
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3 03 JOINTS
A General Lay coursed units with 3/8 joints unless otherwise indicated except for minor
vanations required to maintain bond alignment
B Bond Pattern and Joint Type Refer to Section 04210 and/or 04220
C Rake out mortar in preparation for application of caulking or sealants where shown
D Remove excess mortar and smears upon completion of work
E Point out or replace defective mortar to match adjacent work
F Clean soiled surfaces using a non acidic solution which will not harm adjacent surfaces Consult
masonry manufacturer for acceptable cleaners
END OF SECTION
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SECTION 04220
CONCRETE UNIT MASONRY
PART 1 GENERAL
1 01 WORK INCLUDED
A Furnish and install concrete unit masonry including units and special shapes mortar ties anchors
and accessories
B Furnish and install concrete unit masonry horizontal joint and vertical reinforcing
C Install all bolts nailing blocks inserts, steel lintels vents conduits and other related work
furnished by others to be built into concrete unit masonry
D Furnish and install masonry grout for grouted cells of concrete unit masonry
E Furnish test specimens and samples of materials
F Clean concrete unit masonry and remove surplus material and waste
G Furnish and apply coatings
1 02 QUALITY ASSURANCE
Reference Standards Conform to the current requirements and recommendations of applicable
portions of standards codes and specifications except where more stringent requirements are
shown or specified
1 ASTM C90 Standard Specification for Hollow Load Bearing Concrete Masonry Units
2 ASTM C150 Portland Cement
3 ANSI A 41 i Building Code Requirements for Masonry
4 ACI 530 1 Standard Specification for Tolerances
5 International Building Code current edition
6 National Concrete Masonry Association (NCMA) Specification for the Design and
Construction of Non Load Bearing Concrete Masonry
7 Rocky Mountain Masonry Institute
Applicable provisions of the codes as adopted by any jurisdiction with authority over this Project
1 03 TESTING
A Test reports for each type of concrete masonry unit shall be submitted to the Architect/Engineer
for approval Testing is to be performed by an independent testing laboratory in accordance with
ASTM C140 63T Reports shall include the following
1 Compressive strength
2 Water absorption
3 Complete identification of units including size, grade and type
B If results of test and/or inspections do not meet the requirements of the Contract Documents or
are otherwise unsatisfactory the Contractor shall proceed as directed by the Architect/Engineer
Additional costs resulting because of retesting load testing removal and replacement of masonry
damage to the work of other trades shall be borne by the Contractor
C Engineer shall have the right to order tests of any material entering into the masonry work or any
other tests deemed necessary to determine whether materials and methods in use are such as to
produce work of necessary quality to order test under load of any portion of completed structure
when conditions have been such as to leave doubt as to adequacy of the structure to serve
purposes for which it is intended and to order change in proportions or material at Contractors
expense if work of required quality cannot be obtained with materials and/or proportions
furnished by the Contractor
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Materials or proportions of materials entering into masonry walls shall not be changed, unless
approved by the Engineer Materials from any new source or changes in proportions shall be
subject to all required tests which shall be made at the Contractors expense
Contractors Responsibilities
1 Cooperate and provide every assistance to facilitate inspection and testing
2 Furnish mix designs for mortar and grout prior to commencement of work submit to the
Architect mix designs and test results for each type of grout all with materials and in
proportions proposed to be used in the actual construction No work shall commence until
the mix designs have been reviewed and approved by the Engineer
3 Furnish materials and labor required to make and handle test specimens at the project site
under proposed job conditions
4 Furnish temporary facilities for field cured specimens
5 Advise testing agency sufficiently in advance of operation to allow for completion of
quality tests
104 CERTIFICATION
A Prior to delivery furnish Architect with certificates or test reports attesting compliance with the
applicable specifications for the following
1 Masonry units
2 Mortar and grout materials
3 Reinforcing steel
B Prior to installation provide Architect with certificates or other documentation attesting to date of
block casting
1 05 TESTING OF MORTAR AND GROUT
A Mortar Make one (1) set of three (3) 2 x 4 cylinders for each type of mortar each day that mortar
is laid Break one (1) cylinder at seven (7) days and two (2) at 28 days
1 Spread mortar on masonry units between 1/2 and 3/4 thick and allow to stand one (1)
minute
2 Remove mortar and place it in a 2 x 4 cylinder in two (2) layers compressing mortar into
cylinder using a flat end stick or fingers
3 Lightly tap mold on opposite sides level off and immediately cover molds and keep them
damp until taken to laboratory
4 Contractor s Option Contractor may substitute a prism test of in place concrete unit
masonry construction, in lieu of specified mortar testing upon prior approval of the
Architect/Engineer and Owner
3 Grout Make one (1) set of three (3) 3 x 3 x 6 high specimens for each type of grout and type of
wall where used each day grout is poured Break one (1) specimen at seven (7) days and two (2) at
28 days
1 On a flat non absorbent base forma space 3 x 3 x 6 high using masonry units having
same moisture condition as those being laid
2 Line the space with permeable paper or porous separator so that water may pass through
the liner into masonry units
3 Thoroughly mix the grout to obtain fully representative mix and place into molds in two (2)
layers Puddle each layer with 1 x 2 stick to eliminate air bubbles
4 Level off and immediately cover molds and keep them damp until taken to the laboratory
After 48 hour set, remove molds, cap the specimens and place them in fog room until tested in
damp condition in accordance with ASTM C31
Test in accordance with ASTM C39 From each set of cylinders break one (1) at seven (7) days and
two (2) at 28 days
Reports shall include location and description of wall dates weather conditions temperature of
mortar and grout description of mortar and grout mixes description of masonry prisms breaking
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stresses and nature of break
106 SUBMITTALS
Sample Panel Erect minimum 4 0 x 4 0 sample panel consisting of approved concrete unit
masonry that satisfactorily shows proposed texture bond mortar and workmanship
1 Contractor shall not continue work until Architect and Owners representative have
accepted sample panel
2 Sample panel shall remain on site until work of this Section is complete and will be used as
standard of comparison for balance of work
3 Sample panel may be constructed as a part of the permanent building construction if
approved by the Architect
Certificates Submit certificates or other documentation attesting to test reports and date of block
casting, as specified above
1 07 DELIVERY STORAGE AND HANDLING
A Deliver materials to the site on platforms or pallets Keep masonry units completely covered and
free from frost, ice and snow Handle masonry units carefully to avoid chipping, breakage, contact
with soil or contaminating materials Protect steel materials from moisture and keep free from
rust or scale Store mortar materials in dry place Damaged materials shall not be used
B Maintain protective boards at exposed external corners which may be damaged by construction
activities Provide such protection without damaging completed work
C Provide temporary bracing during erection of masonry work Maintain in place until building
structure provides permanent bracing
1 08 ENVIRONMENTAL CONDITIONS
A Maintain materials and surrounding air temperature to minimum 50 F prior to during and 48 hours
after completion of masonry work
B During freezing or near freezing weather, provide adequate equipment or cover to maintain a
minimum temperature of 50 F and to protect masonry work completed or in progress
C Protect partially completed masonry against weather when work is not in progress by covering top
of walls with strong waterproof non staining membrane Extend membrane at least 2 down both
sides of walls and anchor securely in place
D Walls which may be exposed to high winds during erection shall be adequately braced until
permanent support is provided at floor or roof level immediately above the story under construc
tion
E Cold Weather Masonry Installation
i Do not use frozen materials or materials mixed or coated with ice or frost
2 Do not use antifreeze compounds calcium chlonde or substances containing calcium
chloride in mortar or grout
3 Do not build on frozen work Remove and replace masonry work damaged by frost or
freezing
4 Protect masonry being placed from wind with enclosures or shields when air temperature is
below 32 F
5 Do not heat water above 106 F
6 When mortar or grout materials have been combined temperature of the mixture shall not
be less than 50° F nor more than 1000 F
7 Masonry materials shall be preconditioned and completed masonry protected as follows
a When air temperature is below 400 F and above 32 F heat mixing water Protect
masonry from ram or snow for 24 hours by means of waterproof covers
b When air temperature is below 32 F and above 20' F heat both sand and mixing
water Maintain a temperature of at least 40 F on both sides of walls by means of
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suitable covers or enclosures for 24 hours
c When air temperature is 200 F and below heat sand mixing water and block and
provide heated enclosures A temperature of at least 40 F shall be maintained
within enclosures for 48 hours
d Periods required for protection and maintenance of specified temperatures may be
reduced to 1 /2 of those specified herein before if Type III Portland cement is used
with the Engineers approval
Hot Weather Masonry Installation
1 During very hot weather and drying wind the Architect may order very light fog spray of
mortar bedding areas several times during the first 24 hours to prevent premature drying
of mortar
PART 2 PRODUCTS
201 CONCRETE MASONRY UNITS
A Plain Concrete Unit Masonry ASTM C90 Grade N minimum 2 500 psi light weight load bearing
units
1 Size Nominal 8 high x 16 long face dimension x 12 deep units unless otherwise
indicated
2 Color Natural
3 Water Repellant Integral polymeric based water repellant admixture conforming to ASTM
E514 RamBIok by ACM Chemistries Inc Norcross GA (877) 226 1766, or approved equal
4 Appearance Units shall have smooth dense, exposed surfaces free of cracks chips or
deleterious matter Representative sample in sample panel subject to approval by
Architect
5 Special shapes as shown on the Drawings or as required
a Knock out bond beam units at bearing and top course of watts and in other
locations shown on the Drawings
B Bond Beam Units All bond beam units shall have knockout webs and open bottoms except at
masonry lintels over openings Match unit sizes and appearances specified in paragraph 2 01
C Tolerances No overall dimension of width height or length shall vary by more than 1 /8 from the
specified standard dimension
D Approved Manufacturers
i Robinson Block Co Colorado Springs CO (719) 390 5477 (800) 284 8037
2 Valley Block Co Loveland CO, (970) 667 4480
3 Powers Masonry Supply Fort Collins CO (970) 484 1292
4 Manufacturers providing materials of same function appearance quality performance and
range of selection including matching the selected product(s) specified above in the sole
opinion of the Architect are acceptable
202 REINFORCING STEEL ANCHORS AND TIES
General Corrosion resistant metal meeting or exceeding applicable standards ASTM A153 and
ASTM Al 16
Reinforcing Steel Refer to Drawings
Veneer and Horizontal Reinforcing Types
1 Truss or Ladder Type for Single Wythe Masonry Prefabricated welded wire units, 10 wide
x not less than 10 0 long for 12 deep structural units with matching corner and tee units
Wire shall be 9 gage with single pair of deformed side rods and continuous plain diagonal
cross rods spaced not more than 16 o c
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Approved Manufacturers
1 Dur 0 Wal Inc Arlington Heights IL, and distributed locally at Denver CO, (303) 321
1836
2 Heckmann Building Products Inc Chicago IL (800) 621 4140
3 Manufacturers providing products of same performance and function are acceptable
2 03 MASONRY ACCESSORIES
Control Joints Non asphaltic type foam backer rod by Celotex or equal Thicknesses as shown on
the Drawings
PART 3 EXECUTION
3 01 PREPARATION COORDINATION AND WORKMANSHIP
A Ensure items built in by other trades for this work are properly located and sized
B Establish all lines levels and coursing Protect from disturbance Place concrete unit masonry in
accordance with tines and levels indicated on the Drawings
C Ensure masonry courses are of uniform height Make vertical and horizontal joints equal and of
uniform thickness
D Unfinished masonry walls shall be stepped back for joining with new work Do not tooth
E Cutting and fitting of masonry including that required to accommodate the work of other Sections
shall be done by masonry mechanics with masonry saws
F Bearing for horizontal load carrying members shall be of grouted masonry as shown on the
Drawings
3 02 CURING OF MASONRY UNITS
A General Concrete masonry units shall be cured for minimum of 28 days from the date of casting
before being delivered to the site and installed in masonry walls Consult with Rocky Mountain
Masonry Institute as necessary
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A Refer to Section 04100 Mortar for installation and workmanship requirements for mortar and
grout mixes
B Ensure that concrete masonry units have properly cured prior to installation as specified in 3 02
above
C Lay, level and align corner units first Lay concrete unit masonry in running bond unless otherwise
shown on the Drawings or specified herein Course one (1) block unit and mortar joint to equal 8
vertically Lay external and internal courses as shown on the Drawings
D Lay first course of concrete unit masonry in full bed of mortar except at locations of filled cores
Lay subsequent courses to face shell mortar bedding properly jointed with other work Fully mortar
webs around each core to be grouted Fully bond external and internal corners and intersections
E Align cells to be filled with grout to provide continuous unobstructed vertical space
F Perform job site cutting of masonry units with proper power tools to provide straight true and
unchipped edges
G Do not shift or tap masonry units after mortar has taken initial set Where adjustment must be
made remove mortar and replace
H Remove excess mortar and projections Take care to prevent breaking block corners Clean excess
mortar from cores to be grouted
I Tolerances Maximum variation from masonry unit to adjacent masonry unit 1 /8
J Tooling and Joints Refer to paragraph 3 06
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304 MORTAR BEDDING AND JOINTS
A Head joints shall be well buttered for thickness equal to face shell of unit and shall be shoved
tightly so that mortar bonds well to both units Do not slush head joints
B Hollow Concrete Masonry Units Lay with full mortar coverage over horizontal and vertical face
shells
C Starting Joint on Stabs Provide full mortar coverage on bed except that area where grout occurs
shall be kept free from mortar
D Mortar protrusions extending more than 3/8 into cells or cavities to be reinforced and/or filled or
into air space for veneer masonry shall be removed
E Joint width shall be 3/8 unless otherwise shown
3 05 TOOLING
Exposed Joints Tool joints as scheduled Rake out mortar in preparation for application of
caulking or sealants where required
1 Exterior Face of Exterior Walls Raked joints for all masonry unit types
2 Interior Face of Exterior Walls Flush struck joints
Joints to be covered with paint shall be filled flush and then sacked to produce dense surface
without sheen
Joints which are not tight at the time of tooling shall be raked out pointed and then tooted
3 06 INSTALLATION OF HORIZONTAL JOINT REINFORCEMENT
A General Reinforce all walls with continuous horizontal joint reinforcement unless specifically
shown otherwise Provide special shapes where shown on the Drawings Lap reinforcement
minimum 6 at splices
B At each level place reinforcement in bed joint between first and second course and then at regular
intervals not exceeding 16 o c vertically
C Place reinforcement so that longitudinal wires are located over face shell mortar beds and are fully
embedded in mortar for their entire length with minimum mortar cover of 5/8 on exterior side of
walls and 1 /2 at other locations
D Unless otherwise shown provide reinforcement in first and second bed joints immediately above
and below openings or recesses to walls Reinforcement shall extend minimum 24 beyond end of
sills or lintels or to end of panel if distance to end of panel is less than 24
E Use only prefabricated L and T units at corners and intersections respectively
F Do not bridge control and expansion joints with reinforcement unless shown on the Drawings
307 INSTALLATION OF REINFORCING BARS
A Reinforcing bars shall be straight except for bends around corners and where bends or hooks are
detailed Bars partially embedded in masonry shall not be field bent except as shown on the
Drawings or specifically permitted by the Engineer
B Bars shall be free of loose rust mud oil or other coatings that would destroy or reduce bond
C Splices shall be made only at locations shown on the Drawings or where specifically permitted by
the Engineer
D Reinforcement shall be accurately placed into position indicated on the Drawings and secured
rigidly against displacement within a tolerance of 1 /4
E Vertical reinforcing shall have a minimum clearance of 1 /2 from masonry and not less than 1 bar
diameter between bars
F Vertical reinforcing shall be placed in masonry cores as shown or specified on the Drawings
G Horizontal bars shall be placed in continuous masonry courses consisting of bond beam or through
block units and shall be solidly grouted in place
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H When foundation dowel does not line up with a vertical unit core, it shall not be sloped more than
1 horizontal in 6 vertical Dowel shall be grouted into core in vertical alignment even though it is
in an adjacent cell to vertical wall reinforcing
3 08 GROUTING OF MASONRY UNITS
A General Grout cells of hollow concrete unit masonry where indicated on the Drawings
1 All vertical cells
B When laying masonry units extreme care shall be taken to prevent excess mortar from squeezing
out and falling into airspace or cells Mortar which projects more than 3/8 into grout space shall
be removed
C Grout shall be puddled or vibrated in place
D Pour grout into horizontal members at maximum 48 o c
E Vertical cells of walls scheduled to be filled shall be grouted solidly Pours shalt be stopped 1 1 /2
below top of course except at top of wall to form a key at pour joints Provide clean out
openings at bottom of each pour for inspection
F Grouting Masonry of Hollow Units Walls shall be erected and grouted in lifts not higher than 8
Vertical cells to be filled shall have vertical alignment and shall have clear unobstructed cell area
of at least 2 x 3
309 INSTALLATION OF CONTROL AND EXPANSION JOINTS
Locate vertical control, expansion and isolation joints in concrete unit masonry as shown on the
Drawings Joints shall be continuous through depth of the masonry work unless otherwise
detailed
Maintain control joint voids clear of mortar grout and debris Rake out mortar in preparation for
application of caulking and sealants
Control Joint Spacing Refer to the Drawings If location of control joints is not shown place
vertical joints maximum 20 0 o c for unbroken lengths of concrete masonry except as specified
herein or as indicated on the Drawings
1 Locate joints at points of natural weakness in supporting structure at wall openings and at
control joints located in the floor slab when walls are supported on the stab
3 10 BUILT IN WORK
As work progresses build in electrical accessories anchor bolts plates specialties and other items
supplied by others Place items plumb and true to line
3 11 CUTTING AND FITTING
A Cut and fit for chases, pipes conduit sleeves and other items as required Cooperate fully with
other Sections to ensure correct size shape and location
B Obtain Architects approval prior to cutting or fitting any area which is not indicated on the
Drawings or which may impair appearance or strength of masonry work
3 12 CLEANING AND PROTECTION
General All new concrete unit masonry shall be thoroughly cleaned upon completion of the work
Adhere to the following procedures for cleaning brick Never clean brick before mortar has set
minimum 14 days
1 Dry clean wall with wood paddles or scrapers removing large particles of mortar
2 Presoak wall with clean water scrub with a solution of 1 /2 cup tnsodwm phosphate and
1 /3 cup household detergent to one gallon of water Scrub with a stiff fiber brush only
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SECTION 00300
ie •Cu
3 Thoroughly rinse with clean low pressure water immediately after scrubbing to remove all
cleaning solution dirt and mortar crumbs
Clean soiled surfaces exposed to view using a non acidic solution which will not harm masonry or
adjacent materials Consult masonry manufacturer for acceptable cleaners Use non metallic tools
in cleaning operations Leave surfaces prepared for further sealers or coatings if specified
Remove and replace any chipped or broken concrete masonry units Remove excess mortar and
smears upon completion of masonry work Point or replace defective mortar to match adjacent
work
3 13 FIELD QUALITY CONTROL
A General Installation of masonry units mortar and grout special curing and workmanship of joints
shalt be in accordance with the standards approved in the sample panel
B All concrete unit masonry units shall be sound and free of cracks or other defects that may
interfere with the proper placing of the unit or impair the strength or performance of the
construction
C Where masonry units are to be exposed in the completed construction the face or faces that are
exposed shall be free of chips cracks or other imperfections to the satisfaction of the Architect
except that chips not larger than i /4 will be considered acceptable
D Contractor shall promptly remove any rejected masonry units or portions of the work and replace
to match the quality of the approved sample panel
END OF SECTION
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SECTION 09900
PAINTING
PART 1 GENERAL
1 01 WORK INCLUDED
Prepare surfaces to receive opaque painted finishes as specified
Furnish materials and finish surfaces as indicated in the schedule at the end of this Section
Generally the scope of work shall include painting all exposed surfaces whether specifically noted
or not and certain concealed surfaces except where materials are prefinished or where intended
to remain unfinished as described in paragraph 1 02 below
1 02 WORK NOT INCLUDED
A Metal surfaces of anodized aluminum, stainless steel, chromium plate copper bronze and similar
finished materials will not require painting under this Section except as may be so specified
B Materials fixtures and equipment specified or supplied by the manufacturer as prefinished shall
not be painted unless otherwise indicated in the Schedule at the end of this Section Materials
supplied with factory applied primer coats shall be field finished by this Section unless otherwise
indicated
C Do not paint moving parts of operating units mechanical or electrical parts such as valve
operators linkages sensing devices and motor shafts unless otherwise indicated
D Priming or finishing of certain surfaces may be specified to be factory apphed or installer
performed under other Sections
1 03 QUALITY ASSURANCE
A Reference Standards Conform to the current requirements and recommendations of applicable
portions of standards codes and specifications except where more stringent requirements are
shown or specified
1 Applicable provisions of the codes as adopted by any jurisdiction with authority over this
Project
B Finish work shall be performed only by qualified personnel employed by firms specializing in work
of this type with a minimum of five (5) years successful experience in projects of similar size and
complexity
C Materials shall be applied with appropriate equipment and tools as specified herein or as required
to provide the specified quality
D Coordination of Paint Finishes Primers and Substrates
1 Provide finish coats which are compatible with the prime coats actually used
2 Review other Sections of these Specifications as required verifying the prime coats to be
used and assuring compatibility of the total coating system for the various substrates
3 Upon request furnish information on the characteristics of the specific finish materials to
assure that compatible prime coats are used
4 Provide barrier coats over non compatible primers or remove the primer and reprime as
required
5 Notify the Architect in writing of anticipated problems in using the specified coating
systems over prime coatings or substrates supplied under other Sections
E Certification Supplier shall certify that all paint materials supplied contain no lead or other toxic
substances
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1 04 SUBMITTALS
A Product Data Submit manufacturers product literature and specifications to show compliance
with the specified requirements
B Materials List Submit materials list of all items proposed to be provided under this Section
1 05 DELIVERY, STORAGE AND HANDLING
Deliver paint materials in original, sealed and labeled containers bearing manufacturers name
type of paint, brand name color, designation and instructions for mixing and/or reducing
Provide adequate storage facilities to store materials at minimum ambient temperature of 45 Fin
a well ventilated area
Take precautionary measures to prevent fire hazards and spontaneous combustion
1 06 ENVIRONMENTAL CONDITIONS
A General Follow manufacturers written specifications and recommendations for product handling
and application Adhere to all applicable OSHA regulations related to product application and
handling of removed paint rinse water and other residual materials
B Measure moisture content of surfaces using an electronic moisture meter Do not apply finishes
unless moisture contents of surfaces are below the following maximums
1 Plaster and Gypsum Wallboard 12%
2 Interior Wood 6%
Exterior Wood 15%
C Ensure that surface temperature or the surrounding air temperature is above 40 F before applying
finishes Minimum application temperatures for latex paints for interior work is 45 F, 50 F for
exterior work
D Provide adequate continuous ventilation and sufficient heating facilities to maintain temperatures
above 45 F for 24 hours before during and 48 hours after application of finishes
107 PROTECTION
A Adequately protect other surfaces from paint and damage Repair damage as a result of
inadequate or unsuitable protection
B Furnish sufficient dropcloths shields and protective equipment to prevent spray or droppings from
soiling surfaces not being painted and in particular surfaces within storage and preparation area
C Place cotton cloths and any material which may constitute a fire hazard in closed metal containers
and remove daily from the site
D Remove electrical plates surface hardware, fittings and fastenings prior to painting operations
These items are to be carefully stored cleaned and replaced on completion of work in each area
Do not use solvents to clean hardware that may remove permanent lacquer finish
1 08 MAINTENANCE MATERIALS
A Contractor shall furnish Owner additional maintenance stock of not less than five (5) gallons of
each color of finish coating
B Containers are to be tightly sealed and clearly labeled for identification
PART PRODUCTS
2 01 FINISH MATERIALS
Paints Enamels and Fillers Type and brand scheduled herein ready mixed except field catalyzed
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coatings Pigments fully ground maintaining a soft paste consistency capable of readily and
uniformly being dispersed to a complete homogeneous mixture Paints shall have good flowing and
brushing properties and be capable of drying or curing free of streaks or sags
1 Paint materials shalt contain no lead or other toxic substances Refer to paragraph 1 03 C
2 Chemical Components of Field Applied Interior Paints and Coatings Provide products that
comply with the following limits for VOC content exclusive of colorants added to a tint
base when calculated according to 40 CFR 59 Subpart D (EPA Method 24) and the
following chemical restrictions these requirements do not apply to primers or finishes that
are applied in a fabrication or finishing shop
a Flat Paints and Coatings VOC content of not more than 50 g/L
b Nonflat Paints and Coatings VOC content of not more than 150 g/L
c Aromatic Compounds Paints and coatings shall not contain more than 1 0% by
weight of total aromatic compounds (hydrocarbon compounds containing one or
more benzene rings)
d Restricted Components Paints and coatings shall not contain any of the following
i) Acro(ein 14) Formaldehyde
2) Acrylonitnte 15) Hexavalent chromium
3) Antimony 16) Isophorone
4) Benzene 17) Lead
5) Butyl benzy( phthalate 18) Mercury
6) Cadmium 19) Methyl ethyl ketone
7) Di (2 ethylhexyl) phthalate 20) Methyl isobutyl ketone
8) Di n butyl phthalate 21) Methylene chloride
9) Di n octylphthalate 22) Naphthalene
10) 1 2 dichlorobenzene 23) Totuene(methylbenzene)
11) Diethyl phthalate 24) 1 1 1 trichloroethane
12) Dimethyl phthalate 25) Vinyl chlonde
13) Ethylbenzene
B Paint Accessory Materials Linseed oil shellac turpentine and other materials not specifically
indicated herein but required to achieve the finishes specified of high quality and approved
manufacturer
C Color(s) as selected by the Architect from manufacturers full color selection unless otherwise
indicated Painter shall prepare samples for the Architects approval of each paint color selected
Remake samples until approved at no additional cost to the Owner
D Approved Manufacturers Use the same brand throughout the project for each type of paint
material specified
1 Sherwin Williams ProMar 200 Series as basis of design
2 Paint Pittsburgh Diamond Vogel ICI Dulux Fuller 0 Brien Benjamin Moore, Kelly Moore
Kwal Howell and Sophir Morris Using product lines of same quality function and
performance are acceptable
2 02 APPLICATION EQUIPMENT
A For application of the specified paint use only such equipment as is recommended for application
of the particular paint by the manufacturer and approved by the Architect except as limited by
paragraph 2 02 C
B Prior to use of application equipment, verify that the proposed equipment is actually compatible
with the material to be applied and that integrity of the finish will not be jeopardized by use of
this equipment
203 COLOR SCHEDULES
A The Architect will prepare marked up elevations or a color schedule with samples for guidance in
09900 3
NACC Handball Court 0743 02
painting Contractor shall furnish samples of all other related finish materials for coordination in
preparation of the color schedule
The Architect may select allocate and vary colors on different surfaces throughout the work
subject to the following
1 Exterior Work A maximum of four (4) different colors will be used
PART 3 EXECUTION
301 INSPECTION
Subcontractor shall thoroughly examine surfaces scheduled to be painted or finished prior to
commencing work Notify the Architect of any condition that may potentially affect proper
application and final appearance Do not commence work until such defects have been corrected
to the satisfaction of the painting subcontractor Beginning work shall be considered acceptance of
surfaces
3 02 PREPARATION OF SURFACES
A General All preparatory work shall be subject to evaluation and acceptance by the Architect
Painting subcontractor will accept responsibility for the preparation of all surfaces as specified
herein prior to finishing
B Cleaning of all surfaces shall be done with non toxic biodegradable products that comply with the
Cahforma Code of Regulations Title 17 Section 94509 VOC standards for clearing products
C Ensure that the Contractor has corrected defects in all surfaces which may adversely affect work of
this Section
D Remove mildew by scrubbing with solution of to sodium phosphate and bleach Rinse well with
clean water and allow the surface to dry completely
E Remove surface contamination and oils from galvanized surfaces and wash with solvent Apply a
coat of etching type primer
F Remove grease rust, scale dirt and dust from steel ferrous metal andiron surfaces Where heavy
coatings of scale are evident remove by wire brushing sandblasting or any other necessary
method
1 Clean unprimed surfaces by washing with solvent Apply a treatment of phosphoric acid
solution ensuring that weld joints bolts and nuts are similarly cleaned Prime surfaces as
required
2 Sand and scrape shop primed surfaces to remove loose primer and rust Feather out edges
to make touch up patches inconspicuous Clean surfaces with solvent and prime surfaces
as required
3 Back prime structural steel and ferrous metal surfaces to be in contact with concrete
unless furnished by other Sections
4 Ensure that excess weld slag or flux deposits are removed and that all exposed welds are
ground or sanded to specified appearance
3 Schedule painting prior to installation of prefimshed materials specialties furnishings and fixtures
to the extent possible including but not limited to
1 Surface mounted electrical devices such as switchplates and outlet cover plates etc
3 03 APPLICATION
General Apply finish materials in accordance with the manufacturers instructions and
recommendations Ensure that surfaces have been properly prepared and primed prior to
application of finish coats
Apply each coat at the proper consistency Allow each coat of finish to dry before the following
coat is applied unless directed otherwise by manufacturer Sand lightly between coats to achieve
09900 4
NACC Handball Court 0743 02
the required finish
Brush Applications
1 Brush out and work the brush coats onto the surface in an even film
2 Finish coats shall be finished by roping the paint moving from wet to dry areas
3 Cloudiness spotting, holidays taps brush marks runs sags ropiness and other surface
imperfections will not be acceptable
Spray Applications
1 Except as specifically otherwise approved by the Architect confine spray application to
metal framework and similar surfaces where hand brush work would be inferior
2 Gypsum wallboard walls, ceilings and soffits shall be finished by spray application then
back rolled with roller equipment to result in specified mil thickness, moving from wet to
dry areas
3 Where spray application is used apply each coat to provide the hiding equivalent of brush
coats
4 Do not double back with spray equipment to build up film thickness of two (2) coats to one
(1) pass
For completed work match the approved samples as to texture color and coverage Remove
refinish or repaint work not in compliance with the specified requirements
304 PAINTING MECHANICAL AND ELECTRICAL EQUIPMENT
General Painting of exposed equipment, louvers
this Section unless otherwise indicated
1 Coordinate extent of field finishing of
3 05 CLEANING
ductwork piping conduits etc shall be work of
mechanical and electrical equipment with the
Architect as necessary
Architect retains the right to require prefinished diffusers grilles and other mechanical or
electrical devices to be field finished whether or not specifically called for
Prime and paint insulated and bare pipes conduits, boxes insulated and bare ducts
hangers, brackets collars and supports in exposed locations except where items are
plated or covered with a prefim shed coating or where located in mechanical chase spaces
Finish paint primed equipment to color selected
A Promptly remove paint from adjacent materials or surfaces as work proceeds where spilled
splashed or splattered
B Cleaning of all surfaces shall be done with non toxic biodegradable products that comly with the
California Code of Regulations Title 17 Section 94509 VOC standards for cleaning products
C During progress of work keep premises free from any unnecessary accumulation of tools
equipment, surplus materials and debris
D Place cotton cloths and material which may constitute a fire hazard in closed metal containers and
remove daily from the site
E Upon completion of work leave premises neat and clean to the satisfaction of the Architect
3 06 QUALITY CONTROL
Painted finishes shall be subject to evaluation and approval to the satisfaction of the Architect
including but not limited to the following characteristics
1 Consistency and smoothness of surface
2 Coverage and and thickness
3 Color match between adjacent areas
4 Compliance with approved sample(s)
5 Renovation Projects Satisfactory match to adjacent materials or surfaces where entire
wall or ceiling area is not scheduled to receive new finish
09900 5
NACC Handball Court 0743 02
PART 4 SCHEDULES
401 EXTERIOR PAINTING AND FINISHING SCHEDULE
NOTE MWF indicates minimum wet film thickness which is a per coat measurement in mils thickness
Systems are based on Sherwin Williams IS W) or as noted
A Exterior Exposed Steel Surfaces
1 Location Exposed surfaces of exterior steel
2 Primer One (1) coat shop prime or inhibitive metal primer MWF 3 6 mils
3 Finish Two (2) coats alkyd enamel semi gloss, MWF 4 4 mils
4 Product S W Industrial Enamel
5 Color(s) To be selected
B Exterior Concrete or Concrete Unit Masonry Surfaces
1 Location Exposed concrete or concrete unit masonry walls
2 Primer One (1) coat vinyl acrylic emulsion block filler
3 Finish Two (2) coats acrylic latex, low lustre MWF 3 6 mils
4 Product S W A 100 Satin Latex House and Trim
5 Color As selected
END OF SECTION
09900 6
NACC Handball Court 0743 02
C1117�411TL
SECTION 01800 —DEFINITION OF BID ITEMS
The following items describe the scope of work for this contract and are further clarified through limit of work
boundary notes on the drawings and specifications The work described in each Bid Item may contain work from
one or several technical specification sections Contractor shall refer to the technical specifications that apply to the
individual components
Bid Item 1 — Mobilization
This work includes the mobilization of personnel equipment and supplies at the project site in preparation for work
on the project This item shall also include marshalling disassembly and security of all items indicated on the plans
or specifications Payment will be made as work progresses
Bid Item 2 — Masonry
Contractor shall supply all labor materials and equipment to construct the masonry work for the handball court
Work includes installation of block walls and cementitious coating on the inside play area of the court for a complete
item
Bid Item 3 — Expanded Metal Ceibna
Contractor shall supply all labor materials and equipment to construct the expanded metal ceiling for the area in the
front court for a complete item (Items specified on the Drawings)
Bid Item 4 — Court Wall Paintina
Contractor shall supply all labor materials and equipment to paint the handball court CMU block walls for a
complete item (Paint Color TBD)
END OF SECTION
END OF DIVISION 1
City of Fort Collins Section 01800 Definition of Bid Items
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SECTION 00300
51 � •tN
PROJECT 6104 Northside Aztlan Community Center Handball Court Masonry
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
Rev 10/20/07 Section 00300 Page 1
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7 The undersigned Bidder hereby acknowledges receipt of Addenda No
through
8 BID SCHEDULE (Base Bid)
Project Northside Azdan Community Center Handball Court Masonry
Bid items are described in Section 01800
ID
ESTIMATED
UNIT
ITEM
ITEM
#
DESCRIPTION
QUANTITY
UNIT
PRICE
TOTAL
1
Mobilization
1
LS
$
$
2
Masonry
1
LS
$
$
3
Expanded Metal Ceiling
1
LS
$
$
4
Court Wall Painting
1
LS
$
$
TOTAL OF BASE BID
$
written Dollars
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
Rev 10/20/07 Section 00300 Page 2
RESPECTFULLY SUBMITTED
Signature
Title
CONTRACTOR
m
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest
Address
Telephone
Email
Date
Rev 10/20/07 Section 00300 Page 3
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020
Notice Inviting Bids
00020 1
000202
00100
Instruction to Bidders
00100 1
001009
00300
Bid Form
00300 1
003003
00400
Supplements to Bid Forms
004001
00410
Bid Bond
004101
004102
00420
Statements of Bidders Qualifications
00420 1
004203
00430
Schedule of Major Subcontractors
00430 1
CONTRACT DOCUMENTS
00500 Agreement Forms
005001
00510 Notice of Award
005100
00520 Agreement
005201
005206
00530 Notice to Proceed
005301
00600 Bonds and Certificates
00600 1
00610 Performance Bond
00610 1
006102
00615 Payment Bond
00615 1
006152
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
006502
00660 Consent of Surety
00660 1
00670 Application for Exemption Certificate
00670 1
006702
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 009001
00950 Contract Change Order 00950 1 00950 2
00960 Application for Payment 00960 1 00960 4
SPECIFICATIONS
DRAWINGS
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
Rev 10/20/07 Section 00410 Page 1
I Wil MENMe
KNOW ALL MEN BY THESE PRESENTS that we the undersigned -the 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, 6104 Northside Aztlan Community Center
Handball Court Masonry
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)
La
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 name
6 Contracts on hand (Schedule these, showing the amount of each
contract and the appropriate anticipated dates of completion )
7 General character of Work performed by your company
8 Have you ever failed to complete any Work awarded to you?
If so, where and why?
9 Have your ever defaulted on a contract?
If so, where and why?
10 Are you debarred by any government agency?
If yes list agency name
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 Work similar in importance to this
project
14 Background and experience of the principal members of your
organization including officers
15 Credit available $
16 Bank reference
17 Will you, upon request, fill out a detailed financial statement and
furnish any other information that may be required by the OWNER?
18 Are you licensed as a General CONTRACTOR?
If yes in what city, county and states _
What class license and numbers?
19 Do you anticipate subcontracting Work under this Contract?
If yes what percent of total contract?
and to whom?
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
Name of Bidder
By
Title
State
County
this day of , 20_
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 15- of the contract
ITEM
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 6104 Northside Aztlan Community Center Handball Court Masonry
OWNER CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
project has been considered You are the apparent successful Bidder and have
been awarded an Agreement for 6104 Northside Aztlan Community Center Handball
Court Masonry
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
By
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 6104 Northside Aztlan Community Center Handball Court Masonry
ARTICLE 2 ENGINEER
The Project has been designed by Aller-Lingle who is hereinafter called
ENGINEER and who will assume all duties and responsibilities and will have
the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract
Documents
ARTICLE 3 CONTRACT TIMES
3 1 The Work shall be Substantially Completed by August 1, 2008 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, on August 11, 2008
3 2 Liquidated Damages OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraph 3 1
above plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions
They also recognize the delays, expenses and difficulties involved in
proving in a legal proceeding the actual loss suffered by OWNER if the Work
is not completed on time Accordingly instead of requiring any such
proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter
1 Section 00520 Page
SECTION 00020
INVITATION TO BID
Rev 10/20/07 Section 00020 Page 2
1) Substantial Completion
Three Hundred Dollars ($300 00) for each calendar day or
fraction thereof that expires after August 1, 2008 the date for
Substantial Completion of the Work until the Work is
Substantially Complete
2) Final Acceptance
After Substantial Completion, One Hundred Fifty Dollars
($150 00) for each calendar day or fraction thereof that expires
after August 11 2008 the date for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance
ARTICLE 4 CONTRACT PRICE
4 1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows
($), $ 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 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
2 Section 00520 Page
5 1 2 Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95- of the Contract
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 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
3 Section 00520 Page
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 1 Certificate of Substantial Completion
7 2 2 Certificate of Final Acceptance
7 2 3 Lien Waiver Releases
7 2 4 Consent of Surety
7 2 5 Application for Exemption Certificate
7 2 6 Application for Payment
7 3 Drawings, consisting of a cover sheet and sheets numbered
as follows
PG SHEET TITLE SHEET NO
1 Cover Sheet
ARCHITECTURAL
2 Plan Elevation
& Sections
SD-1
STRUCTURAL
3 Abbreviations &
Legends
S-1
4 Design Criteria
& General Notes
S-2
5 General Notes &
Plan Notes
S-3
6 Plans & Details
S-4
7 Details
S-5
4 Section 00520 Page
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
5 Section 00520 Page
OWNER CITY OF FORT COLLINS CONTRACTOR
By
JAMES B O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date
Attest
City Clerk
By
Title
Date
Attest
(CORPORATE SEAL)
Address for giving notices Address for giving notices
P 0 Box 580
Fort Collins CO 80522
LICENSE NO
Approved as to Form
Assistant City Attorney
6 Section 00520 Page
SECTION 00530
NOTICE TO PROCEED
Description of Work 6104 Northside Aztlan Community Center Handball Court
Masonry
T
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 O calendar days from
receipt of this notice as required by the Agreement
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be
20_ and 20, respectively
City of Fort Collins
OWNER
By
Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20_
CONTRACTOR
By
Title
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, 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 6104
Northside Aztlan Community Center Handball Court Masonry
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 Principal
(Corporate Seal)
IN PRESENCE OF
IN PRESENCE OF
(Surety Seal)
(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, 6104 Northside Aztlan
Community Center Handball Court Masonry
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
SECTION 00020
INVITATION TO BID
Date May 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 June 2, 2008 for the Northside Aztlan Community Center Handball Court
Masonry BID NO 6104 If delivered, they are to be delivered to 215 North
Mason Street 2"d Floor, Fort Collins Colorado, 80524 If mailed, the mailing
address is P 0 Box 580, Fort Collins CO 80522-0580
At said place and time and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud
The Contract Documents provide for the construction of Bid 6104 Northside
Aztlan Community Center Handball Court Masonry and includes construction of
masonry work, expanded metal ceiling and CMU block painting for two concrete
three -wall handball courts
All Bids must be an 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 May 12, 2008
A prebid conference and job walk with representatives of prospective Bidders
will be held at 10 00 a m , on Nay 20, 2008 at 215 North Mason Street,
Conference Room 2A Fort Collins
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting
The Contract Documents and Construction Drawings may be examined online at
1 City of Fort Collins BuySpeed https //secure2 fcgov com/bso/login isp
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
Rev 10/20/07 Section 00020 Page 1
PROVIDED FURTHER that the said Surety, for value received, hereby
stipulates and agrees that no change extension of time alteration or
addition to the terms of the Agreement or to the Work to be performed
thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms
of the Agreement or to the Work or to the Specifications
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied
PROVIDED FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER
IN WITNESS WHEREOF this instrument is executed in three (3)
counterparts, each one of which shall be deemed an original, this _ day
of , 20_
IN PRESENCE OF Principal
(Corporate Seal)
IN PRESENCE OF
IN PRESENCE OF
(Surety Seal)
By
(Title)
(Address)
Other Partners
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 00615 Page 2
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 6104 Northside Aztlan
Community Center Handball Court Masonry
PROJECT OR SPECIFIED PART SHALL LOCATION Fort Collins, Colorado
INCLUDE
OWNER City of Fort Collins
CONTRACTOR
CONTRACT DATE
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project
(or specified part of the project, as indicated above) is hereby declared
to be substantially completed on the above date
A tentative list of items to be completed or corrected is appended hereto
This list may not be exhaustive and the failure to include an item on it
does not alter the responsibility of the CONTRACTOR to complete all the
Work in accordance with the Contract Documents
ENGINEER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the
time indicated
By
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
specified area of the project at 12 01 a m on The
responsibility for heat, utilities, security, and insurance under the
Contract Documents shall be as set forth under 'Remarks' below
CITY OF FORT COLLINS, COLORADO By
OWNER
REMARKS
AUTHORIZED REPRESENTATIVE
Rev 10/20/07 Section 00635 Page 1
DATE
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO
20
Gentlemen
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 pro3ect, 6104 Northside Aztlan Community
Center Handball Court Masonry
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 Citv 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)
W;mi
(CONTRACTOR)
PROJECT 6104 Northside Aztlan Community Center Handball Court Masonry
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
Rev 10/20/07 Section 00650 Page 1
assigns arising out of the project for all loss damage and costs
including reasonable attorneys fees, incurred as a result of such
claims
5 The parties acknowledge that the description of the project set
forth above constitutes and adequate description of the property
and improvements to which this Lien Waiver Release pertains It
is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER the lender, if
any, and Surety on any labor and material bonds for the project
Signed this day of 20_
CONTRACTOR
M
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 6104 Northside Aztlan Community Center Handball Court Masonry
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)
Lo
ATTACH Power of Attorney and Certificate of Authority of Attorney(s)-
in-Fact
Rev 10/20/07 Section 00660 Page 1
SECTION 00670
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232 2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26114(1)(a)(XIX)
Le
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below This exemption does not Include or apply to the purchase or rental of equipment supplies and
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
=Reto be assigned by DOR)
Penod
0170-750 (999) $0 00
CONTRACTOR INFORMATION
Trade name/DBA
Owner partner or corporate name
Mailing address (City State Zip)
Contact Person
E Mail address
Federal Employers Identification Number
Bid amount for your contract
Fax Number
( )
Business telephone number
Colorado wthhoiding tax account number
EXEMPTION INFORMATION an con ssi�t tc�raci���rMeeatt�acheddp' nies
(2)ies
Name of exempt organization (as shown on contract)
Exempt organization s number
98 -
Address of exempt organization (City State Zip) —
Principal contact at exempt organization
Principal contacts telephone number
Physical location of project site (give actual address when applicable and Cities and/or County (as) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date I
completion date
I declare under penalty of pequry In the second degree that the statements made In this appllcatlon 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
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 projects
Upon receipt of the Certificate the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the 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 projects This should be your permanent number For instance if
you were assigned 89 12345 0001 every application submitted thereafter should contain 89 12345 on
the application The 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
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 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders
Sales Prohibited/Conflict of Interest No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services
to be rendered This rule also applies to subcontracts with the City
Soliciting or accepting any gift, gratuity favor entertainment kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of Fort Collins
By
James B O'Neill, II CPPO, FNIGP
Purchasing & Risk Management Director
Revco/20/07 Section 00020 Page 2
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee EJCDC No 1910 8 (1990 Edition) as a base Changes to
that dmuinent are shown by underlining text that has been added and
striking through text that has been deleted
EJCDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
TABLE OF CON) ENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
DEFINITIONS
I I
Add ads
12
Agreement
1 3
Application for Payment
14
Asbestos
1 5
Bid
1 6
Bidding Documents
17
Bidding Roquirements
18
Bonds
1 9
Change Order
I l0
Contract Documents
1 I I
Contract Price
112
Contract Tim es
111
CONTRACTOR
114
defective
1 1 ,
Drawings
1 16
Effective Date of the Agreement
117
ENGINEER
1 18
ENGINEERS Consultant
1 19
Field Order
120
General Requirements
121
Hazardous Waste
l 22 a
Laws and Regulations Laws or
Regulations
1 22 b
I gal Holidays
1 23
1 iens
124
Milestone
1 25
None, of Award
1 _6
Notice to Proceed
127
OWNER
1 28
Partial Utilization
129
PCBs
130
Petroleum
131
Project
l 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
1 39
Supplementary Conditions
140
Supplier
1 41
Underground Facilities
1 42
Unit Price Work
143
Wort.
144
Work Change Direotn e
1 45
Written Amendment
Page Article or Paragraph
Number Number & Title
23
3
3
3
3
Page
Number
PRELIMINARY MATTERS
3
>I
Delivery of Bonds
3
22
Copies of Documents
3
23
f ommencement of Contract
Times Notice to Proceed
3
24
Starting the Work
3
2 � 27
Before Starting Construction
CONTRACTOR s Responsibilit)
to Report Preliminary Sche&les
Delivery of Certificates of
Insurance
3 4
28
Preconstruction Conference
4
29
Initially Acceptable Schedules
4
CONTRACT DOCUME'NFS INTENT
AMENDING RI USE
3 1 32 Intent
3 3
Reference to Standards and Speei
tmstions of Technical Societies
Reporting and Resoh ing Dis
crepancies
4
34
Intent of Certain Terms or
Adjectives
3 5
Amending Contract Docun ents
36
Supplementing Contract
Documents
37
Reuse of Docum ents
AY AIL ABILITY OF LANDS
SUBSURFACE AND PHYSICAL CONDITIONS
REFERENCE
POINTS
5
4 1
Alailebdrty of Lands
5 6
42
Subsurface and Physical
(conditions
6
42 1
Reports and Drawings
6
422
Limited Reliance by CONTRAC
TOR Authorized Technical
Data
6
4 2 3
Notice of Differing Subsurface
or Physical Condmons
6
4 2 4
ENGINEER s Review
6
42 5
Possible Contract Documents
Change
6
4 2 6
Possible Prue and Times
Adjustments
6 7
43
Physical Coniittons Underground
Facilities
7
43 1
Shown or Indicated
7
43 2
Not Shown or Indicated
7
44
Reference Points
7
E1CDC GENERAL CONDITIONS 1910 6 (1990 EDITION)
w/ ❑TV OF FORT COLLI VS MODIFICATIONS (REV 9199)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Num her
45
Asbestos, PCBs Petroleum
Hazardous Waste or
Radmacin a Material
s BONDS AND
INSURANCE
5 1 1 '
Perform ance Payment and Other
Bonds
53
I wensed Sureties and Insurers
Certificates of Insurance
54
CONTRACTORS Liability
Insurance
55
OWNERs Liability Insurance
16
Property Insurance
7
Boiler and Machinery or Addi
tional Property Insurance
5 8
Notice of Cancellation Proxsion
59
CONTRACTORS Responsibdity
for Deductible Amounts
5 10
Other Special Insurance
5 11
Waiver of Rights
5 12 5 13
Receipt and Application of
Insurance Proceeds
5 14
Acceptance of Bonds and Insu
once Option to Replace
5 15
Partial Utilization Property
Insurance
6 CONTRA(TOR S RESPONSIBILITIES
6 1 6 2
Supervision and Superintendence
63 65
Labor Materials and Equipment
66
Progress Schedule
67
Substitutes and Or Equal Items
CONTRACTOR s Eepensc
Substitute Construction
Methods or Procedures
ENGINEERS Evaluation
6 8 6 11
Concerning Subcontractors
Suppliers and Others
W ate er of Rights
6 12
Patent Fees and Royalties
613
Permits
C 14
Laws and Regulations
615
Taees
616
L se of Premises
o 17
Site Cleanliness
618
Safe Structural Loading
619
Record Documents
620
Safety and Prot ction
621
Safety Represenu nve
6-2
Hazard Communication Programs
623
Emergencies
624
Shop Drawings and Samples
78
8
8
8
9
9
9 10
10
10
10
10
I
n11
11
12 13
13 14
14
14
14
14 15
15
U
15
15
15 16
16
16
16
16
625
Submittal Proceedures CON
TRACTOR s Review Prior
to Shop Drawing or Sample
Submittal
16
626
Shop Drawing & Sample Submit
talc Review by ENGINEER
16 17
627
Responsibility for Variations
From Contract Docum ents
17
6 28
Related W ork Performed Prior
to ENGINEER s Review and
Approval of Required
Submittals
17
n 2Q
Continuing the Work
17
630
CONTRACTORS General
Warranty and Guarantee
17
6316a3
Indemnification
17 IS
634
Survival of Obligations
18
7 OTHER WORK
71 73
Related W ork at Site
74
Coordination
8 OWNERS RESPONSIBILITIES
8 1
Communications to CON
TRACTOR
82
Rcplacem -tit of ENGINEER
83
Furnish Data anclPay Promptly
When Due
84
lands and Easements Reports
and Tests
85
Insurance
96
Change Orders
87
Inspections Tests and
Approvals
8 8
Stop or Suspend Work
Terminate CONTRACTORS
Services
N 9
Limitations on OWNERS
Responsibilities
810
Asbestos PCBs Petroleum
Hazardous W aste or
Radioactive Materal
811
EN idenee of Financal
Arrangements
Q ENGINEERS SIAIUS DURING
CONSTRUCTION
91
OWNERS Representative
9 _
Visits to Site
93
Project Representehe e
94
( larifications and Interpre
tations
95
Authorized Variations in tusk
18
18
18
18
18
18
18
18 19
19
19
LK
19
19
19
19
19
19
19
1921
l
at F]CDC GENERAL CONDITIONS 1910 8 p990 EDITION
w/ 07f OF PORT r,OLLINS MODIFICA ❑ONS (MN W991
Article or Paragraph
Page
Article or Paragraph
Page
Number & I itle
Number
Number & Title
Number
0 o
Rejecting Defective Work
'1
13 8 13 9
Lncovering Work at ENGI
97 99
Shop Drawings Change Orders
NEERs Request
27 18
and Payments
21
1310
OWNER May Stop the Weak
'8
9 U)
Determinations for Um[ Pne.eB
21 22
13 11
Correction or Removal of
911 9 12
Decisions on Disputes ENGI
Defective Wort.
28
NEER as Initial Interpreter
22
13 1'
Correction Period
28
9 13
Limitations on ENGINEERS
13 13
Acceptance ofDefective Work
28
Authority and Responsibilities
22 23
13 14
OWNER May Correct Defecnve
Work
28 29
CHANGES IN THE WORK
23
10 1
OWNER s Ordered Change
'3
14 PAYMENTS TO CONTRACTOR AND
In 2
Claim for Adjustm ent
'3
COMPLETION
_9
103
Work Not Required by Contract
141
Schedule of % aloes
,9
Documents
'1
141
Application for Progress
104
Change Orders
13
Payment
29
10 5
Nontication of Surety
'3
143
CONTRACTOR Warranty of
Title
9
CHANGE OF CONTRACT
PRIG E
13
144 147
ReN iew of Applications for
I 1 113
Contract Price Claim for
Progress Payments
29 30
Adjustment %aloe of
14 8 14 0
Substantial Completion
30
the Work
23 24
1410
Partial Utilization
30 31
11 4
C cst of the W ork
2425
1411
Final Inspection
31
11 5
Exclusions to Cost of the Work
'S
14 1'
Final Application for Payment
31
110
CONTRAC.TORs Fee
25
14 13 14 14
Final Payment and Acceptance
31
N 7
Cost Records
2' 26
14 15
Waiver of Claims
31 32
11 8
Cash Allowances
'6
I l 9
Unit Price Work
26
15 SUSPENSION
OF WORT, AND
TERbIINATION
32
CHANGE OF CONTRACT
TIMES
26
15 1
OWNER Mav Suspend Work
32
121
Claim for Adjustm ent
'6
15' U4
OWNER MaN Terminate
3-
12 _
lone of the Essence
26
1 ' 5
CONTRACTOR May Stop
123
Delays Beyond CON[ RACCTORs
Work or Terminate
3' 31
Control
2627
12 4
Delays Beyond OWNERS and
16 DISPUTE RESOLUTION
9
CONTRACTOR. Control
27
17 MISCELLANEOUS
33
TESTS AND INSPECTIONS CORRECTION
171
Giving None
33
REMOVAL OR
ACCEPT AN( E OF
17'
Computation of Times
33
DEFFCTI[ E W
ORk
27
173
Notice of Claim
33
131
Notice of Defects
27
174
Cumulative Remedies
33
132
Access to the Work
27
17 5
Professional Fees and Court
13 3
Tests and Inspections
Costs Included
33
CONTRACTORS Cooperation
27
176
Applicable State Laws
33 34
134
OWNERS Responsibilities
Intentionally left blank
3�
Independent Testing Laboratory
27
13 5
CONTRaCTORs
EVEBIT GC A
(Optional)
Responsibilities
27
Dispute Resolution Agreement
GC Al
136 13 7
Covering W ork Prior to Inspec
16 1 166
Arbitration
GC Al
non Testing or Approial
27
Ib 7
Mediation
GC Al
Elr M OENERA CONDITIONS 1910 8 (1990 EDITIOVI
w CITY OF FORT COUINS MODIFICATIONS (REV 9,99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of
Bonds and Insurance
5 14
defective Work
10 4 1 13 5 13 13
final payment
9 12 14 15
insurance
5 14
other Work, by CONTRACTOR
73
Substitutes and Or Equal Items 6 71
Work by OWNER
25 630 634
Access to the
Lands OWNER and CONTRACTOR
responsibilities
4 1
site related Work
72
Work
132 13 14 149
Acts or Omissions Acts and Omissions
CONTRACTOR
691 9133
FNGINEER
6 °0 9 13 3
OWNER
620 89
Addenda definition of (also see
definition of Specifications)
(l 6 1 10 6 19) 1 1
Additional Prcpert} Insurances
7
Adjustments
Contract Price or Contract
Times 15
35 41 432 45�
411
94 95 102104
11 12 148 151
progress schedule
66
Agrwment
definition of
12
All Risk Insurance policy form
562
Allowances Cash
11 8
Amending Contract Documents
35
Amendment Written
in general 1 10 145
3 5 1 10 5 12 6 6 2
6 8 '
619 101 104 112
121 13122 147_
Appeal OWNER or CONTRACTOR
intent to
9 10 9 11 10 4 16 2 16 5
Application for Payment
definition of
1 3
ENGINEERS Responsibility
99
final payment
9 13 4 9 13 5 14 12 14 15
ingeneral
28 29 564 910 155
progress payment
14 1 147
review of
144 147
Arbitration
161 166
Asbestos
claims pursuant thereto
4 � - 4 5 3
CONTRACTOR authorized to stop Work 4 5 2
definition of
14
Article or Paragraph
Number
OWNER responsibility for
451 810
passible price and times change
4 5 2
Authorized A ariatoons in Work
36 625 627 9�
Availability of Lands
41 84
Award, Notice of defined
125
Before Starting Construction
2 � 8
Bid definition of 1 5
(1 1 1 In ^ 3 33
4164 613 It43 1191)
Bidding Documents definition
of
1 6 (6 8 2)
Bidding Requirements definition
of
1701 4262)
Bonds
acceptance of
5 14
additional bonds
105 11459
Cost of the Work
11 5 4
definition of
1 8
deliver} of
21 5 1
final Application for Payment
14 12 14 14
general
1 l0 > 1 5 3 5 13
913 105 1476
Performance Payment and Other
5 l 5
Bonds and Insurance in general
Builders risk all risk policy form
62
Cancellation Provisions Insaranc
54 11 5 8 5 15
Cash Allowances
11 8
Certihcate of Substantial Completion
138 630 3
148 1410
Certificates of Inspection
9134 135 14 1-
Certilocates of Insurance 27
53 5411 54 13
565 58
514 9 13 4 1412
Change in Contract Price
Cash Allowances
11 8
claim for price
adjustment 41 426
45 5 1 � 680 94
95 9It
102 105 112 139
1313
1314 147 151 155
CONTRAC rORs fee
116
Cost of the Work
general
114 11 7
Exclusions to
It )
Cost Records
11 7
mbeneral 119144 911 1041 1043 11
Lump Sum Pricing
1132
Notification of Surety
105
Scope of
103 104
Testing and Inspection
Uncovering the Work
139
EICDC GENERAL (`O DITIONS 1911) 8119W LDrnONi
W CITY OF FORT COLLINS MODIFICA (IONS (REV J199)
Unit Price Work
119
CONTRACTORSFee
116
Article or Paragraph
Article
or Paragraph
Number
Number
Value of Work
113
CONTRACTOR s liability 54
612 616 o31
Change in Contract Tunes
Cost of the Work
114 11 5
Clam for tunes adjustment
41 416 45 5 15
Decisions on Disputes
9 11 9 12
6 8 2 94 95 911
102 10 > 121
Dispute Resolution
161
13 9 13 13 13 14 14 7 15 1 15 5
Dispute Resolution Agreement
161 166
Contractual time fim its
12 2
ENGINEER as initial mtetpretur
911
Delays beyond CONTRA( .TOR a
Lump Sum Pricing
11 3 -
control
12 3
Notice of
17 3
Delays bevond OWNERS and
OWNERS 9 4 9 5 9 11
10 2 11 2 119
CONTRACTORs control
12 4
111 139 1313
1314 173
Notification of surety
105
OWNERS liability
5 >
Scope of change
103 104
OWNER may refuse to make payment
147
Change Orders
Professional Fees and Court Costs
Acceptance otDeje five Work
13 13
Included
175
Amending Contract Documents
3 >
request for formal decision on
911
Cash Allowances
11 8
Substitute Items
6 7 1 2
Change of Contract Price
11
Time Extension
121
Change of Contract Times
1,
Time requirements
9 11 1_ 1
Changes in the Work
10
Unit Price W ork
11 9 3
CONTRACTORS fee
116
Value of
11 3
Cost of the Work
114 11 7
Waiver of cn Final Payment
14 14 14 15
Cost Records
11 7
Work ( hange Directive
10 2
definition of
1 9
written notice required
9 11 11 2 1 1
emergencies
6 °3
Clarifications and Interpretations
3 6 3 94 911
ENGINEERS responsibility
98 104 112 12 1
Clean Site
6 17
execution of
104
Codes of Technical Society Organization
indeinnifiction 612 616 631 633
or Association
3 13
Insurance Bonds and
5 10 5 13 10 5
Commencement of Contract Times
'3
OWNER may terminate
1521>4
Communications
OWNERS Responsibility
$ 6 104
general
62 6 9 2 St
Physical Conditions
Hazard Communication Programs
6''2
Subsurface and
42
Completion
Underground Facilities
4,2
Final Application for Payment
14 12
Record Documents
619
Final Inspection
1411
Scope of Change
103 104
Final Payment and Acceptance
14 13 1414
Substitutes
6 7 3 6 8 2
Partial Utilization
14 10
Unit Price Work
119
Substantial Completion
1 38 148 149
value of Work covered by
113
Waiver of Claims
14 15
Changes in the Work
In
Computation of Times
172 1 17
Notification of surety
10 5
Concerning Subcontractors Suppliers
OWNERS and CONTRACTORS
and Others
6 8 o l l
responsibilities
10 4
Conferences
Right to an adjustment
102
initially acceptable schedules
20
Scope of change
103 104
preconstruction
2 8
Claims
Gontliel Error Ambiguity Discrepancy
against CONTRACTOR
6 16
CONTRACTOR to Report
5 3 3 2
against ENGINEER
632
Construction before starting by
against OWNER
63
CON I RACTOR
2 5_ 7
C hange of Contract Price
94 11 2
Construction Machinery I-quipment etc
64
Change of Contract Times
94 121
Continuing the Work
6 ?9 104
(ONTRACTORs 4 71
94 9 s 911 102
Contract Documents
I l i 119
12 1 13 9 14 8
Amending
3 5
15 1 15 5 173
Bonds
> I
FICDC GENERAL CONDITIONS 1910 811990 hD1IION)
w CITY OF FORT COLLINS MODIFICATIONS (UV 9199)
Cash Allowances 11 8 Stop Work requirements 4 5 2
CONTRACTORs—
Article or Paragraph
Number
Change of Contract Price
11
Change of Contract Times
12
Changes in the W or1C
104 105
check and verity
25
ClTnfications and
Interpretations 32 36
94 9 11
definition of
110
ENGINEER as initial interpreter of
911
ENGINEER as OWNER s representative
91
general3
Insurance
53
Intent
3 1 34
minor variations in the Worts
36
OWNERS responsibility to furnish data
93
OWNER s responsibility to make
prompt payment 83 144
1413
precedence
3 l 3 3 3
Record Documents
6 19
Reference to Standards and Specifications
of Technical Societies
3 3
Related Work
7 2
Reporting and Resolving Discrepancies
2 5 3 3
Reuse of
3 7
Supplementing
3 6
Term matron of ENGINEER s Employm ent
82
Unit Price Work
119
variations 36 623 627
\islts to Site ENGINEFR s
9
Contract Price
adlustm ent of 31 41 94 11)3
112113
Change of
It
Decision on Disputes
9 11
definition i f
I 11
Contract Times
adlustm ent of 35 41 94
103 12
( hange of
121 124
Commencement of
2 3
definition of
1 1°
CONTRACTOR
Acceptance of Insurance
5 14
Communications
62 69=
Continue W ork 629 104
coordination and scheduling
o 92
definition of
1 13
Limited Reliance on Technical
Data Authorized
422
May Stop Work or Terminate
h 5
provide site access to others
72 13-
Safety and Protection 43 1 2 6
16 618
621 623
72 131
Shop Drawing and Sample Review
Prior to Submittal
625
Article or Paragraph
Number
Compensation,
l 1 l 112
Continuing Obligation
1415
Defective Work 96 13
10-13 14
Dutv 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 2 5 3
3 2 6142
Underground Facilities not indicated
4 3 2
Emergencies
623
Equipment and Machinery Rental Cost
of the Work
11 4 5 3
Fee Cost Plus l 1 4 5 6 11
5 1 11 6
General Warranty and Guarantee
630
Hazard( ommunication Programs
6 -
Indemnification 612 61E
631 633
Inspection of the Work
71 134
labor Materials and Equipment
6 3 6 5
Laws and Regulations, Compliance by
6 14 1
Liability Insurance
54
Note of Intent to Appal
9 10 104
obligation to perform and complete
the Work
o 30
Patent Fees and Royalties paid for by
6 12
Performance and Other Bonds
5 1
Permits obtained and paid for by
613
Progress SChedu7c -6 2 8 29 66
629 104
1521
Request for formal decisionon disputes
911
Responsibilities
Changes in the Work
101
Concerning Subcontractors Suppliers
and Others
68 6 It
Continuing the Work
629 104
CONTRACTOR expense
6 7 1
CONTRACTOR s General Warranty
and ouatantee
630
CONTRACTOR s review prior to Shop
Drawing or Sample submittal
625
Coordination of Work
692
Emergencies
623
ENGINEERsovaluation Substitutes
or Or Equal Items
673
For Acts and Omissions
of Others 6 9 1 6 9_ 9 13
for deductible amounts insurance
59
general 6 72
73 89
Hazardous( ommtnication Programs
6 2
Indemnification
6 31 633
EICDC (tENER A. CONDITIONS 191U 8 (199U EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS ( % 9/99)
Labor Materials and Equipment
6 3 6 v
CONTRA( TORS other
7
Laws and Regulations
6 14
( ontractual Liability foam once
54 10
Liability Insurance
54
Contractual Time Limns
122
Article or
Paragraph
Article
or Paragraph
Number
Number
Notice of variation from Contract
Coordination
Documents
627
CONTRACTOR s responsibility
691
Patent Fees and Royalties
6 12
( opies of Documents
2 2
Permits
613
Correction Period
1312
Progress Schedule
66
Correction Removal or Acceptance
Record Documents
619
of Defective Work
related Work performed prior to
in general 1041
1110 13 14
ENGINEER approval of required
Acceptance ofDefeetive Work
13 13
subm trials
628
Correction or Removal of
safe structural loading
6 18
Defective Work
630 13 11
Safety and Protection 620
72 13 2
Correction Period
13 1
Safety Representative
621
OWNER May Correct Defective Work
1314
Scheduling the Work
o 9 2
OWNER May Stop Wort.
1310
Shop Drawings and Samples
6 24
( cs[
Shop Drawings and Samples Re%few
of rests and Inspections
134
by ENUINEER
6 26
Records It 7
Site Cleanliness
b 17
Cost of the Work
Submittal Procedures
6 25
Bonds and insurance additional
11 4 5 9
Substitute Construction Methods
Cash Discounts
11 4 2
and Procedures
6 7 2
CONTRACTOR s Fee
110
Substitutes and Or Equal Items
6 7 1
Employee Expenses
11 4 5 1
Superintend ace
6 2
Exclusions to
11 5
Supervision
61
General I14115
Survival of Obligations
634
Home office and overhead expenses
115
Taxes
6 15
Losses and damages
114 5 6
Tests and Inspections
13 5
Materials and equipment
1142
To Report
2 �
Minor expenses
11458
Use of Premises 6 16 6 18
6 30 14
Payroll costs on changes
11 41
Review Prior to Shop Drawing a
performed by Subcontractors
11 4 3
Sample Submittal
625
Records 117
Right to adjustment for changes in the Work
102
Rentals of construction equipment
right to claun 4 7 1 9 4 9 5) 11
10 2 11 2
and machinery
114 5 3
119121139149 151
1�5173
Rovalt) payments permits and
Safety and Protection 6 ^0 622
7 2 132
license fees
114 5 s
Safety Representauve
621
Site office and temporary facilities
114 _
Shop Drawings and Samples Submittals
6 24 o 28
Special Consultants, CONTRACTORS
11 44
Special Consultants
11 4 4
Supplemental
11 4 5
Substitute Construction Methods and Procedures 6 7
Taxes related to the Work
11 4 5 4
Substitutes and Or Equal Items
Tess and Inspection
134
Expense o
7 1 67 ^
Trade Discounts
11 4 _
Subcontractors Suppliers and Others
6 8 o l l
Utilities fuel and sanitary facilities
11 4 5 7
Supervision and Superintendence 61
62 6 1
Work after regular hours
11 4 1
Taxes, Payment by
o 15
Uvenng Work
136 137
Use of Premises
b 16 6 18
Cumulative Remedies
174 17 ,
Warranties and guarantees
6 5 630
Cutting fitting and patching
7 ^
Warranty of Title
14 3
Data to be tarnished by OWNER
8 3
Written Notice Required
Day definition of
17 -2
C ONTRAC rOR stop W ork or terminate
15 5
Decisions on Disputes
9 11 9 12
Reports of Differing Subsurface
defe rive definition of
1 14
and Physical Conditions
4 ^ 3
defective Work
Substantial Completion
148
Acceptance of
1041 1313
v
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99)
( orrection or Removal of
Correction Period
in general
1041 13 11 OWNERs Representative
13 12 Payments to the CONTRACTOR
13 147 1411 Responsibility for
Recommendation of Payment
Article or Paragraph
Number
Observation by ENGINEER
9-
OWNER May Stop Work
11 10
Prom pt Notice of Defects
131
Rejecting
J 6
Uncovering the Work
138
Definitions
I
Delays 4 1 629 123 124
Delivery of Bonds
2 1
Delivery of certificates of insurance
' 7
Determinations for Unit Prices
9 10
Differing Subsurface or Physical Conditions
Notice of
4 2 3
ENGINEER s Review
424
Possible Contract Documents Change
4 2 5
Possible Price and Times Adjustments
4 2 6
Discrepancies Reporting
and Resolving 2 5 3
3 2 6 14'
Dispute Resolution
Agreement
16 1 166
Arbitration
16 t 16 5
genera116
Mediation
166
Dispute Resolution Agreement
161 I6 6
Disputes Decisions by ENGINEER
911 9 12
Documents
Copies of
22
Record 6 19
Reuse of
37
Drawings definition of
1 15
Easements
4 1
Effective date of Agreement definition of
1 16
Emergencies
623
ENGINEER
as initial interpreter on disputes
911 9 12
definition of
1 17
Limitations on authority -ind responsibilities
9 13
Replacement of
8 2
Resident Ptoject Representative
93
ENGINEER s Consultant definition of
l is
ENGINEERS
authority and responsibility limitations
on 913
Authorized Variations in the Work
9 5
Change Orders responsibility for
97 10 11 12
Clarifications and Interpretations
3 6 3 ) 4
Decisions on Disputes
911 91,
defective Work notice of
131
Evaluation of Substitute Items
6 7 3
Liability
63' 912
Notice Work is Acceptable
14 13
ObsersationS
6 30 2 92
91
99 14
144 1413
Article or Paragraph
Number
Responsibilities Limitations on
Review of Reports on Differing Subsiufac
and Physical Conditions
Shop Drawings and Samples review
responsibility
Status During Construction
authorized variations in the Work
Clarifications and Interpretations
Decisions on Disputes
Determinations on Unit Price
ENGINEER as Initial Interpreter
ENGINEERS Responsrbrhbes
Limitations on ENGINEER s Authoni
and Responsibilities
OWNERS Representative
Project Representative
Rejecting Defective Sb ork
Shop Drawings Change Orders
and Payments
Visits to Site
Unit Price it terminations
Visits to Site
Written consent required
Equipment, I abor Materials and
Equipment rental Cost of the Work
Equivalent Materials and Equipment
error or omissions
Evidence of Financial Arrangements
Explorations of physical conditions
Fee CONTRACTORS CostsPlus
Field Order
definition of
issued by ENGINEER
Final Application for Payment
Final Inspection
Final Payment
and Acceptance
Prior to for cash allovances
General Provisions
General Requirements
definition of
911913
424
626
95
94
911 912
q10
911 912
9191.
9 13
91
93
96
97)9
92
9 10
92
72 91
6 3 6 a
11453
67
6 33
8 11
4'1
116
1 19
3C1 95
1412
14 11
14 13 1414
11 8
173 174
principal references to 2 6 64 6 o 6 7
(jrvmg Notice
Civarantee of Work by CONTRACTOR 630
Hazard Communication Programs
Hazardous Waste
definition of
general
OWNERS responsibihri for
120
6 ^_4
171
1412
622
1 21
4�
8 10
E16DC GENERAL CONDITIONS 1910 S (1990 EDITION)
w/ C11'Y OF FORT COLLINS MODIFICA ❑ONS (REt 9/99)
SECTION 00100
INSTRUCTIONS TO BIDDERS
Indemnification 612 616 631 633
Insurance
53
Initially Acceptable Schedules
29
Precedence
3 1 3 3 3
Inspection
Reference to
3 3 1
Certificates of 9 13 4
13 5 1412
Safety and Protection 6 0 13 2
Final
1411
Subcontractors Suppliers and Others
6 8 6 11
Article or Paragraph
Article or
Paragraph
Number
Number
Special required byENGINEER
9 6
Tests and Inspections
13 �
Tests and Approval 8
7 13 3 134
Use of Premises
6 16
Insurance
Visits to Site
i2
Acceptance of by OWNER
5 14
Liability Insurance
Additional required by changes
CONTRACTORLs
4
in the Wort.
11459
OWNERS
5
Before starting the Work
2 7
Licensed Sureties and Insurers
5 3
Bonds and in general
5
Liens
Cancellation Provisions
5 8
Application for Progress Payment
142
Certificates of 2 7� 13 5 4 11 5 4 13
CONTRACTORs Warranty of Title
143
,65 58 514 9
13 4 14 12
Final Application for Payment
14 12
completed operations
54 13
definition of
1 23
( ONTRACTORs Liability
5 4
Wan er of Claims
14 b
CONTRACTORS objection to coverage
5 14
Limitations on ENGINEER s authority and
( ontractual Liabdiry
5 4 10
responsibilities
9 13
deductible amounts CONTRACTORS
Lim ited Reliance by CONTRACTOR
responsibility
19
Authorized
4
Final Application for Payment
14 I�
Maintenance and Operating Manuals
Licensed Insurers
5 3
Final Application for Payment
14 11
Notice requirements mat nal changes
' 8 10 5
Manuals (of oth rs)
Option to Replace
514
Precedence
3 3 3 1
other special insurances
5 10
Reference to in Contract Documents
3 3 1
OWNER as fiduciary tot insureds
11 5 lu
Materials and equipment
OWNERS Liability
5 5
furnished by CONTRACTOR
o 3
OWNERS Responsibility
S 5
not incorporated in Work
14 2
Partial 1 tdization Property Insurance
5 15
Matcnals or equipment equivalent
6 7
Property
56 5 10
Mediation (Optional)
167
Receipt and Application of Insurance
Milestones definition of
124
Proceeds
5 1' 5 13
Miscellaneous
Special Insurance
5to
( omputation of Times
172
W aiver of Rights
> 11
Cumulative Remedies
174
Intent of Contract Documents
3 1 3 4
Civing Notice
171
Interpretations and Clarifications
3 6 3 94
Nonce of Claim
173
Investigations of physical conditions
4-
Protessional Fees and Court Costs Included
17,
Labor Materials and Equipment
6 3 6,
Multi prime contracts
7
Lands
Not Shown or Indicated
43 ^_
and Easements
8 4
Notice of
AN ailability of
4 1 8 4
Acceptability of Project
1413
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
104
Differing Subsurface or Physical Cunditions
42 3
Contract Documents
3 1
Giving
17 1
CONTRAC FOR s Responsibilities
614
Correction Period defective Work
13 12
Tests and Inspections
13 3
Cost of the Work taxes
11 4 5 4
b artation Shop Drawing and Sample
627
definition of
I °
Notice to Proceed
genera16 14
definition of
1 16
Indemnification
631633
givingot
_3
EXI)C OENEitA CONDITION819I0 8 (1990 ED1110V)
/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199)
Notification to Surety
10 �
testing independent
Observations by ENGINEER
630 92
use or occupancy
Occupancy of the Work 5 15
6 30 2 4 14 10
of the Work
Omissions or acts by CONTRACTOR
69 9 13
written consent or approval
Open Peril policy term Insurance
5 6 2
required
Option to Replace
5 14
Article
or Paragraph
%umber
Or Equal Items
67
Other work 7
Overtime Work prohibition of
63
OWNER
Acceptance ofdefeane Work
13 13
appoint an ENGINEER
8 2
as trductary
> 11 5 13
Availability of Lands responsibility
41
definition of
1 J
data turnish
8 ,
May Correct Defective Work
1314
May refuse to make payment
147
May Stop the Wort.
13 10
Mae Suspend Work
Terminate 8 8
13 10 15 1 15 4
Payment make prompt
8 3 144 14 13
performance of other work
7 1
permits and licenses requirements
o 13
purchased insurance requirements
56 � 10
OWNERs-
Acceptanceof 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 ( onstructron
ENGINEERS Status
Responsibilities
Asbestos PCBs, Petroleum Hazardous
Waste or Radioactive Maten it
Change Orders
Changes in the Work
communications
CONTRACTOR s responsibilities
evidence of financial arrangements
inspections tests and approvals
63025
86 104
81
74
911
87 134
5�
13 1
insurance
lands and easements
prompt payment by
replacement of ENGINEER
reports and tests
stop or suspend Work 8 8 13 10
terminate (,ONTRACTORs
91
8 10
86
101
81
89
8 11
87
8D
84
83
82
84
is I
Services 8 8 152
separat representative at sit 9 3
134
� U 63024 1410
91 o, 114
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION
W CITY OF FORT COLLINS MODIFICATIONS (REN 9 99)
Article or Paragraph
Number
written notice required
71 94 911
112 119147 IS4
PCBs
definition of
129
general
4 S
OWNERS responsibihh for
8 10
Partial Utilization
definition of
128
general 0 30 2 4 1410
Property Insurance
15
Patent Fees and Royalties
6 12
Payment Bonds
1 5 2
Payments Recommendation of
144147 1413
Payments to CONTRACTOR and Completion
Application for ProgressPayments
l4 2
CONTRACTORS Ikarranry of Title
143
Final Application for Payment
14 12
Final Inspection
14 11
Final Payment and Acceptance 14
13 14 14
general
$ 3 14
Partial Utilization
14 10
Retainage
142
Review of Applications for
Progress Payments
prompt payment
Schedule of Values
Substantial Completion
Waiver of Claims
when payments due
withholding payment
Performance Bonds
Permits
Petroleum
definition of
general
OWNERS responsibility for
Physical I ondittons
Drawings of in or relating to
ENUFNEER s review
existing structures
general 2 1 2
Notice of Differing Jubsurface or
Possible Contact Documents Change
Possible Price and Times Adjustments
Reports and Drawings
Subsurface and
Subsurface Conditions
Technical Data Limited Reliance by
CONTRACTOR Authorized
Underground Facilities
general
Not Shown or Indicded
Protection of
144 147
83
14 1
148149
1415
34 1413
147
152
611
130
4�
8 10
4212
424
422
423
42S
426
421
42
4211
422
Article or Paragraph
Number
Shown or Indicated 4 3 1
f echnical Data 422
Preconstruction Conference 2 8
Preliminary Matters 2
Preliminary Schedules 26
Premises Use of 6 166 18
Price Change of Contract
Price Contract definition of 1 it
Progress Payment Applications for 142
Progress Payment retainage 14 2
Progressschedule CONTRACTORS 26 28 29
66 629 104 1521
Project definition of 131
Project Representative
ENGINEERs Status During Construction
Project Representative Resident definition of
prompt payment by OWNER
Property Insurance
Additional
generate 6 5 10
93
133
83
57
Partial Utilization
5 IS 1410
receipt and applicatmn of proceeds
5 12 S 13
Prot etton Safety and
620621 132
Punch list
1411
Radioactive Mat cal
d fiction of
132
general4 5
OWNER s responsibility for
810
Recommendation of Payment 144
145 1413
Record Documents
61Q 1412
Records procedures for maintaining
' 8
Reference Points
44
Reference to Standards and Specifications
of Technical Societies
3 3
Regulations Laws and (or)
6 14
Ryectmg Defechve Work
96
Related Work
at Site
71 73
Performed prior to Shop Drawings
and Samples submittals review
6'8
Remedies cumulative
174 17S
Removal or Conection otDefeerase Wort.
13 11
rental agreements OWNER approval required
1145 3
replacement of ENGINEER, by OWNER
8 2
Reporting and Resolving
Discrepancies ' 5 3
3 2 6 14
Rcpurts
and Drawings
41 1
and Tests OWNERS responsibility
84
Resident and Project Representative
definition of
1 33
43
432
43 620 provision for
93
E1C )C GENERAL CONDITIONS 1910 811990 FDITION)
w ❑TY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR
s o 2
Responsibilities
submittal required
6 24 1
CONTRACTOR in general
6
Submittal Procedures
625
use to approa e substitutions
673
Shown or Indicated
43 1
ENGINEER s in general
9
Site Access
72 132
Limitations on
913
Site Cleanliness
617
OWNERS in general
8
Site Visits to
Retamage
14 2
by ENGINEER
92 132
Reuse of Dectun ents
17
by others
132
Reiievi by CONTRACTOR Shop Drawings
special muses of loss policy form
and Samples Prim to Submittal
615
insurance
6 2
Review of Applications for
definition of
1 36
Progress Payments
144147
Specifications
Right to an adjustment
102
defination of
136
Rights of Way
41
of Technical Societies reference
to 3 3 1
Royalties Patent Fees and
6 12
precedence
3 3 3
Sate Structural Loading
618
Standards and Specifications
Safety
of Technical Societies
3 3
and Protection
4 3 2 616 618
Starting Construction Before
2 5 28
620621
72 132
Starting the Work
-4
general
6 '0 623
Stop or Suspend Work
Representative CONTRACTOR s
6 �1
by CONTRACTOR
155
Samples
bA OWNER
8 8 13 10 15 1
definition of
1 34
Storage of materials and equipment
41 72
general
6-4 628
Structural Loading Safety
619
Review by CONTRACTOR
625
Subcontractor
Review by ENGINEER
6 6 627
Concerning
68 o l l
related Work
o 28
definition of
1 37
submittal of
b 24 2
delays
123
submittal procedures
625
waiver of rights
611
Schedule of progress
26 18 29 66
Subcontractors in general
68 6 1 1
6 29 11) 4 15 2 1
Subcontracts required provisions
5 It 6 11 11 4 3
Schedule of Shop Drawing and Sample
Subm trials
Submittals 26 2 8 2 9 6 14-6 _8
Applications for Payment
142
Schedule of Values
26 28 2) 14 1
Maintenance and Operation Manuals
1412
Schedules
Procedures
625
Adherence to
15 -1
Progress Schedules
2 b 29
Adjusting
6 6
Samples
624628
Change of Contract Times
104
Schedule of haloes
26 14 1
Initially Acceptable
28 19
Schedule of Shop Drawings and Samples
Prelim mary
9 6
Submissions
16 28 29
Scope of Changes
103 104
Shop Drawings
6 24 6 28
Subsurface Conditions
4 21 1
Substantial C ompletion
Shop Drawings
certification of
o 302 3 148 149
and Samples general
b 24 628
definition of
138
Change Orders & Applications for
Substitute Construction Methods or Procedures 6 7 2
Payments and
9 7 9 9
Substitutes and Or Equal Items
6 7
definition of
135
CONTRACTOR s Eep mse
6713
ENGINEER s approval of
3 6
ENGINEERS E%aluation
6 7 3
iN(iINEERs responsibility
Or Equal
67 11
for review
97 624628
Substitute Construction Methods
related Work
6°8
ra iew procedures
' 8 624628
EICDC GENERAL CONDITIONS 1910 8 (1990 EDITION)
w = OF FORT COLLINS MODIFIC ATIONS (ReT 9 99)
Temporary construction facilities
4 1
Article
or Paragraph
Article or Paragraph
Number
Number
or Procedures
o72
Termination
Substitute Items
6711
by CONTRAC FOR
1.5
Subsurface and Physical Conditions
by OWNER
8 8 15 1 15 4
Drawings of in or relatng to
42 12
of ENGINEER s employment
8 2
ENGPIEERs Review
424
Suspension of Work in general
1
general
42
Perms and Adjectives
3 4
Limited Reliance by CONTRACTOR
Tests and Inspections
Authorized
4 2 2
Access to the Work by others
13 2
Notice of Differing Subsurface or
CONTRACTORS responsibdities
135
Physical Conditions
42 3
cost of 13 4
Physical Conditions
4 2 1 1
covering Work prior to
136 13 7
Possible Contract Documents Change
4 2 5
Laws ind Regulations (or)
135
Possible Price and Tunes Adjustments
4 2 6
Notice of Defects
13 1
Reports and Drawings
42 1
CNRJER May Stop Work
13 10
Subsurface and
42
OWNER s independent testing
134
Subsurface Conditions at the Site
4 21 1
special required by ENGINEER
96
Technical Data
422
timely notice required
134
Supervision
Uncovering the Work, at ENGINELRs
CONTRACTOR s responsibility
61
request
13 8 139
OWNER shall not supervise
89
Times
ENGINEER %hall not supery mse
9 ^ 9 13 2
Adjusting
66
Superintendence
61
Change of Contract
12
Superintendent, CONTRACTOR s resident
62
Computation of
171
Suppl mental costs
11 4 5
Contract Times d finition of
1 12
Supplementary Conditions
day
t7 2 2
definition of
139
Nfilestones
12
principal references to 110
118 22 2 7
Requirements
42 43 �1 �3
54 56)9
appeals
910 16
5 11 6 8 6 13 74 8
11 93 9 10
clarifications
Supplementing Contract Documents
36
claims and disputes
911 11 1 12
Supplier
Commeneem in of Contract Times
"' 3
definition of
1 40
Preconstrucfion Conference
2 8
principal reterences to 37 6 5 68
611 620
schedules
2 6_ 0 66
6-4 913 14 1-
Starting the Work
-4
Waiver of Rights
611
Title W arranty of
143
Surety
Uncovering Work
13 8 139
consent to final payment
14 11 1414
Underground Facilities Physical Conditions
ENGINEER has no duty to
913
definition of
141
Notification of 10
1 105 152
Not Shown a Indicated
4 3 2
qualification of
5 1 5 3
protection of
43 620
Survival of Obligations
634
Shown or Indicated
4 3 1
Suspend Work OWNER May
13 10 15 l
Unit Price Work
Suspension of Work and Termination
15
claims
1193
CONTRACTOR May Stop Work
definition of
142
or Terminate
15 5
generall1 9 14 1 145
OWNER May Suspend Work
151
Unit Prices
OWNER 1,&v Terminate
U 1_ 154
general 13 1
Taxes Payment by CONTRACTOR
615
Determination for
910
Technical Data
Use of Premises
6 16 6 18 6 30 2 4
Limited Reliance by CONTRACTOR
4 2 2
Utility owners 6 la
6 20 7 1 7 3 13 2
Possible Price and Times Adjustments
426
Utilization Partial 128 515
63024 1410
Reports of Differing Subsurface and
%aloe of the Work
11 3
Physical Conditions
423
%aloes Schedule of
-6 2 8 2 9 14 1
x�
EICDC l IccRAL CONDITIONS
1910 811990 EDITION,
CITY OF FORT COLLIVS MODIFICATIONS (REV 9199)
Variations in Work Minor
Authorized
6 2� 627 95
Article
or Paragraph
Number
Visits to Site by ENGINEER
9
Waiver of Claims on Final Payment
14 15
Waiver of Rights by insured parties
5 11 611
Warranty and Guarantee General by
(ONTRACTOR
630
Warrantyat Title CONTRACTORS
143
Work
Access to
t3 2
by others
7
Changes in the
10
Continuing the
619
CONTRACTOR May Stop Work
or Terminate
15 5
Coordination of
74
Cost of the
114 115
definition of
143
neglected by CO\TRA( TOR
13 14
other Work
7
OWNER May Stop Work
1310
OWNER May Suspend Work
1310 151
Related Work at Site
7 1 7 3
Starting the
24
Stopping by CONTRACTOR
15 �
Stopping by OWNFR
ID 1154
V artation and deN tation authorized ininol 36
w ork ( hange Directive
claims pursuant to
10
definition of
144
principal references to
3 � 3 101 102
Written Amendment
definition of
1 45
principal references to 1 10
3 5 D 1015 12
662 682
610 101 104
11 2 12 1
13122 147'
Written Clarifications and
Interpretations
363 94 9 11
Written Notice Required
by CONTRACTOR
71 910 9 11
104 112 121
by O1VNER 9 10 9 11
10 4 112 13 14
EICDG GENERAL CONDITIONS 1910 8 (1990 EDITIOM
w/ CITY OF FORT COLLINS MODIFICATIONS n V 9 99)
(This page left blank mtenttonalls)
Kh EXEC GENERAL CONDITIONS 1910 8 (1990 EDITION,
W CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
GENERAL CONDITIONS
.ARTICLE 1 DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings Indicated which are 1ppincable to both the
singular and plural thereof
I t Addenda Written or graphic Instruments issued
prior to the opening of Bids which clarify correct or
change the Bidding Requirements or the Contract
Documents
12 Agreement —The written contract between OWNER
and CONTRACTOR coiermg the Work to be performed
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein
1 3 Application for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents
14 Asbestos Any maternal that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration
15 Bid—Ihe offer or proposal of the bidder submitted
an the prescribed form setting forth the prices for the W ork
to be performed
16 Bidchng Documents —The advertisement or
Invitation to Bid instructions to bidders, the Bid form and
the proposed Contract Documents (including all Addenda
Issued prior to receipt of Bids)
17 Bidding Requirements The advertisement or
invitation to Bad, instructions to bidders and the Bid form
1 8 Bonds—Performnance and Payment bonds and other
instruments of security
19 Change Order —A document recommended by
ENGINEER which Is signed by CONTRACTOR and
OWNFR and authorires an addition, deletion or revision in
the Work or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1 10 Contract Documents —The Agreement, Addenda
(which pertam to the Contract Documents)
CONTRA( TORs Bid (including documentation
accompanying the Rid and any post Rid 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
EICDC GENERAL CONDITTONs 191M (1990 Edt m)
w/ C1TY OF FORT COI LIM MODIFICATIONS (REV 40000)
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
approsed pursuant to paragraphs 6 '6 and 6 27 and the
reports and drawings referred tom paragraphs 4 2 1 and
4 2 2 are not Contract Documents.
1 11 Contract Price The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contact Documents is stated in
the Agreement tsubject to the provisions of
paragraph 119 1 in the case of Umt Price W ork)
11' Contract Times—Ihe numbers of days or the
dates stated in the Agreement (I) to achieve Substantial
Completion and (n)to complete the Work so that it is
ready tot final payment as evidenced by ENGINEERS
written recommendation of final payment in accordance
with paragraph 14 13
1 13 CONIR4CTOR The person, Firm or corporation
with whom OWNER has entered into the Agreement.
1 14 abfecove—An adjective which when modnfvmg
the word Work refers to Work that is unsatisfactory faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, refer rice standard, test or approval referred to
in the Contract Documents or has been damaged prior to
ENGINEERs recommendation of Emal 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 I he drawings which show the scope
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
In the Contract Documents Shop drawings are not
Drawings as so defined
1 lb Effecire Date of the 4greement The date
eadicated inthe Agreement on which it becomes effective
but of no such date is indicated it means the date on which
the Agreement m signed and delivured by the last of the
two parties to sign and deliver
1 17 ENGINFER—The person fim or corporation
named as such in the Agreement
1 18 ENGINEERS Consultant A person, firm or
corporation having a contract with ENGINFER to furnish
services as ENGINEERS independcnt professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary C onditions
119 Field Oreer—A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9 5 but which does not involve
t change in the Contract Price or the Contract Times
1 20 6enerid Requirements Sections of Division I of
the Specifications
121 Ha croons Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time
1 22 a Laws and Regulations Laws or Regulations Any
and all applicable laws, rules regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
122 h Legal Holzdays shall be those holidays observed
by the City of Fort Colhns
1 23 Liens Liens, charges, security interests or
encumbrances upon real property or personal property
124 Wilesione A principal event speafied in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work
1 2� Voare of Award —A written notice by OWNER to
the apparent successful bidder stating that upon compliant,
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified
OWNER will sign and deliver the Agreement
1 6 9otice to Proceed —A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fiwng the date on which the Contract Tunes will
commence to rim 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 its to be provided
128 Partial Utd, ation—Use by OWNER of a
substantially completed pan of the Work for the purpose
for which it m intended (or a related purpose) prior to
Substantial Completion of all one Work
129 PCBs —Polychlorinated biphenyls
130 Petroleum Petroleum including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
147pounds per square inch absolute) such as oil
petroleum fuel oil oil sludge oil refuse gasoline kerosene
and oil mixed with other non Hazardous Wastes and crude
oils
131 Project—Th, total construction of which the W ork
m be provided under the Contract Documents may be the
whole or s part as indicated elsewhere in the ( untract
Documents
1 32a Raboacaee Watenal Source special nuclear or
byproduct material as defined by the Atomic Energy Act of
ErC)CGFNERt CONDITIONS 1910E i19W EAuan
w CITY OF FORT COLLINS MODIFICATIONS(R5V 41000)
D54 (42 LSC Scction 2011 et seq) as amended from
time to time
1 32 b Re Workrnf Hours- Regular working hours
are defined as 70bam to 600cm unfe,s otherwise
sine fled in the General Requirements
1 U Resident Project Representatne—The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
134 Samples —Physical examples of materials
equnpmem or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
135 Shop Drawings All drawings diagrams
dlustrattons schedules and other daft or information
Much are specifically prepared or assembled by or for
CON I RAC1 OR and submitted by CON t RACI OR to
illustrate some portion of the Wort.
136 Specications—Those portions of the Contract
Documents consisung 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 pan of the
Work at the site
138 Substantial Completion The Work (or a
specified part thereof) has progressed to the point whcre
in the opinion of ENGINEER as evidenced by
ENUINEFRs definitive certificate of Substantial
Completion, it is sufficiently complete in accordance with
the Contract Documents so that the Work (or specified
part) can be utilized for the purposes for which nits
intended a it no such certificate is Issued when the
Work is complete and ready for final payment as
esidenced by ENGINEERS written recommendation of
final payment in accordance with paragraph 1413 The
terms substantially complete and substantially
completed as applied to all or part of the Work refer to
Substantial Completion thereof
139 Supplementap Condmonv—The part of the
Contract Documents which amends or supplements these
Cenral Conditions
140 Supplier —A manufacturer fabricator supplier
distributor materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
firrmsh materials or equipment to be mcorporated in the
Work by CONTRACTOR or any Subcontractor
141 Undergr3ima! FaciLhev—All pipelines conduits
ducts cables, wies manholes vaults, tanks, runnels or
other such facilities or attachments, and any encasements
ountaming such facilities which have born installed
underground to furnish any of the following services or
materials electricity gases steam liquid petroleum
products telephone or other communications, cable
television sewage and drainage removal traffic or other
control systems or water
142 Unit Price Work—W ork to be paid for on the basis
of unit prices
143 {fork The entire completed construction or the
various separately rdentitiable parts thereof required to be
furnished under the Contract Documents Work includes
and is the result of performing or fumishing labor and
furnishing and incorporating materials and equipment into
the construction and performing or famishing services and
furnalung documents, all as required by the Contract
Documents
144 Work Change Dtrechve—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
pLrfonned as provided in pamgraph42 or 43 or to
emergenues under paragraph623 A Work Change
DTCLt1VC will not change the Contract Price or the Contract
Times but is es idMLe that the parties expect that the
change directed or documented by a Work Change
Dirtur, e will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
efteck if any on the Contract Price or Contract lanes as
pra Fled in paragraph 10 2
145 Written 4membnent A written amendment of the
Contract Documents, signed by OWNER and
CON1 RACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengmeering
or nontecla cal rather than strictly construehon related
aspects of the Contract Documents
ARTICLE 2—PRELIMINARY HATTERS
Delivery of Bonds
21 When CONTRACTOR delivers the eeewted
Agreements to OWNER CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph � 1
Copies ofDocaiments
21 OWNER shall thrush to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
rucessar} for the execution of the W ork Additional copies
will be furnished- upon request at the cost of reproduction
Commencement of Contract Times 'Vmrce to Proceed
23 The Lonfracl Tunes will Lkmimence to ran on the
thirtieth day after the Effective Date of the Agreement, or
EICDCCFN RAL CONDLLON519104(1990 E&t,,,)
wr CITY OF FORT COLLFJ MODIFICATIONS (REV 12oio)
if a Notice to proceed is given an the day indicated in the
Nonce to Proceed A Notice m Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement in no event will the Contract Times
cammen,, to rum l,t,F than
. ♦L A
.. .gre- eat ..u♦.♦acicrm♦azacmaor
&arhng the Work
24 CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site pnor to the date on
Which the Contract Times commence to run
Before &arYmg Construction
25 Before undertaking each part of the Work
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify, pLrtment
figures shown thereon and all applicable field
measurements CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error ambiguity or
discrepancy much CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGLNEER before proceeding with any Work affected
thereby however CONTRACTOR shall not be habl 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 t n days after the Effective Date of the
lgreement sunless otherwise specified in the (reneral
Requirements) CONTRACTOR shall submit to
ENGINEER for review
'61 a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work including
anv Milestones specified in the Contract Documents
2 62 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 °I cdendar
Can for each ¢view by En¢irceer
263 A preliminary schedule of values for all of
the Work which will include quantities and prices of
duns aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profit applicable
to each new of Work
27 Before any Work at the site is started,
CONTRACTOR and OWNER shall each deliver to the
other OWNER, with copies to eacic ed
A-�♦ l..A rL- C e E\GINEEP ♦ J i�S
SECTION 00100
INSTRUCTIONS TO BIDDERS
1 0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in
the Standard General Conditions of the Construction Contract (No
1910-8, 1990 ed ) have the meanings assigned to them in the General
Conditions The term Bidder" means one who submits a Bid to
OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder
The terms Successful Bidder means the lowest, qualified,
responsible and responsive Bidder to whom OWNER (on basis of
OWNER s evaluation as hereinafter provided) makes an award The
term Bidding Documents" includes the Advertisement or Invitation
to Bid, Instructions to Bidders, the Bid Form, and the proposed
Contract Documents (including all Addenda issued prior to receipt
of Bids)
2 0 COPIES OF BIDDING DOCUMENTS
2 1 Complete sets of Bidding Documents may be obtained as stated
in the Invitation to Bid No partial sets will be issued The
Bidding Documents may be examined at the locations identified in
the Invitation to Bid
2 2 Complete sets of Bidding Documents shall be used in preparing
Bids neither OWNER nor Engineer assumes any responsibility for
errors or misinterpretations resulting from the use of incomplete
sets of Bidding Documents
2 3 The submitted Bid proposal shall include Sections 00300,
00410, 00420, and 00430 fully executed
2 4 OWNER and Engineer, in making copies of Bidding Documents
available on the above terms, do so only for the purpose of
obtaining Bids on the Work and do not confer a license or grant for
any other use
3 0 QUALIFICATION OF BIDDERS
3 1 To demonstrate qualifications to perform the Work each Bidder
must submit at the time of the Bid opening, a written statement of
qualifications including financial data a summary of previous
experience, previous commitments and evidence of authority to
conduct business in the jurisdiction where the Project is located
Each Bid must contain evidence of Bidder's qualification to do
business in the state where the Project is located or covenant to
obtain such qualification prior to award of the contract The
Statement of Qualifications shall be prepared on the form provided
in Section 00420
Rev 10/20/07 Section 00100 Page 1
certificates of Rsumnce (and other evidence of insurance
west rewested by OWNER) which
CONTRACTOR --a ^"^"Ln re•--M • - ate is required
to purchase and mamm n in accordance with
paragraphs S a 5 <�-6 and 5_d 5
Preeonntrvction Conference
' S Within twenty days ifter the Contract Times start to
run, but betore any W ork 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 � to the Work and to
discuss the schedules referred to in pamgraph26
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records
InawHy Acuyaxble Schedules
29 Unless otherwise PION tided in the Contract
Documents, at lea t ten days before sabrussren at the fit
Application for Pa5vnai before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
acid others as a�pr designated by OWNER will be
held to review wf aaceptabihty to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2 b and Division I General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below, The
progress schedule will be icceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract 1 tmes, but such acceptance will neither mnpose on
ENGINEER responsibility for the sequencing scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTORS full
resporvbdnty 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 to foam 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 Gilled tor by one is as binding as it
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
E1CDC CENTRAL CONDITIONS 19104 (1990 Eda nil
w/ CITY OF FORT COLLINS VOI)IFICATiONS (REV 4 206IT,
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents Any Work materials or equipment that may
reasonably be Inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
perforated whether or not specifically called for When
words or phrases which have a well-known technical or
construction indusW or trade meaning are used to
describe Work materials or equipment, such words or
phrases shall be Interpreted in accordance with that
meaning Clanficatio ns and interpretations of the Contract
Documents shall be issued by ENGINEER � provided in
paragraph 9 4
33 Reference to Standards and Specifications of
Technical Socienes 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 implication, shall mean the latest
standard, specification, manual code or Laws or
Regulations in effecter the tune of opening of Bids (or
on the EffectiN e Date of the Agreement it there were
no Bids) except as may be otherwise specifically
stated in the Contract Documents
33' If during the performance of the Work
CONTRACTOR discovers any conflict, error
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
Instruction of any Supplier referred to in paragraph o
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 authonmd by paragraph 6 23) =1 an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
pamgmph 3 5 or 16 provided, however that
(ONTRACTOR 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 1 3 Fxept 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 D or 16 the
provsions of the Contract Documents shall take
precedence in resolving any conflict, error ambiguity
or discrepancy between the provisions of the Contract
Documents and
33 3 1 th provisions of any such standard
spectfication, manual code or instruction (whether
or not spuifiwlly mcotporated by reference in the
Contract Documents) or
3 3 3 2 the provisions of any such Laws or
Regulations applicable to the pertormance of the
Work (unless such an mterprelauon of the
provisions of the Contract Documents would remit
in v iolation of such I am, or Regulator)
No provision of any such standard, specihcatnon manual
code a instruction shall be effective to change the duties
and responsibilities of OWNER CONTRACTOR or
ENUINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER
ENGINEER or any of ENGINEERS Consultants agents or
employees any duty or authatty to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility utconsisturt with the
provisions of paragraph 9 13 or any other provision of the
Contract Documents
34 Whenever in the Contract Documents the terms as
ordered as directed as rNwred as allowed as
approved a terms of like effeU or airport are used, or the
adjechves reasonable suitable acceptable proper
or sattsfactom or adjectives of like effect or unport are
used to describe a requirement, direction, review a
judgment ofENUINEER as to the Work it is intended that
such requirement direction, review or judgment volt be
solely to evaluate in general, the completed Work for
comphance 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
its a specific statement indicating otherwise) The use of
any such tern or adjective shall not be effective to assign to
ENUINEER anv duty or author} to supervise or direct the
furnishing or performance of the Work or any dutv or
authority to undertake responsibility contrary to the
provisions of paragraph 9 13 or any other provision of the
Contract Documents
4mendtng and Supplementing Contract Documents
35 The Contract Documents may be amended to
provide for additions, deletions and rev Isions in the Work
or to modify the terns and conditions thereof in one or
more of the following ways
3 � 1 a formal W nhen Amendment,
3 5 2 a C h urge Order (pursuant to paragraph 10 4)
or
E1CDC GENERAL CONDIDONS 191M (199D ENt m)
wr CITY OF FORT COI I IN9 MODIFICATIONS (REV 4Q0(m
35 3 a Work Change Directn a (pursuant to
paragraph 101)
36 In addition, the requirements of the Contract
Documents may be supplemented, and minor vanatmoni
and deviations in the Work may be authorized, in one or
more of the follow ing ways
36 1 A Field Order (pursuant to paragraph 9 5],
362 ENGINEERS approval of a Shop Drawing or
Sample (pursuant to paragraphs 6 26 and 6 27) or
363 E\GINEERs written interpretation or
clarification (pursuant to paragraph 9 4)
Reuse i jDocuments
3 7 CONTRACTOR and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings
Sp cifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENG12NEERs Consultant and (it) shall not reuse any of
such Drawings bpectficahons other do mnents or copies
on extensions of the Project or any other project without
written cciasent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4- AVAILABILITY OF LANDS
SUBSURFACE AND PHYSICAL CONDITIONS
REFERENCE POINTS
41 adabibN of Lands
41 OW NER shall furnish, as indicated in the Contract
Documents the lands upon which the Work is to be
performed rightsaf way and easements for access
thereto and such other lands which are designated for the
use of CONTRACTOR
OWNER shall .irrsh CONTRACTOR- e6Reel
tl . j . L ..L
rk is is be PeFf"Med and
accordance with
a ,e corda.�--o„�Regalatien^.
OWNFR shall identify any encumhrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER unless
otherwise provided in the Contract Documents If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjumnents
in the Contract Price or the Contract Times as a result of
any delay in OWNERS furnishing these lands, right f
way or ea,emeny CONTRACTOR may in ike a claim
therefor as provided in Articles 11 and 12
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment
4- Subsurface and Physical Conditions
42 1 Reports and Drawings Reference is made to
the Supplementary Conditions for identification of
4- 11 Substujace 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
421' Physical Conditions Those drawings of
physical conditions in or relating to existing surtace
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents
422 Limited Reliance by CONTRACTOR Authon ed
Technical Data CONTRACTOR may rely upon the
general accuracy of the technical data contained tin such
reports and drawings but such reports and drawings are not
Contract Documents Such teduucal data is identified in
the Supplementary Conditions Except for such reliance on
such technical data CONTRACTOR may not rely upon
or male any claim against OWNER, ENGINEER or any of
ENGINEER s Consultants p ith respect to
42 1 the completeness of such reports and
drawings for CONTRACTORs purposes
including but not limited in any aspects of the
means methods techniques sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs modem thereto or
4222 other data Interpretations opinions
and information contamed in such reports or shown
or indicated in such drawings, or
4223 any CONTRACTOR interpretation of
or conclusion drawn from any technical data or
am such data interpretations opwons or
mtormation
423 Nonce of Diffenng Subsurface or Phvmcal
Conditions it (ONTRACTOR bcbeves that any
subsurtace or physical condition at or comtiguous to the site
that its tactic Bred or revealed either
4 2 3 1 is of such a nature as to establish that
any technical data on which CONTRACTOR its
entitled to rely as provided in paragraphs 4 1 and
42 its maternally macunrate or
4 2 3 2 Is of such a nature as to require a
change in the Contract Documents or
4233 differs materially from that shown or
EICDCOENERAL CONDITIOM 19104 (1990 Edo a I
w/ CITY OF PORT COLLIN4 MODIFICATIONS (REV 4 "1000)
indicated in the Contract Documents or
4234 is of an unusual nature and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the ( attract
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 m connection therewith (except as
atoresaid) until receipt of written order to do so
424 EVGINEERs Review ENGINEER will
promptly review the pertinent conditions, determine the
necessity of Ot4NERs obtaining additional exploration or
tests with respect thereto and advise OWNER an writing
(with a copy to CONTRACTOR) of ENGNEERs
findings and conclusions
42� Possible Contract Docwnenrs 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 l4ustments 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
4261 such condition must meet any one or
more of the categories described In
paragraphs 4 2 3 1 through 4 2 3 4 mclusive
4 2 6 ' a change in the Contract Documents
pursuant to paragraph 4 _ � will not be an
automatic authors atwn of nor a condition
precedent to entitlement to any such adjustment,
4263 with respect to Work that is paid for
on a Unit Pnee Basis anv adjustment in Contract
Price will be subject to the provisions of
paragraphs 9 10 and 119 and
4' 6 4 CONTRA( TOR shall not be entitled
m any adjustment in the Contract Price or Times
if
42641 (ONTRACTOR knew of
the e\stenoe of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Timm 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
arras required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTORS making such final
commmnent or
4 - 64 CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4 2 3
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times a clams may be made therefor as provided in
Articles 1 I and 12 However OWNER, ENGINEER and
ENGINEERS Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR an or in connection with any
other project or anticipated project
43 Physical Condihons—Underground Facilities
43 1 Shown or Inoycated The information and data
shown or indicated in the Contract Documents with
respect to existing, Underground Facilities at a
contiguous to the site is based on information and data
tarnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise expressly provided in the Supplementary
Conditions
43 1 1 OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
suchmfornation or dam and
43 12 The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for (i) reviewing and
checking all such information and data (u) locating
all Underground Facilities shown or indicated in the
Contract Documents (in) coordination of the Work
with the owners of such Underground Facilities
during construction, and (tv) the safety and
Protection of ill such I nderground Facilities as
provided in pamgmph6^0 and repairing any
damage thereto resulting from the Work
431 Not Shawn or Indurated 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 stall prompNy
immediately after hecOmmg aware thereof and before
further disturbing conditions affected thereby a
performing any Work in connection therewith (except
in an emergency as required by paragraph 623)
identifv the owner of such Underground Facility and
E]CDC GENERAL CONDIiIONq 19104 ([990 Farnan)
W CITY OF FORT COLLM MODIFICATIONS (REt 4C000)
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the torrent if
env to which a change is required in the Contact
Documents to reflect and document the consequences
of the existence of the Underground Facility If
ENGINEER concludes that a change in the Contract
Documents is required a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences During
such time CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facnbty as provided in paragraph 620
CONTRACTOR shall 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 IfOWNhRand CONIRACl OIt
are unable to agree on entitlement to or the amount a
length of any such adjustment in Contact Price or
Contract Tames CONTRACTOR may make a damn
therefor as provided in Articles I I and 12 However
OWNER ENGINEER and ENGINEERS
Consultants shall not be liable to CONTRACTOR for
any chins, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project
Reference Points
44 OWNER shall provide engincenrg surrvtys to
establish reference points for cons TaLion which on
FN(TNFEERs judgment are necessary to enable
CONTRACTOR to procced with the Work
CONTRA( TOR shall be responsible for laying out the
Work, shall pprotect and preserve the established reference
points and shall make no charges or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relomnon because of
necessary changes in grades a locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel
4.5 Asbestos PCBs Penrolmm Hazardous Waste or
Radioactive Material
451 OWNFR shall he responsible for any
Asbestos PCBs Petroleum Hazardous Waste or
Radioactive Material uncovered or rn Baled at the site
which was not shown or indicated in Drawings or
Spectfieations 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 he responsible for any
such materials brought to the site by
CONTRACTOR Subcontricrors Suppliers or
anyone else tar whom CONTRACTOR n
responsible
ARTICLE S BONDS AND INSURANCE
Performance Payment and Other Bond&
S 1 CONTRACTOR shall furnish Performance and
Payment Bonds each in an amount at least equal to the
Contract Rice as security for the faithful performance and
payment of all CONTRACTORs obligations under the
Contract Documents These Bonds shall remain m effect
at least until one year after the date when final payment
becomes due except as provided otherwise b) Laws or
Regulations or by the Contract Documents
CONTRACTOR shall also famish such other Bonds as
are required by the Supplementary Conditions All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of Companies Holding Certificates of
Authority as Acceptable Sureties on b ederal Bonds and as
Acceptable Reinsuring Companies as published in
Cuuular�70 (amended) by the Audit Staf[ Bureau of
6ovemment Financial Operations, US Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agents authority
to act
5- If the surety on any Bond furruhed by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated many
state where any part of the Project is located or it ceases to
meet the requirements of paragmph 5 1 CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety both of which must be acceptable In OWNER
53 Licensed Surehes and Insurers Certyicnles of
Insurance
S 3 1 All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which th
Project is located to issue Bonds or insurance policies
for the limits and coverages so required Such surey
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions
53_ CONTRACTOR shall deliver to OWNFR
with epics to each addiuemal insured identified in the
Supplementary Corchnons, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5 4 Or Trhe,^h-
d-ive COn Tnnn
additional-jnsHied Identified Hi flie
W,.a,.......r Maritimes
H i t-which 01AWER
yu,.. phs c L and c
hereall
EICDCOE M, CONDITIONS 1910E p990Eda m)
w CITY OF FORT COLLINS MODIFICATIONS ( V 4 'ON)
CONTRACTOR s Lialubty 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 cleans set forth below which may arise out
of or result from CONTRACTORS performance and
furnishing of the Work and CONTRACTORS other
obhgahons under the Contract Documents, whether it is to
be performed or fumtshed by CONTRACTOR, any
Subcontractor or Supplier or b 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
� 42 clans for damages because of bodily injury
occupational sickness or disease or death of
CONTRACTORS employees
543 clans for damages because of bodily injury
sickness or disease or death of any person other than
CONTRACTOR s emplovees
r h.._..,.,aaamJstemary
(8i�sr�slnestly-ter
MyITRA(;TQR ���
ether reason
5 4 5 claims for damages, other than to the Work
itself because of injury to or destruction of tangible
property wherever located including loss of use
resul[mg therefrom and
040 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 � 4
to be purchased and maintained shall
� 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 in any
customary exclusion in respect of professional
liability) OWNER FNCiNF'FR FNCiNFFRs
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
14 8 include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater
5 4 9 include completed operations insurance
EJCDC GENERAL CONDITIONS 19104 (1990 Eduap
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 12000)
5 4 10 include contractual liabdhri insurance
covering CONTRACTORS indemnity obligations
under paragraphs 612 6 16 and 6 31 through 6 33
5 411 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
( ONTR.4CTOR pursuant to paragraph 5 3 2 will so
provide)
5 4 12 remain m effect at least until final payment
and at all tunes thereafter when CONTRACTOR may
be connecting removing or replacing defective Rork
in accordance with paragraph 1312 and
1413 with respect to completed operations
insurance and any insurance coverage written on a
claans-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 addinonal
insured of continuation of such insurance at final
payment and one year thercader)
OWNER s Iwabihity Insurance
55 In addition to insurance required to be provided
by CONTRACTOR under paragraph 54 OWNER at
OWTIERs option may purchase and maintain at
OWNERS expense OWNERS own liability insurance as
will protect OWNER against claans which may arise from
operations under the Contract Documents
Property Insurance
caradvaens OWNER shall ta Mines, amarma
property.'.9tl me open L'w'A e . _• •Lin-..ru.:-nacur_ •_ �•�.�-a�-.BA'rz
~�J Y
SSuppleman;ny(4e;d+♦ s and
r__ Rrs, all,-
Sh011 Or "'at ffifflifim'S P� !Mg OF
le fah—icrtcs rrei—atE{1m_mng
against—__ r ONTR,.9T9R, � -huentraet.
ENGINEER, ENGINEERS Consultants and the
Gtem efflplay.m and agents ef an), of
_ .
59 OWNER shall not be responsible for purchasing
and mamtemmg any property Insurance to protect the
Interests of CONTRACTOR Subcontractors or others }n
the Woo
aeti-e�a_a
111b.1"m
bv-F
paragraphs 11
he-effect that
rr.
I&Sotf
10 EKI)CGENERAL CONDITIOM 19104(1990 Fat,.)
W CITY OF FORT COLLINS MODIFICATIONS (REV 4 20001
EbIGIkIpER,I
Receipt andApphea ton oflnsurance Proceeds
5 1' Any insured loss under the policies of insurance
required by paragraphs � 6 and 5 7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as they interests may appear subject In 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 panics in interest
may reach If no other special agreement is reached the
damaged Work shall he 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
513 OWNER as fiduciary shall have power to adjust
and settle any loss with the Insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurreme 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 parties in interest may reach If no
such agreement among the parties in interest is reached
OWNER as fiduciary shall adjust and settle the loss with
the insurers orii if d-is srm.-h
Acceptance of Bonds and Insurance Option to Replace
514 If either j
OWNE has any objection to the coverage attorded by or
other provisions of the Rends-tir insurance required to be
purchased and maintained by the other party
C ON TRACTOR in accordance with Article 5 on the basis
Of non conformance with the Contract Documents the
in wrrGGnngg w Id
the cetnfioates
27
Parhal LhhWhon Propertylnsurance
5 15 If OWNER finds it necessary to occupv or use a
portion or portions of the Work prior to Substantial
Completion of all the Work such use or occupancy may
be accomplished in accordance with paragraph 14 10
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
-count of any such partial use or occupancy
ARl R LE 6-CON I RAC I OR S
RESPONSIBILITIES
Supervrsion and Superintendence
61 CONTRACTOR shall supervise inspect and
direct the Work competently and efficiently devoting
such attention thereto and applying such skills and
cxpernse as may be necessary to perfomi the Work in
accordance with the Contract Documents
CONTRACTOR shall be solely responsible for the means,
methods techniques sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method technique wqu we 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 comphes accurately with the Contract
Documents
6. CONTRA( TOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall no be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances The superintendent will be
C ONTRACTOR s representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor labuerials and Equipment
63 CONTRACTOR shall provide competent,
suitably qualified personnel to survey lav out and
construct the Work as required by the Contract
Documents CONTRACTOR shall at all times maintain
good discipline and order at the site Fxcept as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto and
cxcept 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 tht performance of Wort, on Saturday
Sunday or any legal hohdiy without OWNERS written
consent given after prior written notice to FNCtNFFR
CONTRACTOR shall submit requests to the ENGMFER
no less than 48 hours in advance of any Work to be
performed on Saturday. Sunday. Holidays or outside the
Regular'A orking Hours
EXI)CGENERALCONDITIOV919104 O1 OEdnun)
w CITY OF FORT COUINS MODIFICATIONS (REV 40000)
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 fiat, power light heat, telephone water
sanitary facdittes, temporary faulities and all other
facilities and incidentals necessary for the furnishing
performance testing, start up and completion of the Wort.
641 Purchasme Restrictions CONTRACTOR
must comply with the C s purchasing restnetiom A
copy of the resolutions are available for review in the
oftices of the Purchasing and Risk Management
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 contawng cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel
6 y 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 FWANEER
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment All materials and
equipment shall 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 time as provided below
661 CONTRACTOR shall submit to ENGINEER
for acceptance Cto the extent indicated in
pamgraph29) proposed adjustor its in the progress
schedule that will not change the Comma Times (or
Milestones) Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto
6 6 2 Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall he submitted in accordance with the requirements
of paragraph 12 1 Such adjustments may only he
made by a Change Order or Written Amendment in
accordance with Article 12
67 Subuttutevand 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
mtendeil to establish the type function and quality
required Unless the specification or description
12 E1CDC GENERAL CONDITIONS 19104 (1990 ENt m)
W CITY OF FOR r C00.1NS MODIFICATIONS (REV 411000)
contains or is tollowed by words reading that no like
equivalent or or equal item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
cucumstances
6711 Or Equal If in ENGINFERs sole
discretion an item of material or equipment
proposed by CONTRACTOR is hmchonmlly
equal to that named and sufficiently similar so that
no change to 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 compliance
with some or all of the requirements for
acceptance of proposed substitute items
6712 Subsnmte ltems If inENGINEERs sole
discretion an item of material or equipment
proposed by CON IRACI OR does not quality as
an or i,qual item under subparagraph 6 7 1 1 it
will be considered a proposed subatnute item
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances
Requests for review of proposed substitute items
of matenal 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 male
written application to ENGINEER for acceptance
thereof certifying that the proposed substitute will
perform adequatelN the functions and achieve the
results called for by the general design, be smhdar
in substance to that specified and be surted to the
same use as that specified The application will
state the extent, if any to which the valuation
and acceptance of the proposed substitute will
prejudice CONTRACTORS achievement of
Substantial Completion on time whether or not
acceptance of the subshtute for use in the Work
will require a change in any of the Contract
Documents (or in the provtsiona of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
subshtuR and whether or not mcorporition or use
of the substitute in connection with thi, Work is
subject to payment of any hcense tee or royally
All variations of the proposed substitute Eons that
specified will be identilied in the appltcahon and
available maintenance repair and replacement
servwc will he indicated The application will
also contain an itemized estimate of all costs or
uedits that will result directly or indirectly from
aix.eptame of such suhshtute mOuchnt, costs of
redesign and clams of other contractors affected
by the resulting change all of which will be
CONTRACTOR shall perform not less than 10
considered by ENGINEER in evaluating the
cercennt of the Work with its own forces (that s
proposed substitute ENGINEER may require
without subcom=rr gl The 20 percent requirement
CONTRACTOR to furnish additional data about
shall be understood to refer to the Work the value of
the proposed substitute
which totals not less than N percent of the Contract
Pnce
6 7 1 3 CONTRACTOR, Ecpense All data to he
provided by CONTRACTOR in support of anY
.—�-'-• "— Biddm
6 8 2 r' L^ ° - g
proposed or.qual or substitute item will be at
Documents require the identity of certain
CONIRICTORsexpensa
Subcontractors Suppliers or other persons or
organizations (mcludnng those who are to turmsh the
671 Substitute Construction weth" a
principal items of materials or equnpmont) to be
Procedures If a specific means method, technique
submitted to OWNERspeerfted
wquMLC or procedure of construction is shown or
date prior to the Effective Date of the Agreement for
indicated in and expressly required by the Contract
acceptance by OWNER and ENGINEER—aad-iC
Documents, CONTRACTOR may furnish or uvlim a
V--• H
mhas - - --
substitute means, method, technique sequence or
-4
accordance^—..�a.
procedure of construction acceptable to ENGINEER
OWNERS or ENGINEERS acceptance (either in
CONTRACTOR shall submit sufficient information to
wrihng a by failing to make written objection thereto
allow ENGINEER in ENGINEERS sole discretion to
by the date indicated for acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents) of
that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
----- - as ---'r-d -- - - - -
similar to that provided in subparagraph 6 7 12
basis-e€-reaseaeblaayjeettonenar ilea- H fierr
/NIT TD A!
673 Engineers Evaluanox ENGINEER will be
in ...L A e
iteeeptable %iltatattethe Gamma
allowed a reasonable time within which to emaluate
M
_ _r.m 0 L the a'T--- - •ti- - -
each proposal or submittal made pursuant to
such substibi4ain and an ^�..� _
s der
paragraphs 6 7 12 and 6 7 2 ENGINEER will be thL
will
sole judge of aeceptabiltty No or -equal a
constitute a condition of the Contract requiring the
substitute will be ordered mshaUal or utilized without
use of the named subcontractors- suppliers or other
ENGINEERS poor written acceptance which will be
persons or organizaton on the Work unless prior
evidenced by either a Change Order or an approved
written approval as obtained Crum OWNER and
Shop Drawing OWNER may require
ENGINEER No acceptance by OWNER or
CONTRACTOR to furnish at CONfRACTORs
ENGINEER of nny such Subcontractor Supplier or
expense a special performance guarantee or other
other person or organization shall constitute a waner
surety with respect to any or -equal or substitute
of any right of OWNER or E\GINEER to reject
ENGINEER will record tune required by
defechw Work
ENGINEER and ENGINEERS Consultants in
evaluating substitutes proposed or submitted by
69
CON TRACTOR pursuant to paragraphs 6 7 1'i and
6 7 2 and m making changes in the Contract
6 9 1 CONTRACTOR shall be fully responsible to
Documents (a in the provisions of any other direct
OWNER and ENGINEER for all aas and omissions
contract with OWNER for work on the Project)
of the Subcontractors Suppliers and other persons
occasioned thereby Whether or not ENGINEER
and orgamaitons pertorming or funush r g any of the
accepts a substitute item so proposed or submitted by
Work under a direct a indirect contract with
CONTRACTOR CONTRACTOR shall reunburse
CONTRACTOR just as CONTRACTOR is
OWNER for thi. Charges of ENGINEER and
responsible for CONTRACTORS own acts and
ENGINEERS Consultants for evaluating each such
omissions Nothing in the Contract Documents shall
proposed substitute item
create for the benefit of any such Subcontractor
68 Concerning Vu&mnaactory 4upphen and
Supplier or other person or organization any
contractual relationship between OWNFR or
Men
ENGINEER and any such Subcontractor Supplier or
other person or organization, nor shall it create any
6 8 1 CONTRACTOR shall not employ any
obligation on the part of OWNER or ENGINEER to
Subcontractor Supplier or other person or ogamzation
pay or to see to the payment of any moneys due any
(including those acceptable to OWNER and
such Subcontractor Supplier or other person or
ENGINEER as indicated in paragraph 6 8 2) whether
organization except as may otherwise be required by
mitinlly or as a substitute against whom OWNER or
Liws and Regulations OR^'ER or ENG rNEER may
FNCT\FFR may have reasonable objection
furnish to any subcontractor, supplier or other par oo
CONTRACTOR shall not be required to employ any
or organization evidence of amounts paid to
Subcontractor Supplier or other person or orgamamcm
CONTRACTOR in accordance with
to funudh or perform any of the Work against whom
CONTRACTORS Applications la Payment
CONTRACTOR has reasonable objection
E1CDC GENERAL CONDITIONS 19104 (1990 Eihnwp 13
w/ aTY OF FORT COLLINS MODIFICATIONS (REV 11000)
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
Rev 10/20/07 Section 00100 Page 2
692 CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontmctors, Suppliers and such other persons and
orgammtions performing or Smashing any of the
Work to eommumcate with the ENGINEER through
CONTRACTOR
6 10 The divisions and sections of the Specifications and
the tdermfhcations of any Drawings shall not control
CONTRACTOR m dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade
611 All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which speertically bands the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER
dd't'eml red
i ,..,...i._ « , nevided it
the
CONTRAc
weaves all rights
_va.. s..., i .._,i a....,..<.
ff t91ng car of or
usqd by
such policies and
tl WallIfth> > w^.0 e
are
aspsm� a'y rsetan"f
same
Patent Fees and Roynlhes
612 CONTRACTOR shall pay all license tees and
rovaltres and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of anv invention, design, process, product or device which
is the subject of patent tights or copyrights held by others
It a particular invention design process. product or d vice
is specified in the Contract Documents for use an 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 tot the payment of any license tee or
royalty to others the existence of such rights shall be
disclosed by OWNFR in the Contract Documents To the
Fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify, and hold harmless
OWNER ENGINEER, ENGPdEERs Consultants and the
officers, directors employees agents and other consultants
of each and any of them from and against all claims, costs
losses and damages arising out of or resulting from any
infringement of patent rights or copynghts incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention design
process, product or device not specified in the Contract
Documents
14 EICDDID C GENERAL CONOM 19104(1990 ENam)
wr CITY OF FORT COLLINS MODIFIC ATIONS (REV 42000j
Permits
613 Unless otherwise provided in the Supplementary
Condtions. CONTRACTOR shall obtain and pay for all
construction permits and licenses OWNER shall assist
CONTRACTOR when necessary in obtaining such
permits and licenses CONTRACTOR shall Fay all
governmental charges and inspection fees necessary for
the prosecution of the Work which are applicable at the
time of opening of Bids or if there are no Bids on the
Effective Date of the Agreement CONTRACTOR shall
pay all charges of utility owners tot connections to the
Work and OWNhR shall pay all charges of such utility
owners for capital costs related thereto sm.h as plant
mvestment fees
G14 LawsandRegu(anons
6 14 1 CONTRACTOR shall gw all names and
comply with all Laws and Regulations applicable to
Furnishing and performance of the Work Except
where otherwise expressly required by applicable
Laws and Regulations neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTORS compliance with any I aws or
Regulations
6142 If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations CONTRACTOR shall bear
all claims vests losses and damages caused by
ansing out of or resulting therefrom howet er it shall
not be CONTRACTORS primary responsibility to
make cenain that the Specifications and Drawings are
in accordance with Laws and Regulations but this
shall not relieve CONTRACTOR of
C ONTRACTORs obligations under paragraph 4 3 2
Taxes
61S CONTRACTOR shall pev all sales consumer
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which we
applicable during the performance of the Work
6 15 1 OWNER is exempt from Colorado State and
local sales and use taxes an materials to be
permanently incorporated into the project Said taxes
shall not be included in the Contract Price
C ONTRACTOR must aMly to and receive a
Certificate if Exemption from the Colorado
Departrnent of Revenue for construction materials to
be physically incorporated into the project This
Certification of Exemption Provides that the
CONTRACTOR shall neither pay nor include in his
Bid Sales and Erse Taxes on those budding
comtruahon materials physically incorporated into
the project
address
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver Colorado, gM61
Sales and Use Taxes for the State of Colorado
Rewortail Transoortan District (RTD) and certain
Colorado counhzs are collected by the Sm[ of
Colorado and are included m the Catificatton f
Exemption
All applicable Sales and Use Taxes (mcludwaz St [
collected taxes) on any items other than construction
and bu Nino materials physically incorporated into the
protect are to be paid by ( ON RAC, I OR and are to
be included in appropriate bid items
Use ofPretmves
616 CONTRACTOR shall confine construcucm
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,
nghtsof way permits and easemems and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment
CONTRACTOR shall assume full responsibility for any
damage many 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 clam 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
resohe the claim by arbitration or other dispute resolution
prooeedmig or at law CONTRACTOR shall to the fullest
extent permitted by Laws and Regulations indemmty and
hold harmless OWNER ENGINEER, 1NCINEERs
Consultant and anyone directly or indirectly employed by
any of them from and against all dawns, costs losses and
dama6es 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 CONTRACTOR s performance of the'A ork
6 17 During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools appliances,
construction equipment and machinery and surplus
materials CONTRA( TOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condition all property not designated fa' alteration
by the Contract Documents
6 18 CONTRACTOR shall not Iced nor permit any pert
of any structure to be loaded in any manner that will
endanger the structure nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it
Record Documents
619 CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written nmendmems, Change Orders, Work
Change Directives Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9 4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
av ulable 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 Proreeuon
620 CONTRACTOR shall be responsible for
mitaung 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
prey ent damage injury or loss to
6 c0 1 all persons on the Work site or who may be
affected by the Work
6 202 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site and
6 10 3 other property at the site or adjacent thereto
including trees, shrubs, lawns walks pavements
roadways, structures, utilities and Underground
Facilities not designated tot removal, relocation or
replacement in the course of construction
CONTRACTOR stall comply with all applicable Laws
and Regulations of any public body havmgjansdiction for
safetv 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 nonty 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 them property All damag 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 pert, by
CONTRACTOR, any Subcontractor Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may he liable
shall be remedied by CONTRACTOR (except damage or
loss atribuable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEERS ( orrsultant or anyone employed by any of
them or anvone 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
SuhcontraOor Supplier or other person or orgamzahon
directly or indirectly employed by any of them)
CONTRACTORS duties and responsibilities for the safety
and protmuon of the Work shall contmue until such time
as all the Work is completed and ENGINEER has issued a
EJCDC GDueant CONvinOM 191 M (1990 Edinoa) 15
cut C(TY OF PORT COLLINS MODIFICATIONS (REV 4 1000
notice to OWNER and CONTRACTOR in secmdance
with paragraph 14 13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion)
621 Safety Representative
CONTRACTOR shall designate a qualified and
experienced safety represemahve at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervening of safety precautions and
programs
Hazard Communication Programs
622 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Lasts or
Regulations
Emergeneres
623 In emergencies affecting the satety or protection of
persons or the Work or property at the site or adjacent
thereto ( ONTRACTOR without special instruction or
authonzatton from OWNER or ENGINEER is obligated to
act to prevent threatened damage injury or loss
CONTRACTOR shall give ENGINEER prompt written
notce if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an mergency a Work Change Directive
car Change Order will be Issued to document the
wnsequences of such action
624 Shop DrawmgsandSamples
624 l 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 Geheml
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 in
provide and to enable ENGINEER to review the
Information for the limited purposes required by
paragraph 6 26
6 24 _ CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample suhmrttals Aach Sample "ill be identified
clearly as to maternal Supplier pertinent data such as
catalog numbers and the use for which intended and
Otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EICDCGENERAL CONDITIONS 19104(19%Ediham
W CITY OF FORT COI LIM N10DIFICATIONS (REV 42000)
purposes required by paragraph 626 The numbers
of each Sample to be submitted will be as specified in
the Specifications
625 Submmal Procedures
6 23 1 Before submitting each Shop Drawing or
Sample CONTRACTOR shall have determined and
verified
62511 all field measurements, quantities
dunens cris, specified performance criteria
installation requvenients, materials, catalog
numbers and similar information with respect
thereto
625 12 all materials with respect to intended
use fabrication shipping handling storage
assemble and installation perfuming to the
performance of the Work and
6 21 13 all information relative to
CONTRACTORS sole responsibilities in respect
of means, methods techniques sequences and
procedures of construction and safety precautions
andprograzns incident thereto
CONTRACTOR shall also have renewed 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 spexatic
written Indication that CONTRACTOR has satisfied
CONTRA( TOR% obligations under in, Contract
Documents with respect to CONTRA(.TORs review
and approval of that submittal
62�3 At the time of oath submission,
CONTRACTOR shall gne ENGINEER specific
written notice of such variations if any that the Shop
Dmwmg Or Sample submitted ma) have from the
requirements of the Contract Documents, such notice
to be in a written commummron separate trom 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 tanahon
626 ENGINEER will review and approve Shop
Drawings and Samples in accondance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph .9 ENGINEERs
review and approval will be only to deterntne if the items
covered by the submittals will, after ureallation 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
proc.edurec of wnstruWon (except where d 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
correcnans required by ENGINEER, and shall return the
requirednumber of corrected copies of Shop Drawings and
submit as required new Samples for review and approval
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER an previous submittals
627 hNGINELRs 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
witting called ENGINEERS attention to each such
ianation at the time of submission as required by
paragraph 6 25 3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing a Sample approval nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6 25 1
628 Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 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
Continuing the Work
629 CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes a
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
630 CONTRACTORS General Warranty and
GLarantee
6 30 1 CONTRACTOR warrants and guarantees to
OWNER, ENUENEER and ENGINEERS Consultants
that all 'A ork will be in accordance with the Contract
Documents and will not be ckfecrme
CONTRACTORS warranty and guarantee hereunder
excludes defects or damage caused by
63011 abuse modification or unproper
maintename or operation by persons other than
CONTRACTOR Subcontractors or Suppliers or
63012 normal wear and tear under normal
usage
6 30 ' CONTRACTOR 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
accordance with the Contract Documents or a release
of CONTRACTORS obligation to perform the Work
in accordance with the Contract Documents
6302 1 observations by ENGINEFR
6 30 2 2 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 R oil or any
part thereof by OWNER
63015 any acceptance by OWNER or any
failure to do an
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 14 13
630^ 7 am inspection, test or approval by
others or
63028 any correction of ekfechve Work by
OWNER
Indemnification
631 To the fullest extent permitted by Laws and
Regulations CONTRACTOR shall indemnify and hold
harmless OWNER J�NGENEER EN( INEERs
Consultants and the officers, directors, employees agents
and other consultants of each and any of them from and
against all cleans, costs, losses and damages (including
but not limited to all tees and charges of engineers,
architects, attorneys and other protessionals 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 clam cost, loss a damage
(i) is attributable to bodily injury sickness disease or
death, or to injury to or destruction of tangible property
(other than the Work itselt) including the loss of use
resulting therefrom and (it) is caused in whole or in part
by any negligem act or omission of CONTRACTOR, any
Subcontractor any Supplier any person or organvabon
directly or indirectly employ ad by any of them to perform
or furnish any of the Work or anyone for whose ncLs any
of them may be liable regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person a entity
63. In any and all Llamas against OWNER or
FTN( FNFFR or any of then respective consultants agents
officers, directors or mtployees by any emploiee (or the
survivor or personal representative of such employee) of
CONIRACTOR, any Subcontractor any Supplier any
person or organization directly or indirectly emploved by
Ea DCOENERt CONDITIONS 191"(1990 Edtarn 17
w CITY OF FORT COLLINS MODIFICATIONS (REl 4�000)
any of them to perform or famish any of the Work or
anyone for whose acts any of them may be liable the
indemmficatlon obligation under pamgraph631 shall not
be limited in an} 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 orgamzation under workers compensation
acts disability benefit acts or other employee benefit acts
633 The indemnification obligations of
CONTRACTOR under paragraph631 shall not extend to
the liabihq of ENGINEER and ENGINEERS Consultants,
officers, directors, employees or agents caused by the
professional negligence errors or one musts of any of them
Survival ofOblrgaaons
6 �4 All representations, indemnifications, warranties
and guarantees made in required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents will
survive trial payment completion and acceptance of the
Work and termination of completion of the Agreement
ARTICLE 7 OTHER WORK
Related Work ar 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 LOntain General
Conditions similar to these or have other work performed
by utility owners It the tact that such other work its to be
performed was not noted in the Contract Documents then
(1) written notice thereof will be given to CONTRACTOR
prior to starting am, such other work and
(u) CONTRACTOR may make a clam therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performanw 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 a a party to such a direct contract and each utility
owner (and OWNER. of OWNER its performing the
additional work with OWNERS employees) proper and
sate access th 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 thews Unless otherwise
provided in the Contract Documents CONTRACTOR
shall do all cutting, fittwg and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work
CONTRACTOR shall not endanger any work of others by
cutting excaiatmg or otherwise altering thew work and
will only cut or alter thew 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
18 EICDC GENERAL CONDITIONS 1910-8(19%Edam)
On OF FORT COLITNS NODIFIC4TIONS(REV40000)
provisions for the beneht of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors
73 If the proper exuutlon or results of an) part of
CONTRACTORS Work depends upon work performed
by others under this Article CONI RACTOR shall
inspect such other work and promptly report to
ENGINEER in writing am, delays, defects or deficiencies
in such other work that render it unavulable or unsuitable
for the proper execution and results of CONTRACTORS
Work C,ONTRACTORs failure so to report will
constitute an acceptance of such other work as tit and
proper lot integration with CONTRACTORS Work
except for latent or nonapparent defects and deficiencies
in such other work
Coordtnaaon
74 If OWNER contracts with others for the
performance of other work on the Project at the site the
following will be set forth in Supplementary Conditions
74 1 the person firm or corporation who will have
authority and responsibibty for coordination of the
activities among the various prime contractors will be
identified,
74� 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 pros Filed
Unless otherwise provided in the Supplementary
Conditions OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8- OWNER S RESPONSIBILITIES
81 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER
8 _ In case of termination of the emplovment of
ENGINEER OWNER shall appoint an engineer agewsr
whom—GONTRAC-TOR makes Fie reasonable -L-eencii
whose status under the Contract Documents shall be that
of the former ENGNEER
83 OW'NER shall famish the data required of
UW1ER under the (.ontmct 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 survevs to
esmhlmh reference ponies ar set trath in paragraphs 41
and 44 Paragraph 42 refers to OWNERS identifying
and making available to CONTRACTOR copes of
reports of explorattions and tests of subsurface condition
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been ublized
by ENGINFFR in preparing the Contract Documents
aml maintaining
86 OWNER is obligated to execute Change Orders as
mdicated in paragraph 10 4
8 7 OWNERS responsibility in respect of eenain
inspections, tests and approvals is set forth to
paragraph 13 4
88 In connection with OWNERS right to stop W ork or
suspend Work, we paragraphs 13 10 and 15 1
Paragraph 152 deals with OWNERs right to term mate
services of CONTRACTOR under certain circumstances
89 The OWNER shall not supervise direct or hme
wntrol or authority over nor be responsible for
CONTRACTORS means methods techniques, sequences
or procedures of construction or the safety precautions and
programs mudent thereto or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnshing or performance of the Work
OWNER will not be responsible for CONTRACTORs
failure to perform or furnish the Work in accordance with
the Contract Documents
4
A bdsk. --PCBs#IeW�a^ ter
Radioactive ) faterials teteovered o: rcaided at the site -is
... forth, in apparagraph
8 11 It and to the finintsh
nhave ire.,.. __a_ ...< s
obligations under the Contrast Documents OWNERS
�7eiidnions
ARTICLE 9—ENGINEERS STATUS DURING
CONSTRUCTION
OI{'NCR s Representative
91 ENGINEER mill be OWNERS representative
during the construction penod The dunes and
responsibdtues and the limitations of authority of
ENGINEER as OWNERs representative during
construction are set forth in the ContraL Documents and
shall not be extended without written consent of OWNER
and ENCINEER
I vats to Site
92 FNC [NEER m ill make visits to the sa, at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as do
e\"penenced and qualified design professional the progress
E1CDC GENERAL CONDITIONS 19 LO-8 (1990 Ednm I
w/ CITY OF PORT COLLINS MODIFICATIONS (REV 42000)
that has been made and the quality of the various aspects
of CONTRACTORS executed Work Based on
information obtained during such vans and observations
ENGINEER will endeavor for the benefit of OWNER to
determine in general if the Work is proceeding in
accordance with the Contract Documents ENGINEER
will not be required to make exhaustive or continuous on
site inspections to check the quality or quantity of the
Work FNGINEERs 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 suLh visits and on
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
Board OWNER against defective Work ENCENEERs
visits and on-sne 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
EN( WEER will not supervise direct control or have
authority over or be responsible for CONTRACTORS
means methods teLhniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
turmshing or performance of the Work
Project Representative
03 If OWNER and ENGINEER al,ree 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 m
paragraphs 93 and 9 13 90 __g -
Conditions of these General Conditions If OWNER
designates another representative or agent to represent
OWNER at the -- who s not ENGINEERS Consultant,
agent or cmployee the responsibilities and authontv and
limitations thereon of such other person will be as
provided in "e-Rnppl�tLw V h 9 3
of these General Condtttons If the ENGINEER Estuaries
a Resident Project Representative (RPR) or other
assistants or if the OWNER clesumates a Reorewrcafive
or agentall as provided in oar gr ph 9 3 of the General
Condrtiers these XeMsentatives shall have the autho ty
and himlanims as provided in Paragraph 913 of the
c eneral Conditions and shall be subject to the tollowm
9 3 1 The Representatives cealims in matte
pertarrung to the on site work will, in general be with
the ENGINEER and CONTRACTOR But the
Representative will keep the OWNER prope Iv
advised about such matters The Retirewmatives
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR
9 3- Duties, and Risixmishilities Represcriumn,
will
9321 Schedules Review the _progress
19
schedule and other schedules prepared by thz
CONTRACTOR and consult with the
ENGNEER eoneernnL acceptability
9 3 2 2 Conferences and Meetmg Attend
meeting with the CONTRACTOR such as
preconstruction conferences. progress meetings
and other job conferences and prepare and
circulate copies of mmutes of meetings
93 ? 3 Liaison
93231 Serve as ENGINEERS limson
with CONTRACTOR working principally
through CONTRACTORS superintendent to
assist the CONTRACTOR m understanding
the Contract Documents
93232 Assist m obtaining from OWNER
additional details or mformatmn when
recurred, for proper execution of the Work
93233 Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shoo Draw= or
sample submission if the Submission has not
been approved by the ENGINEER
9 3 2 4 Review of Work, Refection of Defective
Work, Inspections and Tests
9 3 2 4 1 Conduct on site observations of
the W ork in progress to assist the ENGNEER
m determtmng that the Work is proczedmg m
accordance with the Contract Documents
93242 Report to the ENGINEER
whenever the Representative believes that the
Work is unsatisfactoryfaulty or defective or
does not conform to the Contract Documen
o has been damaged or does not meet the
reautremems of any inspections, tests or
approvals reouirzd to be made and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation or requires special tegirL
uMection or approval
93 243 Accompanv visiting msuec[ors
rc rewtjtmg public or other agencies havvhg
junsdwtion over the Protect record the results
of th w manections and report to the
ENGNEER
93=5 Interpretation of Contract
Documents Report to ENGINEER when
clanficanons and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clznfication and mterpretauon
of the Contract Documents as issued by the
ENGINEER
93=6 ModhfILdtions Consider and
evaluate CONTRACTORS suggestions for
2l) EJCDCGENERAL CONDITTONS 1910a(19%Editm)
w/ CI rY OF FORT COLLINS MODIFICATIONS (REV 42000)
modification in Dmwuhgs or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9 3 2 7 Records
9 3 2 8 Reports
9 2 8 1 Furnish ENGINEER penodic
reports as reautred, of the progress of the
Work and of the CONTRACTORS
comphance with the prowess schedule and
schedule of shoo Draw= and sample
submittals
9 3- 9 2 Consult with ENGINEER in
advance of scheduling mmor tests
mspections or start of unportant phases of the
Work
932 83 Draft proposed Change Orders
and Work Directive Changes, obtammg
backup matenal from the CONTRACTOR
and recommend m ENGINEER Change
Orders Work Directive Changes and field
orders
912 84 Report immec ately to
ENGINEER and OWNER the occurrence of
any accident
9329 Payment Requests Review application
for payment with CONTRACTOR to compliance
with the established procedure for their
submersion and forward with recommendation to
ENGINEER noting particularly the relauonshm of
the payment requested to the schedule of values,
work completed and materials and equipment
dehrered at the site but not incorporated in the
Work
9 3 2 10 Comdelion
931101 Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
remminn correction or completion
932102 Conduct final inspection in the
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items m be corrected or completed
932103 Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance
933 Limitation of Authority The Representable shall
not
9331 Authorize am deviations from the
Contract Documents or accent any substitute
materials or equipment unless authorized by the
ENGINEER
9332 Exceed limitations of ENGINEERS
authonts as set forth in the Contract Documents
9 3 3 3 Undertake any of the responsibilities
of the CONTRACTOR Subcontractors or
CONTRACTOR S superintendent
9334 Advise on or issue directions relative
to or assume control over any aspect of the
means methods techmutyues seguences_or
procedures for construction unless such is
specifically called for in the Contract Documents
933S Advise on or issue directions
ne a¢ riling a assume control over safety
precautions and programs in connections with the
W ork
9 3 3 6 Accept Shop Drawings or same
submittals from anyone other than the
CONTRACTOR
93 17 Authorize OWNER to occuM the
W ork in whole or in part
9338 Parucmate in sveetalized field or
laboratory tests or inspections conducted by others
ewept as specifically authorized by the
ENGINEER
Clarifications and Interpretations
94 ENGINEER will issue with reasonable promptness
such written clarltications or interpretations of the
EJCDC GENERAL CONDITIONS 19104 (1990 Edit an)
wl QTY OF FORT COLGNS MODIFICATIONS(REV In 0M)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary which shall be consistent with the intent of and
reasonably inferable from the Contract Documents Such
written clarifications and interpretations will be bmding on
OWNER and CONTRACTOR It OWNER or
CONTRACTOR believes that a written clartfcabon or
interpretation justifies an adjustment in the Contract Price
or the Contract Tines and the parties we unable to agree
to the amount or extent thereof if any OWNER or
CONTRACTOR may make a written clan theretcr as
provided inArucle 11 or Article 12
4uthmzed Variations in Work
95 ENGINEER may authonze minor variations in
the Work from the requirements of the ( omma
Documents which do not involve an adjustment in the
Contract Rice or the Contract Times and are compatible
with the design concept of the completed Project as a
ttmcboning whole as indicated by the Contrict
Documents These maybe 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 clam therefor as
provided in Article I or 1
Rejecting Defective Work
96 ENGINEER will have authority to disapprove or
reject Rork which ENGINEER belu,ves 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 Docum nts 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 andPawneirfs
97 In connection with ENGINEERS authority as to
Shop Drawings and Samples, see paragraphs 6 24 through
6 _8 inclusive
98 In connection with ENGINEERS suthonty as to
Change Orders, see lrticles 10 11 and 11
99 In connection with ENGINEERS authority as to
Applications for Payment see Article 14
Determnnanonv for L nit Prices
910 ENGINCFR will determine the actual qumm es
and classifications of Unit Price Work performed by
CONTRACTOR IN( INFER will review with
CONTRACTOR the ENGINEERS preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
for Payment or otherwise) ENGINEER s written decision
thereon will be fmal and binding upon OWNER and
CONTRACTOR unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER% decision and (i) an
appeal from ENGINEERS decision is taken within the time
limits and in accordance with the procedures set froth in
Exhibit GC A Dispute Resolution Agreement entered
no between OWNER and CONTRACTOR pursuant to
Article 16 or (u) if no such Dispute Resolution Agreement
has been entered into a formal proceeding is mstua ted by
the appealing party in a Conan of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGTNEERs decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 911
Decisionv on Disputes
911 ENGINEER will be the antral 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 mterpretanon of the requirements of the Contract
Documents pertaining to the performance and fumsjung of
the Work and claims under Articles I 1 and 12 in respect of
changes in the Contract Price or Contract Tunes will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph
'4 ritten notice of each such clam[ dispute or other matter
will be delivered by the clammant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than flinty 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
srxty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim dispute or other matter The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimants last
submittal (unless ENGINEER allows additional time)
ENGINEER will render a formal decision in writing within
thrrts days after receipt of the opposing party 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 FNGINEERs decision is taken
within the time limits and in accordance with the
procedures set forth in FXHTBTT CC A, Dispute
Resolution Agreement entered into between OWNER and
CONTRACTOR pursuant to Article 16 or (n) 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 decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may has a 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 CON FnoN819104(1990 Edt m) 22
w CITY OF FORT COLLM MODIFICATIONS (REV 40000)
decision unless otherwise agreed in writing by OWNER
and CONTRACTOR
911 When functioning as interpreter and judge under
paragraphs 9 10 and 911 ENGINEER will net how
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 final payment as provided in
paragraph 1415) will be a condition precedent to any
exercise by O WNFR or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents a by Laws or Regulations in respect of any
such clatm dispute or other matter-ps mHe 4tu,le-16
913 Lrmdunons on EhCLNEER s Authority and
Responsibilities
9 13 1 Neither ENGINEERS authority or
responsibility cinder the 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
a give rise to any duty owed by ENGINEER to
CONTRACTOR any Subcontractor any Supplier
any other person or organization, or to any surety for
or employee or agent of any of them
9132 ENUINEFR will not supervise direct
control or have authority over or be responsible for
CONTRACTORs means, methods techniques
sequences or procedures of construction, or the safety
precautions and programs incident thereto or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the famishing or
performance of the Work ENGINEER will not be
responsible for CONTRACTORS failure to perform
a furnish the 1A ork 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 an) Supplier or of any other person or
organization performing or fumishmg any of the
Work
9 13 4 FN( INFFR s review of the final Application
for Pavment and accompanying documentation and
all maintenance and opemung instructions schedules,
guarantees, Bonds and certificates of inspection tests
and approvals and other documentation requrtcd to be
delivered by pamgmph l4 12 will only be to
cktermme generally that their content complies with
the requirements of and in the case of certificates of
inspections tests and approvals that the results
cer fled indicate compliance with the Contract
Documents
9 13 5 The limitations upon authority and
responsibility set forth in this pam gmph 9 13 shall also
apply to ENGINEERS Consultants, Resident Project
Representative and assistants
ARTICLE 10—CHANGES IN THE WORK
101 Without invalidating the lgreemcnt and without
notice to any surety OWNER may at any time or from
time to tune order additions deletions or revisions in the
Work Such additions deletions or revisions will be
authorized by a Written Amendment, a Change Order or a
Work Change Directive Upon receipt of any such
document CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the (.ontract Documents (except as
otherwise specifically provided)
11)'i It OWNER and CONTRACIOR are unable to
agree as to the extent if any of an adjustment in the
Contract Rice or an adjustment of the Contract Lanes that
should be allowed as a result of a Work Change Directive
a clam may be made therefor as provided in Article I I 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 no required by
the Contract Documents as amended, modified and
supplem ented as provided in paragraphs 3 5 and 3 6 except
in the case of an emergence as provided in paragraph 6 23
a in the case of uncovering Work as provided in
paragraph 13 9
104 OWNER and CONTRA(. FOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering
1041 changes in the Work which are It) ordered
by OWNER pursuant to paragraph 10 1 (it) required
because of acceptance of defective Work under
paragraph 13 13 or correcting defective Work under
paragraph 13 14 or (tit) agreed to by the panics
1042 changes in the Contract Rice or Contract
Times which are agreed to by the parties and
10 43 changes to the Contract price or Contract
Times which embody the substance of any written
decision rendered by FNCP IIFFR 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 cam on the Work and
adhere to the progress schedule as provided in
paragraph 6 29
105 If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including but not limited to Contract Price or ( ontract
Times) is required by the provisions of any Bond to be
given to a surety the giving of mw such notice will be
CONTRACTORS responsibility and the amount of each
applicable Bond will be adjusted accordingly
ARTICLE II—CHANGF OF CONIRACT PRICE
111 The Contract Price ccrostnutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTORS expense
without change in the Contract Price
l l' The Contract Price may only be changed by a
Change Order ce by a Written Amendment Any clan
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 thine days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim Notice of the amount of the
claw with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time tot claimant to submit
additional or more accurate data in support of the clan)
and shall be accompanied by claunama written statement
that the adjustment clawed covers all known amounts to
which the claimant is entitled as a result of said
occumence or event 411 claws for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 911 if OWNER and
CONTRACTOR cTnnot otherwise agree on in amount
involved No claw for an adjustment in the ( ontract
Rice will be valid if not submitted in accordance with this
paragraph I
I I The %slue of any Work covered by a Change
Order or of any claw for an adjustment in the ( ontract
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
EICDCCEH6 CONDITION9191M(1990 EAi m) 1_3
w/ CITY OF FORT COLLINS MODIFICATIONS ncW 40000)
or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are
sufficient in scope and detail to indicate and convey understanding
of all terms and conditions for performance and furnishing of the
Work
5 0 INTERPRETATIONS AND ADDENDA
5 1 All questions about the meaning or intent of the Bidding Documents
are to be submitted in writing to the Engineer and the OWNER
Interpretation or clarifications considered necessary in response
to such questions will be issued only by Addenda Questions
received less than seven days prior to the date for opening of the
Bids may not be answered Only questions answered by formal
written Addenda will be binding Oral and other interpretations or
clarifications will be without legal effect
5 2 All questions concerning the scope of this project should be
directed to the Engineer Questions regarding submittal of bids
should be directed to the City of Fort Collins' Purchasing
Division
5 3 Addenda may also be issued to modify the Bidding Documents as
deemed advisable by OWNER or Engineer
5 4 Addenda will be mailed or delivered to all parties recorded
by the OWNER as having received the Bidding documents
6 0 BID SECURITY
6 1 Each Bid must be accompanied by Bid Security made payable to
OWNER in the amount stated in the Invitation to Bid The required
security must be in the form of a certified or bank cashier s check
payable to OWNER or a Bid Bond on the form enclosed herewith The
Bid Bond must be executed by a surety meeting the requirements of
the General Conditions for surety bonds
6 2 The Bid Security of the successful Bidder will be retained
until such Bidder has executed the Agreement and furnished the
required contract security, whereupon Bid Security will be
returned If the successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within 15
days of the Notice of Award OWNER may annul the Notice of Award
and the Bid Security of that Bidder will be forfeited The Bid
Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the
earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening whereupon
Bid Security furnished by such Bidders will be returned Bid
Security with Bids which are not competitive will be returned
within seven days after the Bid opening
Rev 10/20/07 Section 00100 Page 3
Paragraphs 119 1 through 1 l 9 j inclusive)
11 32 where the Work involved is not covered by
unit pnces contained in the Contract Documents by a
mutually agreed payment basis, including lump sum
twhich may include an allowance tar overhead and
profit not necessarily in accordance with
paragraph I 1 6 2)
11 3 3 where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11 3 2 on the basis of the C ost of the Work
(determined as provided in paragraphs 114 and 11 5)
plus a CONTRACTORS fee tot overhead and profit
(determined as provided in paragraph I 1 6)
Cost of the {York.
114 The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONIRAC 1 OR in
the proper performance of the W ork 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 115
1141 Pa Toll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR Sudr
employees shall include without limitation
supenntendems foremen and other personnel
employed full time at the site Payroll costs for
employ es not employed full time on the Work shall
be apportioned on the basis of their tune spent on the
Work Payroll costs shall include bill 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 and refireme benefits- beamses
applicable thereto
The expenses of pertorming Work after regular
working hours, on Saturday Sunday or legal hohdays
shall be included in the above to the extent authorized
by OWNER
Il 42 Cost of all materials and equipment furnished
and incorporated in the Work Including costs of
transportation and storage thereof and Suppliers' field
services required in wnnection 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 amine to OWNER All trade
discounts rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER and ( ONTRACTOR shall make provisions
w) that they may he Maimed
1143 Payments made by CONTRACTOR to the
Subcontractms for Work performed or furnished by
Subcontractors If required by OWNER,
04 ESCDC GENERAL CONDITIONS 19104(1990 Edt m)
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 than determine with the add ice of
ENGINEER, which buds, if any will be aaepted if
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee
the Subcontractors Cost of the Work and tee shall be
determined in the same manner as CONTRACTORS
Cost of the Work and tee is provided in
paragraphs 114 115 I1 6 and 117 All
subcontracts shall be subject to the other provisions of
the C cntract Documents insofar as applicable
11 44 Costs of special consultants (including but
not limited to engineers arclutects testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work
1145 Supplemental casts including the following
11 4 5 1 The proporbAn of necessary
transportation, travel and subsistence expenses of
CONTRACTORs employees incurred of
discharge of duties connected with the Woik
11 4 5 _ Cost including transportation and
maintenance of all maleriais, supplies,
equipment machmery appliances office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work and cost less market
value of such items used but not consumed which
remain the property of CONTRA( TOR
11453 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 advae 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 pans shall cease when the use
thereof is no longer necessary for the W ork
11454 Sales consumer use or similar taxes
related to the Work, and for which
CONTRA( TOR 1s liable unposed by Laws and
Regulations
11455 Deposits lost for causes other than
negligence of CONTRACTOR any
Subcontractor or anyone directly or mdrrectly
employed by any of them or tot whoa acts any
of them may be liable and royaltv payments and
fees for permits and licenses
11496 Losses and damages (and related
expenses) caused by damage to the Wort. not
compersated by Insurance or otherwise sustained
by CONTRACTOR in connection with the
pertormanee and famishing of the 'A ork (except
losses and damages within the deductible amounts
of property insurance established by OWNER In
accordance with paragraph � 9) provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTORS fee If however any such loss
or damage requires reconstruction and
CONTRA( TOR 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 sanitary
facilities at the site
114 58 Minor expenses such as telegrams
long distance telephone calls, telephone service at
the site expressage and similar pettv cash items in
coimection with the W ork
114 � 9 Cost of premiums for additional Bonds
and insurance required because of changes in the
Work
115 The term Cost of the W ork shall not include any of
the tollowing
1151 Payroll costs and other compensation of
CONTRACTORS officers executives principals (of
partnership and sole proprietorships) general managers,
engineers, architects estimators attorneys, audumr
acs,ountants purchasing and contracting agems,
expediters timekeepers clerks and other personnel
employed by CONTRA('] OR whether at the site or in
CONTRACTORS principal a a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragmph 11 41 or
specifically covered by paragraph 11 4 4 all of which
are to be considered administrative costs covered by the
CONTR.4CTORs fee
11 5 2 Expenses of CONTRACTORS principal and
branch offices other than CONTRACTORS of Re at
the site
1153 Anv 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 or not ( ONTR 1CTOR m required
by the ( ontract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11 4 5 9 above)
EJCDC GENERAL CONDIirON819104 (1990 Edlnm)
CITY OF PORT COI LINE MODIFIC4TIONS (REV 42000)
11 5 5 Costs due to the negligence of
CONTRACTOR any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable including but
not limited to the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property
115 6 Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11 4
116 the COMRACIORs tee 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 carious
portions of the Cost of the W ork
11 6 2 1 for costs incurred under
paragraphs 114 1 and it 4 � the
CONTRA( TOR s tee shall be fifteen percent,
11 6 _' for costs incurred under
paragraph 114 3 the CONTRACTORS fee shall
be five percent
11623 where one or more tiers of
subcontracts are on the basis of Lost of the Worl
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 1141 1142 1143 and
116 2 is that the Subcontractor who actually
Performs or furnishes the Work at ahater cr ti•
will be paid a fee of fifteen percent of the posts
incurred by such Subcontractor under paragraphs
1141 and 1142 and that any In tier
Subcontractor and CONTRACTOR aileach be
paid a fee ^ram—: • _v.x._ .._ __
the next lower tier aeten to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lox er
her Subcontractor
11 624 no tee shall be pa}able on the basis
of costs itemized under paragraphs 114 4 114 s
and I 1 5
I1 62 :1 the amount of credit to be allowed
by ( ON TRACTOR 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
11 6 2 o when both additions and credits are
involved in any one change the adjustment in
( ON rR ACTOR s fee shall he computed on the
basis of the net change in accordance with
paragraphs 116 2 1 through 116 2 a inclusive
117 Whenever the cost of an} Work is to be
determined pursuant to pamgmphs 114 and 11 S
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
item ind cost breakdown together with supporting data
Caih Allowances
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 furnished and performed for such sums as may be
acceptable to O WNhR and ENGINEER CON l RAC l OR
agreesthat
11 8 1 the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and an applicable taxes and
11 82 CONIR GIORs costs for unloading and
handling on the site labor installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Rice
and not in the allowances and no demand for
additional payment on account of any of the faegaing
will be valid
Prior to final payment an appropriate Change Order will be
issud as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work cover d
by allowances, and the Contract Price shall be
correspondingly adjusted
119 One Prrce Work
11 9 I Where the Contract Documents provide that all
or part of the W ork is to be Unit Price Work initially
the Contract Rice will be deemed to include for all
Unit Rice W ork an amount equal to the sun 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 actual Contract
Rice Detennrnauons of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordan e with paragraph 9 10
11 92 Fach unit price will he deemed to include an
amount considered by CONTRACTOR to be adequate
to corer CONTRACTORS overhead and profit for
each separately identified item
It 9 3 OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Rice in
accordance with Article 11 of
119 31 the quantity of my item of Unit Rine
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement
ob EICDC GENERAL CONDITIONS 19104 (1990 Edium)
i CITY OF FORT COLLIM MODIFICATIONS (REV 42000)
and
11932 there is no corresponding adjustment
with respect to am other item of Work and
11933 if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of an} such increase or decrease
11934 CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or cha a uanrtiues at OWNERS sole
discretion without of eamg the Contract Price of
any remaimnr, item so long as the deletion or
addition does not exceed t"M 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 6imendment
Any clam for an adjustment of the Contract Times (or
Milestones) 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 thirty
da)s) 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 clam with supporting data shall be
delivered within sixty da) s after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the clam) and shall be
accompanied by the clamarifs written statement that the
adjustment claimed is the entire adjustment to which the
clamant has reason to believe it its entitled as a result of
the occurrence of said event All claims for adjustment in
the Contract Times (or Milestones) shall be demtmtnc l by
ENGINEER in accordance with pamgraph911 if
OWNER and CONTRACTOR cannot otherwise agree
No clam for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of dus paragraph 12 1
12' All time limits stated in the Contract Documents
are of the essence of the Agreement
1_3 Where CONTRACTOR its prevented from
completing my pert of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
( ONTRACTOR the Contract Times for Milestones) will
be extended in an amount equal to time lost due to such
delay of a clam is made therefor as provided in
paragraph 1' 1 Delays beyond the control of
CONTRA( TOR shall include but not lie limited to acts
or neglect by OWNER acts or neglect of utility owners or
other contractors performing other work as contemplated
by Anicle 7 Cues floods epidemics abnormal weather
conditions a acts of Gad Delays attributable to and
within the control of a Subcontractor or Supplier shall Is,
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 their tot
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 utility owners
or other contractors perform mg other work as contemplated
by Article 7
ARTICLE 13 TESTS AND INSPECTIONS
CORRECTION REMOVAI OR ACCEPTANCE OF
DFFECTME WORK
LI1 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 m this Article 13
4cee%to 9 ork
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 st
-nabe-�,�.- time for their observation, uspecting and
testing CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTORS site safety procedures and programs w
that they maN comply therewith as applicable
Teas andItopectnons
133 CONTRACTOR shall give ENGTNFER ninety
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 pertorm all
inspections tests, or approvals requmed by the Contract
Dowments except
13 4 1 for inspections tests or approvals overed
by paragraph 13 5 below
1342 that costs incurred in connecton with tests
or inspections conducted pursuant to paragraph 13 9
EJCDC GENERAL CONDITIONS 19104 (1990 Edit w)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P 000)
below shall be paid as provided in said
paragraph 13 9 and
1343 as otherwise specifically provided in the
Contract Documents
13 > If I aws 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 responsibiht) for arranging and
obtaining such inspections tests or approvals, pay all costs
in connection therewith, and famish ENGINEER the
required certificates of inspection or approval
CONTRACTOR shall also be responsible for arranging
and obtarrng and shall pay all costs in connection with
any mspectons, tests or approvals required for OWNERS
and ENGINEERS acceptance of materials or equipment to
be incorporated in the Work or of matenals, ma destgrL%
or equipment submitted for approval prior to
(ON IRAC IORs purchase thereof Nor incorporation in
the Work
136 It any Work (or the work of others) that its to be
inspected, tested or approved is covered by
CONTRACTOR without written concurruwe of
FNGPIEER it must, if requested by ENGINEER be
uncovered for observation
1 3 7 Uncovenng Work as provided in paragraph 13 6
shall be at CONTRACTORS expense unless
CONTRACTOR has grN en ENGINEER rarely notice of
CONTRACTORS intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response m such notice
t ncovenng Work
13 8 If any W ork 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
ENI.INEERs request, shall uncover expose or otherwise
make available for observation inspection or testing as
ENGINEER may requrre that portion of the Work in
question, famishing all necessary labor material and
equipment If it is found that such Work is defective
CONTRA( FOR shall pay all clanms, costs lasses sod
damages caused by arsint, out of or resulting from such
unwvering exposure observation, inspection and testing
and of satisfactory replacement a reconstrucnon
(including but not (muted 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 I If however such Work its not found to be
defectve CONTRACTOR Shall be allowed an increase in
the Contract Price or an extension of the Cemtract Times
(or Milestones) or both, directly atmbutable 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 I I and I°
OWNFR Nay Stop the Work
13 10 It the Work is defective or CONTRACTOR falls
to supply sufficient skilled workers or suitable materials or
equipment or fails to famish or perform the Work in such a
way that the completed Work will conform to the Contract
Doeuments OWNER may order ( ON IRACI OR 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 W ork shall not give rise to anv, duly on the part
of OWNER to exercise this right for the benefit of
( ONTRACTOR or any surety or other partv
Correction or Removal efDefeenve Work
13 11 It required by ENGINEER ( ONTRACTOR shall
promptly as directed, either correct all defeehve Work,
whether or not fabricated installed or completed, or it the
Work has been rejected by ENGINEER remove it from the
site and replace it with Work that is not &fectne
CONTRACTOR shall pay all LIMVIS cost; 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
13 121 If within ens -year two yearn after the date of
Substantial Completion or such longer period of tune as
may be prescribed by Laws or Regulations or by the
Forms of any applicable special guarantee required by
the ( ontract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defecate CONTRACTOR shall promptly without cost
to OWNER and in accordance with OWNERS written
instructions (t) career such defective Work or if it has
been rejected by OWNER remove it front the site and
replace it with Work that is not defective and (u)
sanstactorth, correct or remove and replace any damage
to other Work or the work of others resulting therefrom
If CONTRACTOR does not promptly comply with the
terms of such instructions or in an emergency whuru
delay would cause serious risk of loss or damage
OWNER may hav e the defective Work contacted or the
rejected Work removed and replaced and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13122In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial (ompletron of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specrficmtons or by
Written Amendment
13 123 Where defective Work (and damage to other
,�$ FICDC GENERAL CONDITIOM 19104(1990ENmm)
w/ OTY OF FORT COLLINS MOD1FIt AT10NS (REV 41000)
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 a e-yeer
two years after such correction or removal and
replacement has been sansfactonly completed
ALeeplance of Defeeto a Work
13 13 It instead of requiring correction or removal and
replacement of defective Work OWNER (and, prior to
ENGINEERS recommendation of final payment also
bNGINEER) prefers to accept 1L OWNER may do so
( ONTRACTOR shall pay all damns costs, losses and
damages attributable to OWNERS evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness) If any
such aveeptance 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 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 OWNFR may make a clam therefor
as provided in Article I It the acceptance occurs after
such recommendation, an appropriate amount will be paid
by( ON rRAC FOR to OWNER
OWNER May C.orred Defechv a Work
1314 If CONTRACTOR fads withun a reasonable time
after written notice from ENGINEER to correct defeetne
W wk or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13 11 a if
CONTRACTOR fads to perform the Work in accordance
with the Contract Docum nts or if ( ONTRA( TOR fails
to comply with any other provision of the ( ontract
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 comectwe and remedial action.
OWNER may exclude CONTRACTOR from all or part of
the site, tale possession of all or part of the W ork and
wspend CONTRACTORS services related thereto take
possession of CONTRA( TORS tools appliances,
construction equipment and machinery at the site and
mcorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere
CONTRACTOR shall allow OWNER OWNER%
representatives, agents and emplovees OWNFRs other
wntmctors and FNGINEER and ENGINEERS
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
clans 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 W irk ind
OWNER shall be entitled to an appropriate decrease in the
Contract Price and of the parties are ratable to agree as to
the umoanl thereof OWNER may make a claim therefor
as provided in Article 11 Web clams costs, lasses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction removal or replacement of
CONTRACTORs defective Work CONTRACTOR shall
not be allowed an extension of the Contract Tunes (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by O WNER of O WNERs
nghts and remedies hereunder
AR fICLE 14 PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of t abies
141 The schedule of values established as provided in
paragraph 2 9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER Progress payments on
account of Last Price Work will be based on the number of
units completed
Application for Progress Payment
142 At least twenty days before the date established for
each progress payment (but not more often than once a
month) ( ONTRACTOR 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 its 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 W in writing the Application for Payment
shall also be iccompanmed by a bill of sale invoice or other
documentation warrantni, 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 insairance 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 Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or arty arrangements involving an escrow or
custodianship By executtrai the application for payment
form the CONTRACTOR extressly wan es his right to the
benefits of Colorado Revised Statutes, Section 24 91 lot
et sea
CONTRACTORS Ifarranty 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 tim,
of payment free and clear of all I hens
Review ofApphcanons for Progress Payment
144 ENGINEER will within ten days alter receipt of
each Application for Payment either indicate in witting a
recommendation of payment and present the Application
to OWNER or return the Application to CONTRACTOR
indicating in writing ENGINEER s reasons for refusing to
recommend payment In the latter case CONTRACTOR
may make the necessary corrections and resubmit the
Application Ten days after presentation of the
Application for Payment to OWNER with ENGINEERS
recommendabon 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 ENUINEhRs 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
CNCINEERsknowledge information and belief
14 1 1 the Work has progressed to the point
indicated
1452 the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion to the results
of any subsequent tests called for in the Contract
Documents to a final determination of quantities and
clasvfications for Unit Price Work under
paragraph 9 10 and to anv other qualifications stated
in the recommendation) and
14 � 3 the conditions precedent to
CONTRACTORs being entitled to such payment
appear to have been fulfilled insofar as it its
ENGINEFR s responsibility to observe the Work
However by recommending any such pavirent
ENGINEER will not thereby be deemed to have
represented that (i) exhaustive or continuous on site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in th Contract
Documents or (n) 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
lA 6 ENGINEERS recommendation of any payment
including final payment shall not mean that FNCINFFR
is responsible for CONTRACTORS means methods
techniques sequences or procedures of construction or
the safety precautions and programs incident thereto or
for arw failure of CONTRACTOR to comply with Laws
and Regulanons applicable to the furnishing or
performance of Work, or for any f iure of
CONTRACTOR to perform or fumhsh Work in
ac arsine with the Contract Documents
147 ENCINEER may retuse to recommend the whole
or any part of any payment if in ENGINFER s opinion it
would be incorrect to make the representations to
EKDC GENERAL CONDITIONS 191 M (1990 Edlhoal pQ
w QTY OF FORT COLLINS MODIFICATIONS (REV N0001
OWNER referred tom paragraph 145 ENGINEER may
also refuse to recornmend any such payment or because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullity any such payment
previously recommended, to such extent as may be
necessary in EN(sLN-EERs opinion to protect OWNER
from loss because
147 1 the W ork is defective or completed Work has
been dam aged requiring correction or replacement
1472 the Contract Pric has been reduoed by
Written Amendment or Change Order
1473 OWNER has been required to correct
defective Work or complete Work in accordance with
raragraph 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
147� claims have been made against OWNER on
account of CONTRACTORS performance or furnishing
of the Work
14 7 6 1 Fens have been filed in connection with the
Work except where CONTRACTOR has delivered a
specific Bond satistaetory 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 71 through 14 7 3 or paragraphs 15 2 I
through I D 2 4 Fnclusne
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) strung the
reasons for such action and promptly Fay ( ONTRACTOR
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 W ork
readv for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion
Main a reasonable time thereafter OWNER
CONTRACTOR and FNCFNFFR shall make an inspection
of the Work to determine the status of completion If
ENGINEER does not consider the Work substantially
complete ENGINEER will notify ( ONIRACTOR in
writing giving the reasons therefor If ENGINEER
30 EICDCGENERALC0NDITTON31910-8(1990Eda.)
W CITY OF FORT COLLINS MODIFICATIONS I 40000)
considers the Work substantially complete ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fie the date of
Substantial Completion There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certihcate a 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 CON IRACIOR in writing
statmg 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 definitive cenitcate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as EN(.1NhhR believes justified after
consideration of any objections fiom 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 otherwtse in writing and so inform
ENGINEER in writing prior to ENGINEERS issuing the
definitive certificate of Substantial Completion
ENGINEERs aforesaid recommendation will be binding
on OWNER and CONTRACTOR until foal payment
149 OWNER shall have the right to exclude
CONTRACTOR tram the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Parnal Utilization
1410 Use by OWNER at OWNERS option of any
substantially completed pan of the W ork which 0) has
specifically been identified in the Contract Documents, or
(u)OWNER ENGINEER and CONTRACTOR agree
consulates a separately funetiomng and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTORS performance of the remainder of the
Work may be accomplished print to Substantial
Complenon of all the Work subject to the following
14 10 1 OWNER at any tun, may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete If CONTRACTOR agrees that such part of
the Work is subslartHly complete CONTRA( TOR
will certify to OWNER and HNCNEER that such
part of the Work is substantially complete and request
ENGINEER to issue a ocroluate of Substntal
Completion for that pan of the Work
I ONE RACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
Fan of the Wort. Within a reasonable time after either
such request, OWNER CONTRACTOR and
ENGINEER shall male an Inspection of that part of
the Work to determine its status of completion If
ENGINEER does not consider that part of the Work to
be substantially complete ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor If ENGINEER considers that part of
the Work to be substantially complete the provisions
of pamgaphs 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 fire( 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 defectne 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
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees Bonds, certificates or other evidence of
insurance required by paragmph54 certificates of
inspection, marked up record documents (as provided in
paragraph 619) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments The final Applicationfor
payment shall be accompanied (except as previously
delivered) by (i) all documentation called for in the
Contract Documents Including but not limited to the
evidence of insurance required by subparagraph 5413
(u)consent of the surety if any to final payment and
(in) complete and legally effective releases or waivers
(satistactory to OWNER) of all Lints arising out of or tiled
in connection with the Work In lieu of such releases or
wavers of Liens and as approved by OWNER
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that (I) the releases and
receipts include all labor services, material and equipment
for which n Tien could be filed and (n) 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 been paid or
otherwise satisfied If any Subcontractor or Supplier fails
to tannish such a release or receipt in full
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER m Indemnify OWNER against
any Lim Releases or warvers of (tens and the consent of
the surety to finalize Dayment are to be submitted on
forms conforming to the format of the OWNER 9 standard
forms bound in the Protect manual
Final Pavinent andAeeeptance
1413 If on the basis of ENGINEERS observation of
the Work during construction and final inspection, and
EN( INEERs review of the trial Application for payment
and accompanying documentation as required by the
Contract Documents ENGINEER is sabsfied that the
Work has been completed and CONTRACTORS other
obligations under the Contact 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 its acceptable subject
to the provisions of paragraph 14 15 Otherwise
ENGINEER will ream the Application to
CONTRACTOR indicating in writing the reasons for
refusing to recommend final payment in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate foam and substance and
with ENGEQFERs recommendation and notice of
acceptability the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17 o 2 of these
Gcneml C.anditions
1414 If through no fault of CONTRACTOR, final
completion of the Work its significantly delayed and if
ENGINEER so confirms, OWNER shall, upon r celpt of
(.ONTRACTORs final Application for Payment and
recommendation of ENGINEER and without terminating
the Agreement make pay ment 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 retarnage
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
porton of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application tor such payment Such payment shall be
made under the mans and conditions governing final
paymcnt, except that it shall not constitute a waver of
clams
Wmver ofClmms
1415 The making and acceptance of final payment will
constitute
14 15 1 a waiver of all claims by OWNER against
CONTRACTOR, except claims ansumg from
unsettled Liens, from defective Work appearing after
EICDC GENERAL CONDITIONS 19104 (1990 EAuen) 31
w/ a TY OF FORT COLLINS MODIFICATIONS (REV 4 ^000)
final inspection pursuant to paragraph 14 11 from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein or
from CONTRACTORS continuing obligations under
the Contract Documents and
14 U 2 A waiver of all clans by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled
ARTICLE 15- SUSPENSION OF WORK AND
I'MA71NALION
OWVER.11m Suspend Work
151 At any nine and without cause OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will trx 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 of CONTRA( TOR
makes an approved claim therefor as provided in
Articles 11 and 12
OWNER May Terminate
152 Upon the occurrence of any one or more of the
following events
15 _ 1 if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph^9 as adjusted from time to time
pursuant to paragraph 6 6)
1522 if CONTRACTOR disregards Laws or
Regulations of any public body having junsdictmn
1,23 if CONTRACTOR disregards the authority of
ENGINEER or
1524 it CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents
OWNER may after giving CONTRACTOR (and the
surety 1f 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) incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
EICDC OFNERAL CONDtrON4 19104 (1 990ENt m)
3— w/ CITY OF FORT COLT I NS MODIFICATIONS(REV 42000)
CONTRACTOR but which are stored elsewhere and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be emitted to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Rice excceds all clans costs,
losses and damages sustained by OWNER rising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such clams, costs, losses and
damages exceed such unpaid balance CONTRACTOR
shall pay the difference to OWNER Such clans costs
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENUINEER incorporated in a ( hange Order
provided that when exercising any rights or remedies
under dus paragraph OWNER shall not be required to
obtain the lowest pace for the Work perform ed
153 Where CONTRACTORs services have been so
terminated by OWNER the ter ination will not affect
any rights or remedies of OWNER against
CONIRACTOR then ewstnng or which may thereafter
accrue Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from hablli[v,
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 ternminate the Agreement In
such case CONTRACTOR shall be paid (without
duplication of any items)
1541 for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the etTecbve date of termination including tau and
reasonable sums for overhead and profit on such
Work
I14 2 for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor materials or equipment as required
by the Contract Documents in connection with
uncompleted Work plus fax and reasonable sums for
overhead and profit on such expenses
1543 for all clatms, costs, losses and damages
mcmTed 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
antmnpated profits or revenue or other economic loss
arising out of or resulting from such termination
('ONTRICTOR Ilay Stop Work or Terminate
15, If through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER tails for thirty days to pay CONTRACTOR any
sum finally determined to be due then CONTRACTOR
may upon seven days written notice to OWNER and
ENGINEER and provided OWNER or ENGINEER do not
remedy such suspension or failure within that tune
terminate the Agreement and reenter from OWNER
payment on the same terms as provided in paragraph 15 4
In lieu of terminating the Agreement and without prejudice
to any other right or remedy if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted or OWNER has faded for thirty days to pay
CONTRACTOR any sum finally determined to be due
CONTRACTOR may upon seven days written notice to
OWNbR and ENCANEER stop the Work until paymentof
all such amounts due CONTRACTOR including interest
thereon The provisions of this paragraph 155 are not
intended to preclude CONTRACTOR fiom making clan
under Articles l l and 12 for an increase in Contract Price
or Contract Times or otherwise lot expenses or damage
directly attributable to CONTRACTORS stopping Work as
permitted by this paragraph
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement such dispute resolution method and procedure
if any shall be as set forth in Exhibit GC A, Dispute
Resolution Agreement to be attached hereto and made a
part hereof If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9 10 9 11 and
9l2 OWNFR and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of my dispute
ARTICLE 17—MISCELLANEOUS
Giving Notice
l71 Wheneter any provision of the Contract
Documents requires the giving of written notice it will he
deemed to have been validly given it delivered in person to
the individual or to a member of the hunt or to an officer of
the corporation for whom it is intended or if delivered at or
sent by registered or certified mail postage prepaid to the
last busmess address known to the giver of the notice
172 Computation of Time
17 2 1 When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
penod 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 jurvxhetirm such day will
be omitted from the computation
EICDCGENERAL CON JnONS 19105(1990 Edam)
wr CITY OF FORT COLLINS MODIFICATIONS (REV 0000)
17 2 2 A calendar day of twenty four hours measured
fiom midnight to the next midnight will constitute a
day
Notice of Claim
17 3 Should OWNER or CONTRACTOR softer injury
or damage to person or property because of any error
omission or act of the other party or of any of the other
parties employees or agems or others for whose acts the
other party is legally liabk, clan 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 out be construed as a substitute
for or a waiver of the provisions of any apphcablt statute
of limitations or repose Cumulative Remedies
174 The duties and obligations unposed 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 611 616 030 631 632 131 1312 la 14
14 3 and 1, 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 li nuation
of any rights and remedies available to any or all of them
which are otherwise unposed 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 eftective 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 claims, costs
losses and damages it shall include in each case but not
be limited to all tees and charges of engineers architects
attorneys and other professionals and all court or
arbitration or other dispute resolution costs
176 The laws of the State of Colorado apply to thn
Agreement Reference to two reru e t Colorado statute
are as follows
1762 If a claim is filed OWNER is required by
law (( Rb 18 26 107) to withhold from all payments to
CONTRACTOR sufficient tunds to insure the
payment of all claims for labor materials team hire
sustenance Provisions, Provender, or other supplic
used or consumed by CONTRACTOR or his
33