HomeMy WebLinkAboutRFP - P1133 LP ELECTRICAL SERVICES UNDERGROUND PROGRAMFinancial Services
Purchasing Division
215 N. Mason St. 2n° Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221,6707
Icgov. corn/purchasing
REQUEST FOR PROPOSAL
P1133 LP Electric Services Underground Program
The City of Fort Collins (also referred to as the Fort Collins Utilities) is requesting proposals from
qualified construction contractors to assist the Utility in installing underground electric lines. The
Utility intends to select a primary contractor to perform directional boring and/or trenching
operations, mostly in existing subdivisions, and the selected contractor will work closely with
Utility crews and customers to accomplish this goal.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), July 10, 2008. Proposal No. P1133. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Pre -proposal conference will be held June 26, 2008, 10:00 a.m. in the Municipal Building
Training Room, (conference room 2E) 215 N. Mason, Fort Collins, CO 80524. This pre -
proposal meeting is not mandatory; however, all interested contractors are encouraged to
attend the conference and ask any questions they may have concerning this RFP. An
explanation of the Request for Proposal, rating criteria and scope of work will be provided.
Questions concerning the scope of the project should be directed to Project Manager Lou
Cordova (970 420-9998 or Scott Dahlgren (970 222-3582.
Questions regarding proposals submittal or process should be directed to
John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fc.qov.com/_eprocu_.rement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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
rev 01/08
Unit Price Sheet
Staging Cost (one time cost for each work order) _
$
Trenching (trenching consists of trenching in bare ground, placement of 3
cables or 3 conduits or any combination of 3, backfill and compaction, all
associated site cleanup, and preparation for surface restoration. Typical
installation is one 2" continuous conduit or 4/0 triplex for electric.
trenching (cost/foot). _
$
Directional Boring (boring consists of boring in average soil, back -reaming,
pulling direct buried cables or conduits, all associated site cleanup, and
preparation for surface restoration.):
1 cable of 1/0 triplex, 4/0 triplex, or 350 mcm triplex
1-2" (cost/foot)$
2-2" (cost/foot)$
3-2" cost/foot
1-4" cost/foot
1-4"&1-2" cost/foot
$
1-4"&2-2" cost/foot
1-4"&3-2" cost/foot
$
1-5" (cost/foot)$
2-5" (cost/foot)$
3-5" (cost/foot)$
1-6" (cost/foot)$
2-6" cost/foot
3-6" (cost/foot)$
-
H-- — — -
ole-hog Tunneling - up to 4"diameter (cost/foot) _
$
Potholing (manual excavation as needed to locate existing utilities and
prevent damage from construction activities. Surface restoration in any
public street would have to be determined for each specific location based on
City Street Department requirements.
_
Pothole in paved surface (cost/each):
$
Pothole in unpaved surface (cost/each):
$
Surface Restoration (restoring surface to original condition with original
surface):
$
Replacing sod surface (cost/square foot =
$
Re lacin aved as halt surface cost/cubic foot =
$
__._,,,, ,_ Replacing paved concrete surface (cost/cubic f009 -
$
Sawcutting Surface
$
Asphalt surface less than 4" thick - single cut cost/foot =
Concrete surface less than 4" thick - single cut cost/foot =
$
Utility SA WO rev06/07 10
Core Drilling t ic Ily patio):
$
Asphalt surface less than 4" thick - up to 6" diameter cost/hole =
$
Concrete surface less than 4" thick - up to 6" diameter cost/hole =
$
Installing subsurface vaults (excavate hole, place vault, route conduits and/or
cable into vault, backfill around vault, restore surrounding surface):
$
Size "A" - Install vault with dimensions of 12" wide by 18" long by 18" deep or less
cost/vault =
$
Size "B" - Install vault with dimensions greater than 12" wide by 18" long by 18"
deep but less than 15" wide by 25" long by 18"deep (cost/vault =
$
Size "C" - Install vault with dimensions greater than 15" wide by 25" long by 18"
deep but less than 25" wide by 37 long by 18" deep (cost/vault) _
$
Size "D" - Install vault with dimensions greater than 25" wide by 37" long by 18"
deep but less than 37" wide by 49" long by 30" deep (cost/vault) _
$
Size "E" - Install vault with dimensions greater than 37" wide by 49" long by 30"
deep but less than 49" wide by 97" long by 49" deep (cost/vault) _
$
Miscellaneous Services:
Unit
Cost per Unit
Locate Private Sewer Line (per locate):
$
Utility SA WO rev06/07 I I
SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services for
The conditions set forth herein shall apply to all services performed by the Service
Provider on behalf of the City and particularly described in Work Orders agreed upon in
writing by the parties from time to time. Such Work Orders, a sample of which is attached
hereto as Exhibit "A", consisting of ( )page(s) and incorporated herein by this
reference, shall include a description of the services to be performed, the location and time
for performance, the amount of payment, any materials to be supplied by the City and any
other special circumstances relating to the performance of services. No work order shall
exceed $ . The only services authorized under this agreement are those which are
performed after receipt of such Work Order, except in emergency circumstances where oral
work requests may be issued. Oral requests for emergency actions will be confirmed by
issuance of a written Work Order within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
Utility SA WO rev06/07 12
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period {Option 11 This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the city, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the professional mailed no later than 90 days prior to contract
end.
4. Contract Period. (Option 2] This Agreement shall commence 200
and shall continue in full force and effect until , 200 , unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods. Renewals
and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder
Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a
guide. Written notice of renewal shall be provided to the Service Provider and mailed no later
than 90 days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
Utility SA WO rev06/07 13
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City Service Provider
- ... --
City of Fort Collin-—
s
Attn:
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's
sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
Utility SA WO rev06/07 14
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of two (2) page[s], and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR 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 the work order, 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 amount set forth in each Work Order.
10. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
Utility SA WO rev06/07 15
12. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
this Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a
time acceptable to City.
Utility SA WO rev06/07 16
15. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
Utility SA WO rev06/07 17
under this Agreement of the type and with the limits specified within Exhibit "D", consisting of
) page[s], attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
21. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the "Basic
Utility SA WO rev06/07 2
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien t0 perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractor shall
not terminate the contract with the subcontractor if during such three days the
Utility SA WO rev06/07
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.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit consisting of
( ) page[s], attached hereto and incorporated herein by this reference.
Utility SA WO rev06/07 4
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[INSERT CORPORATIONS NAME] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [Insert name of business]
By:
Print Name
Title
Corporate President or Vice President
Date:
ATTEST
(Corporate Seal)
Corporate Secretary
Utility SA WO rev06/07
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee:
Project Description:
Scope of Services:
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions contained
herein and in the Services Agreement between the
parties. In the event of a conflict between or
ambiguity in the terms of the Services Agreement
and this work order (including the attached forms)
the Services Agreement shall control.
The attached forms consisting of (_) pages
are hereby accepted and incorporated herein by this
reference, and Notice to Proceed is hereby give.
CC: Purchasing
Utility SA WO rev06/07
Service Provider:
By::
Date:
City of Fort Collins:
Submitted by:
Project Manager
Date:
Reviewed By:
Senior Utility Engineer
Date:
Approved by:
Utilities General Manager
Date:
Approved by:
Director of Purchasing and Risk Management
(if over $60,000,00)
Date:
EXHIBIT
Work Order Specification Sheet Page of
Work Order No.:
Date:
(See attached map for details.)
Service No.:
Service Address:
Number of Units
Staging Cost (one time cost for each work order)
Trenching (trenching consists of trenching in bare ground, placement of
3 cables or 3 conduits or any combination of 3, backf ill and compaction,
all associated site cleanup, and preparation for surface restoration.
Typical installation is one 2" continuous conduit or 4/0 triplex for
electric.
Trenching (in feet)
Directional Boring (boring consists of boring in average soil, back.
reaming, pulling direct buried cables or conduits, all associated site
cleanup, and preparation for surface restoration):
1 cable of 1/0 triplex, 4/0 triplex, or 350 mcm triplex
1-2" in feet
2-2" in feet
3-2" in feet
1-4" in feet
1-4"&1-2" in feet
1-4"&2-2" in feet
1-4"&3-2" in feet
1-5" in feet)-
___
2-5" in feet
3-5" in feet
—__ 1-6" (in feet)
2-6" in feet
_._. 3-6" (in feetL__
Use of Hole -Hog - linear feet =
Potholing - number of holes =
Surface Restoration:
Replacing paved asphalt - cu. ft. _
Replacing paved concrete - cu. ft. _
Sawcutting Surface:
------ Asphalt surface - linear feet =
Concrete surface - linear feet =
Core Drilling:
Asphalt surface - number of holes =
Concrete surface - number of holes =
Vault Installations:
Size "A" vault -number of vaults =
Size "B" vault - number of vaults =
Size T'vault - number of vaults =
Utility SA WO rev06/07
- - -
Size "D" vault - number of vaults =
Size "E" vault -number of vaults =
Locate Private Sewer Line (# of locates)=
Miscellaneous Items (describe below):
Miscellaneous Comments - Notes:
Utility SA WO rev06/07
Summary Sheet
Work Order No.:
I Date:
(See attached map(s) and work order specification sheet(s)
for details.)
Total
Total Number of
Cost/Unit
Cost
Units
Initial staging cost =
1
$
$
Trenching:
Setup @ first 65' =
$
$
Additional trenching in ft. _
$
$
Initial staging cost =
$
$
Setup each bore/service - 2"
$
$
Bore/service — 2" in feet
$
$
Directional
Setup each bore/service - 4"
$
$
Boring:
Bore/service — 4" in feet
$
$
Setup each bore/service - 5"
$
$
Bore/service —5" (in feet) __
$
$
Setup,, -,each bore/service -6"
$
$
Bore/service — 6" in feet
$
$
1-2" in feet
$
$
— 2-2" (in feet)--
$
$
3-2" in feet
--
$
$
Directional
___ 1-4" (in feet
1
$
$
boring for 1-
._ _ _ 1-4"&1-2" in feet
cable (1 cable of
— _____ 1-4"&2.2" in feet
$
$
1/0 triplex, 4/0
---..-- — 1-4"43-2"(in feet)
$
$
triplex, or 350
1-5" in feet
$
$
mcm triplex):
--- 2-5" (in feet)
$
3-5" (,in feet)$
$
1-6" in feet
$
$
2-6" (in feet)$
$
Hole -Hog Tunneling - linear feet =
$
$
Potholing - number of holes =
$
$
Surface
Replacing paved asphalt - cu. ft. =
$
$
Restoration:
Replacing paved concrete - cu. ft. _
$
$
Sawcutting
Asphalt surface -linear feet =
$
$
Surface:
- -
__ Concrete surface - linear feet =
$
Core Drilling:-
--
Asphalt surface - number of hales =
$
$
Concrete surface - number of holes =
$
$
Utility SA WO rev06/07
Size "A" vault - number of vaults =
$
$
Vault
Size Er vault - number of vaults =
- - -- -- - -
--- ----
Installations:
__—Size "C" vault - number of vaults =
$
$
Size "D" vault - number of vaults =
Size "E" vault - number of vaults =
Miscellaneous Items (describe below):
Locate Private Sewer Lines
Total Cost for Work Order Area:
Work to commence no later
Work to be completed no later
Work Order Total Cost and Commencement and Completion Dates Accepted by:
Contractors Representative: Date:
Utilities - L&P Representative: Date:
Work Completed and Satisfactory:
Contractors Representative:
Utilities - L&P Representative:
Contractor Requests Payment in the amount of $ Date:
Contractors Representative:
Utilities Representative Concurs with Payment Request in the amount of $ Date:
Utility SA WO rev06/07
EXHIBIT
CITY OF FORT COLLINS
CHANGE ORDER
WORKORDER NO.
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
PURCHASE ORDER NO.:
DESCRIPTION:
t. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL WORKORDERCOST
$
TOTAL APPROVED CHANGE ORDERS
$
TOTAL PENDING CHANGE ORDERS
$
TOTAL THIS CHANGE ORDER
$
TOTAL % OF ORIGINAL WORKORDER, THIS C.O.:
$
_%
TOTAL % OF ORIGINAL WORKORDER, ALL C.O.'S:
$
_%
ADJUSTED WORKORDER COST
$
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
SUBMITTED BY: DAT
City Representative
REVIEWED BY: DAT
Title:
APPROVED BY: DA
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
DIRECTOR OF PURCHASING (IF OVER $30,000)
cc: Purchasing
Contractor
Utility SA WO rev06/07
City Representative
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider
shall maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required
by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each
employee.
B. Commercial General & Vehicle Liability. The Service Provider shall
maintain during the life of this Agreement such commercial general liability and
automobile liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form"
basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
Utility SA WO rev06/07
SECTION 00700
GENERAL CONDITIONS
P1133 LP Electric Services Underground Program
PROJECT SCOPE OF WORK
Throughout the city of Fort Collins there are areas of underground electric lines that are nearing
the end of their life -cycle. Many of these are over 30 years old and have been marked for
"reconstruction". This typically will involve installing new electric lines in the front of lots and will
require directional boring and/or trenching. Electric mains as well as services will be installed
throughout the process. Along with type of work there are areas which have been recently
annexed to the city. Some of these areas also will have some construction to underground
existing overhead and/or "rebuild" existing underground. This area of work will include
residential as well as business customers. Light & Power's Project Managers will draw up Work
Orders with mapping for all of the work to be done.
Conduits, cables, flush -mounted vaults, transformers and switch cabinets will be installed in all
of this work. The main area of assistance from a contractor will be in the installing of the
conduits as well as at times non -energized cables for services to customers. This likely will
include directional boring as well as trenching. The contractor is expected to possess the
experienced personnel, the proper equipment, and the necessary tools to trench and/or
directional bore in a wide variety of differing physical locations and conditions (including shale),
to backfill, compact, remove spoils from trenching/directional boring, compact and re -landscape
with various materials, to install L&P's equipment.
The representatives of the contractor will work closely with L&P's Project Representative to plan
work activities for each work order and decide on a schedule for completion. The contractor will
be expected to submit a weekly log of services completed. The Contractor will submit a Quote
Sheet with charges estimated for the work order and may submit an invoice for each work order
upon completion and acceptance by the L&P Representative.
Typical construction activities include:
1. Perform Directional boring and installation of conduit and/or inner duct to a depth
of 30-48 inches. Other depths are possible due to circumstances but must be
approved in advance by the L&P Representative.
2. Remove "mud" from bore areas as needed.
3. Open trench in dirt.
4. Open trench in landscaped area.
5. Open trench in street, parking lot, or other areas paved with concrete, asphalt,
roadbase, or other materials.
6. Backfill and compact using spoils from the trench.
7. Backfill and compact using non -shrink material.
8. Backfill and compact using slurry.
9. Install conduit and/or inner duct in trenches, raceways, vaults, and building
entrances.
10. Install handholes, vaults, splice boxes, building risers, and associated equipment.
11, Install electrical cables in trenches, vaults, raceways, and other areas.
12. Core drill concrete slab (typical patio thickness) next to house meter locations.
Utility SA WO rev06/07
GENERAL CONDITIONS
OF TH E
CONSTRUCTION CONTRACT
'I'how (3ENlqRAl, ha" [veil developed by using the.
STANDARD CENTRAL CONINTIONS OF THE CONSTRUCHON
CONI'RACT prepared by the Enginocis Joint Contract Dwiments
Committee, HICIVNIo 1910-s (1990 Edition), fm A lmqa Changes to
that (I'mullelit Ate shown by underlining text that has lxn:11 Added And
striking through text that has lven delcied.
P'JCDC GE,NERAL CONDITIONS 1910-9 (1990 IDITION)
MTH CITY OFPORT' COLLINS MODIFICATIONS (Id,"V 9/99)
Article or Paragraph
Nmnlwr r'I'itle
TABLE 01; CONTENTS OF GEN1iRAT, CONDITIONS
Page Arucla or Paragraph
Number Numler Sl'itle
LI
Addenda_ ... _.... ... .... ............ ._...
....
1.2
i\greemenl ....... .................... ..
..............
I
I .3
Application for Pnyment.._...................I
1:1
Asbestos
1
15
Bid ........... ... ..._.. _._....I
16
Bidding Documents
1.7
Bidding Requirements „,,,,,,,,,,_,,,,,,_,.,.I
LS
BonJs..................................................
19
Chin Gc Or der _..... ...._...
I
I to
Contract Documents ..........................
I
1.11
Contract Price
1
1,12
(. ontrict II1tle:; ....................................
1
113
CON tRACTOR
1
114
dolective.............. I..............................
I
Drawings __... ..........J
1.16
htlecn ve Date, oft he Anreem ent
I
_.._.I
1.17
ENGINEER
I.IS
HIsIGN13EICs C'onsultanl,,,,,,
1 19
Pidd Order
I
120
G3 neoil Requirements ........................'_
1 21
Hn'rardous Waste
122.a
Laos and Regulations; Lmvs or
Regulations.. ... _......... .... ...............
2
-2
132b
L.gal I holidays„
1.23
Liens .__...._ .............._. _....__..'-
134
N4ilestonC...____...__.__._.
1:3.5
Notice of Award .................... .........
2
L 1_6
Notice to Proceed
3
Lit
oWN1aR.. ....... ..............2
128
Partial UtillZ80611
129
IrDs __...__.. ., _....... _.. .....
.....?
13q
Pelfol0Uli1
2
1 _31
Project
_
1.31a
Radioactive Material........_.._
1. 311)
...............;
Regular Working hours.........
1 33
_.......
Resident Project Reprew.wittivq.,.
.... .?
1.34
Samples._ .. ..... ..... .... ,... ,..... ._.......
.......2
13i
Shop Drawings... .... .___..
.... 2
136
Spwifica(iom
1.37
Sulwntractor...............__..........._.....=
1 .33
Sulxtantial Completion
1.39
Supplementary Conditions.........,
2
1,41t
_..._
Supplier.._ _........ ................ _..._,
...._
1.41
Underground Facilities.. _.. _.
2-3
1.4_
Unit Price, Work ...................................
3
1 43
Woak......._............. ............. .._._..........
1 44
Work Change Directive
3
1,43
Written Amendment
Page.
Numtw
PRELIMINARY MA ITPRS _
3
11
Delivery of Hands,,,,,,
3
22
Copies of Documental. _..................
_.:3
2.3
Commencement of Contract
Tinos; Notice to Proceed
3
2.4
Starting the Work.__- ..__3
25 2.7
Before Starting Construction;
CON'fRACfOR's Responsibility
to Repoli, PI•oliminary Sclteddes;
I)eli very of Certificates of
Insulance ...................................
3-4
2.5
Preconstruction CollterGWC ...............
4
19
Initially Acceptoblc Schcdules_A
CON'fRAC'L' DOCUM1iNt'CS: IN'1'EN'f,
AMIINDINII• PHI SE., .......__._.. ...........__.4
3.1-3.1
Intent
4
3.3
Re Cc ence to Standards and 5peci-
Iications of'fechnical Societies;
Reporting and Resolving Dis-
c epa n eios................................
4-j
.3 4
Intent of Curtain 'I'crnis or
Adjectives ....................._.. _..........
3.5
Amending Contract DOcuilenN,,,__...�
3.6
&Ippltnietiiilg, Contract
Documents _.. ...... _......
_..
3.7
R<asc of Docum ents..__........._.,.__S
AVAILARIIJ
I Or LANDS;
SUBWRPACH
AND PHYSICAL 1 SICAL CONDI f IONS.
4.1
Availability of Lands__. ._.......
5.6
.12
Subsurface and Physical
Conditions _.
6
41 1
Reports and Donvings.,
+1.2.2
LimitedReliineehyCON 'MAC -
TOR Authorized', 'fachnical
Data .. .., . .
a 23
Notice of Di1lel-ing Subsurface
or Pioslcll Condl(Ion1 .-„_,,..........
(1
-4,2.4
HNGINHR12•s Review
C>
435
Possible Contract Documlmlix
ChangS._..__..........._ _... _..._.
_..6
4.2.6
Possible Price and Times
Adjustments. _.
6-7
4.3
Physical Con<�tions--t )ndcrGraund
racili tics ........................... _..........
7
43.1
Shown of Indicnted, _.
7
43.2
Not Shown or Indicated
7
4.4
Reference Points
7
G1gLA' 0ENER:1L COMA JQN3191V a (19901U1110NI
tc/CITY OP PORTC'01.1.1 NS MODI ricA I (ONS WEV 9i99)
Article. or Paragraph Page Arliclo or Paragraph Page
N'umlxr&: Title Nundur Numbcr&s'I'itle Nuniller
4,5 ;\sbeslos, RC13s, Petroleum,
I hazardous Waste or
Radionme \Material...„ ............... 7-8
BONDS ANI) INSIJRAN'CF, .................................
8
Pel't01'lI1:Ii20. I§I)'Ili Bill 81111 Ufhel'
Bonds8............................................
53
Licensed Sureties and Insurers;
Coniticates of lnnrzancc ..........._._...
h
SA
CON I'RAC 'I OR's Liability.
Insurance
+)
5.5
OWINER's Liability Insurallco...._
9
5.6
Property Insurance._
).7
Boller and Maehlllery or Addi-
tional Property Insnrance
I9
5.3
Notice of Cancellation Protision
_. 11)
5o
CONTRACTOR's Respnnsibilay
for Deductible Amounts ....................
10
S.In
Other Special lnsurlume...._.__.._.......Ill
5.11
\Vaiver of Rights_,.__......................_II
5,1 "_' 5.13
Receipt and Application of
Inwrance Pnvxods ......................
Ip-I
5.1.1
Acceptance of Ronda and Olsu-
aI1ce� Option to Replactl_._..............1
1
5AS
Partial Utilization --Property
Insurance ....................................
.I 1
CON'I'RA7rORS 126SIti)NSIRILrIIFS
6,I-6.2 Supervision and Superinlendanec
63-6.5
Labor, Nlatot als 111(1 Kquipmont
11-12
6.6
Progress Schedule
12
6.7
9ubstitul s and "Or-6quar' Item:;:
_
CONTRACTOR's IispunsC,
tiuhstitutc Construction
Mothals of Prccedlue, ,
H NIMNEHRs I(valuatlon
1?-13
6,11-6. 11
Concerning SubWlltrnclors.
Slipp11els and Othem
Waiver of Rights
13-1 1
6.12
Patent Feca mld Roynitlua...................
14
6.13
Permits .............................................
II
o.14
Laws alld Kcsulatloll.5. ....._
14
6. L5
I'aces I'll_14-15
6.16
Use of Promises_„_.__....._..__.........
IS
6.17
Site Cloanliness ................................
15
6.is
Site Structural Leading ...............
_.... 15
6.19
Record Documents.
6.21)
Safety and Protection.
6.21
Safety Representative...._.........._..._..Ili
611
1'Inrard Communication Prourama
16
6.23
Gmergenei......... ..... __.....J.......
_.... 16
624
Shop Drawings and Samplc.5..............
16
6.25
Submittal Prcweedurm CON-
TRACTOR's Review Prior
to Shop Drawing or .Sample
.1 ival ......................... ........
16
6.26
Shop Drawing X, Sample Suhlnil-
uds Roviaw by GNCiI, HFR......
I6-17
627
Responsibility for Variations
From Contract Documents ............
17
6.28
Related Wolf: [lei tonned Prior
to HNiIN HF'R's Review and
Approval of Requited
$nbm lllYlS17
6,29
Continuing the Work ........ _.......,_17
6.30
CONTRACTOR's ccneral
Wtvranly and Gmaranlee.
631-6,33
Indent it i fication
17-18
6.34
Survival of,Obligritons
Is
OTI fFR WOI:R.....-...., _..,........ ...._.
-
_.... Is
7.1-7.3
Related Work al Site
Is
Id
Cooldinrdion __. _. __._..IR
OtVNP.12's
12f?SPONSBILI'rim
J s
R 1
(A1I11111 micatlons to CON-
'I'RACI'OR .............................__
IS
S.2
Replacement ofENGINEER ...
_..,.IS
8.3
Runtish Dili andPay Promptly
When Due
S
SA
Lands and Eosemants, Reports
and ests .. „ _....
. IS-19
S.5
insurance ____....__..
. 19
S.6
Change(Adn ........11`)
S.7
111Spect let is, fest.5 and
Approvals ...................................
19
$.Is
Stoll Or suspemll Work,
'I'ornl in to CON'I'RAC I OB's
Services _. ......... _....._....
19
R o
f.11111mtiolls oil OAVNI:R'3
Re.spoil sib11 ihes ...... _.... .. .......
19
8.I1)
ASIvstm, PCBS, fletlocc lull,
Ilazardous lVasW or
Radioactive malel'la _. ._.___.
_.-11)
S.I I
Fvidence of Finmlcid
ArrallgemetilS._....... ................
..19
FNGINFER'S .S"fATUS DURING
CONSTRUCTION
19
9.1
O1NNIR's Reprccantltive.._.._
19
9.2
Visits toSite _._.__..__..........___..
19
93
Protect Representative__. ._._....
19-21
9.4
Clarifications and lnterpre-
Ifl[I11115........................................
95
Amhoiized Vatiadons in \16rk
-1
b:JCW GGMAM, CONDI IIONS 1910.8 11990 1:01110h'1
lc/ C11'1' i�l FORa'COLLINF MODIPIC,\'rIONS IBISV h:99)
Article. or Paragraph Pqgc Artiv.1c or Parm,raph Pane
Nunflxj t I itle Nuinlw NUIIIIVr & fItIC Numlvr
96
Reycong'Defective Work, _._ .......
... 21
13,8-13 9
Uncovering Work at HNGI-
o 7.9 0
Shop Drawings. C.hartic, orders
NEER's Request
and Plyincrits .................. 111,11.11.1
... "..'1
13,10
OWNER -May Stop the Work ..........
I
Oeterminawns for Unit Prices
'1,2'
13,11
Correction or Removal of
9 11-9,12
UccisiOns on Disputes; i;NI;1-
0eftetwo %Voik . ........... ...............
21S
Nlqk as Initial Interpreter-,__....
22
13.12
Coif ection Period .... . ..... ......
... 28
213
f.nlli(ationson ENGINEER, s
13,13
Acceptance o(Defuclive Work
2tt
Authority and Responsibilities
22-23
1.3.14
OWNER May Corral Oel�wlwe
Work
M-29
0 ANG :S IN
I I W WON K
23
10,1
OWNFIR's Ordered Cbangc
n3
1.4
PAYMM I
S 10 CON "I RAC I OR AND
10.2
CIIIHII lot AdjUSIBIerit _ . , ,
1 23
COMPLEHON,
29
WO
Work Not Requited by Contract
14.1
SOledu lo of Va [ties
DMLIrMI[S_,_ , , , .1
.. 23
14.
Application for Prpt,,ress
IOA
nitinge 01,10IS
23
Payment
29
1 Ili
Not I fici bell of ' SUI et y ...
23
14,3
CON I RAC, I OR's Warranty (It'
,fide .1i:
CIM;MOF CON I PAM PRICk.
I
1 1 -1-14,7
Review o fc j)l I I c q it(". s
o r
11 MI I
Contract Price', Claim for
Progress Paymeots,_ , .....
... 29-30
Adjustment; Value of
148- 14.9
Substantial Completion ..........
...... W
theWork
23-24
111.10
Partial Utilization
10-31
11.4
Cost ofthe \Viik
1.4-2i
14 11
ri"'Il [IISP0`io)?I1-
31
113
ExclirsionstoCost ofthe Wort. .......
2
14, 1 2
Firill Application lor Piymcn .........
31
11 (1
(' ON I RAC I OR's Fec
25
1.1 13-14 1.1
]:1 rial Ptivin ent and Acceptance.
.. 31
11.7
Cost Record , ,
2�-16
14.1
Waiver of
31-32
1 L's
Cash Allowances..__.
26
119
Unit Price Work
15,
SUSPENSION
OF NVORK AND
I 1;RNI1NAl
ION
37
CHAINCE 01; CON,rRA(- r I llvflzS
I5A
()%VNFR Mav Suspend Woj L
31
13.1
Claim for Adjustment
26
152- 15 .1
OkVN1dR klay Terminate
32
1
1 inic of the Essence
26
I.S.5
CON fRACI OR May Stop
12.3
Delays Beyond CON fRAC I'OR's
Wwk of I'milinate
Contiol
.26-27
12A
Dclqvs Reyond OWNFR's tind
16.
DISPUI 1; RESOM11
ION._.....................
CONTRACIOR's Control .................
7
17
NII$CEIAANW)US
33
fl:SIS AND
w.,spBcrioNls: CORRECTION,
17.1
Giving Notice
33
I ;1MOVAL
�l I
I OF
OR ACCIT I ANCF
17.2
� q
Computatme) of I Imes
3.3
00,7C771 E,
WORK
7
17.3
Notice of ChIni ..
. ........�1
11
1
111
Notice of Detects............................... ..................27
17A
Cumulative Remedies.....................
33
111 2
Access to the Work
27
IT5
Professional Fees and 11111 1
1.113
.1, ests and lnspectmns�
Costs Included
33
CONTRA( FOR!s Cooperation-
.. ... 27
17.6
Applicable State Laws -
,33-34
13.4
OWNEWs Responsibilitics;
Intentionally
lent blank
35
Independent Testing l,ntx)rIuorY_
27
13.5
CONfRACTOW.s
FNIERIT
GC -A,
(Optional)
Rtspomibilmes
27
Dispute Resolution
Agreement
GC -AI
13,6-13,7
Covering Work Prior to Inspec-
16.1-166
Arbitration____
Lion. resting or Approval .., -.1
... 27
16.7
Mediation,
IND1;X TO GENERAL CONDITIONS
City of Port Collins modi hCntions to the General Conditions of the Construction Contract m'c not shown in this index
Article or Paragraph
NurrM
\cceptance of_
Bonds and insurance ..........................................
3.14
de/eclive\York10. F I,
13.5.13,13
Final payntcnt___. _._. _. __.9.
12, 1415
insurroe......_..... .................. .......... .....
.. 5.14
other Work, by CON rR \C'FOR. ._
. _.7.3
Substi(ulcs and "Or41qu:d" flemS .....
..... ...-.0 7.1
Work by OWNft(22-5,
630, 6.34
Access to the -
Lands, OWNFR and CON'IRAC'I'OR
responsibili ties.._........._ ......................_......
a.l
site, related Work . ............ .....__.
._.7.2
Work. ...._ ............._....._._........... 13. 2,
I3. 14, 149
Acts )I nI1115SIons , Acts and OmISSIons--
CON'IRA('rlY)R .--- ... ..69.1,
9.13.3
EN61NNN _.. ....
620, 9.1.3.3
OW\liR _..
_. 6.20, 89
Addenda--defunition of (also sue
definition of Specifications) ,... ,...0,6, 1,10.6.19).
Ll
Additional property Insurance.q.._._..................._.....
5.7
Adjustments
Contract Rica or Contract
'tunes .___._. _.... A 3 5. 4 1,
4.3.2, 4.52.
953-9.4,9A I0.2-104,
IF 12 14& Gil
progress schedule. ___
._....
Agrcen cn4_
definition of .......................................................
L2
"All -Risk" lasur-.unce. policy form.-...._._...._._........`'.6.2
Allowances Cash ..... .... ......_._...
.. ........IS
Amending Contract Documents.....,..
.,. ...... .. .3, 5
Amcndrnent. \4Yiltell--
in general _.. ._.._, 1,10, 1.4,3.5,
5.10, 5. 12, 6(>2
..........................(;. 82, 6.19,
10, 1, 1114, 11.2
____...... ........... 111,
13. 12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to_ ,, ........ .... .. 9. 10, 9. 11,
10.4, 162, 165
Application for Psylaenl_
definition of ..................................................._..
I.'3
l--N(*lNFFilile Responsibilit}•.. _.. _.....
_-_._....._...99
final payment. .__.. _ 9. 13A, 9. 135,
14. 12-1 .1. 15
Ili general .... _.__.?.5,29,564,
9. 10, 1 S.5
progress payment. ....__.
.._.... 14.1-14.7
I eview of _...
.14.4-14.7
_.I6.1-16.6
Asbamnon ......................................................
Asbestos -
claims pursuant thereto_........._.
......4 5 2, 4.5.3
CON IRACFOR authorized to stop Work ...._.. 4.5,2=
definition of... ....... .... .... . .... ..... .. ................
...1.4
Article or paragraph
Nulnlxr
OWNhR responsibility tor,
.__I5_1, S.10
possible price and times chang._
....... _.
Authorized Variations in Work _
3,6. 6 2S, U 27, 9.5
Aenilabihly of Lands _._
__....__.1.1. 5.1
Award, Notice oC (efined...._..
............ _.. 1.25
Before S41till ('onsl nrclion
.S
..............................._5-2
Rid--dellnition of_. ...... .. 15
(1, 1, 1.10, 23.33,
._1._.1 __.4.2.6A, 6.13,
H.-F3. 11.9.1)
Bidding Documents --definition
of ._. _.
LCf (6.52)
Ridding 12cquir.:mums--(Iclunilion
of ..........................................L7
(1.1, 442.6.2)
ROI1(l}
acceptance of ._.._
..._ _... 5.14
additional lxmds _..
io.>. 11.4.59
Cosl of the Work
.........1 LSA
definition of
1.8
delivery oC.....................................__......_...'-.I.
5.1
final Application for Payment._
14,12-14. 14
rigencral..................... ...... ...... .....
1.10, .5.1-5..3, 5. 1.3,
., _.._ .... _. .. _.._.
9.13, 10.5. 14.7,6
Pcrlonnunce, P:pmlent and Other
....... _.... . .
Bonds and Insurance -in general
._..__....... ___....?
Ruilkids risk "ill -risk" policy form
__._.... ,
(kneel nation Provisions. Insur:nmc,
.1,1I, S.S, 5.15
(lash Allolvancc31.................._...............................I
LA
Certificate of Subsuuriial Completion_.,
_ 1,35. 6.30.2.3,
.._.... __._ ...
__..._I4.8, 1410
Certificates 0fInspection......__.__....9.1.3.4,
13.5, 14.12
Certificates of Insurance_. __... 2.7,
?3, 5.4.I L 5.4.13,
Change Ill onil'a(9 pr'ICC--
(.'ash Allowao s ........
............... .
_..._........... I LS
claim for price
adjustment4.1, 3.2.6, 4.5, 5.15, G.S.^_, 9.4
9,5, 9.11. 10.2,
10.S, 11,2, 13.9,
........... 1.1......."13,13, 13.
14, 14.7, l i.I, Ii.5
CON I RAC rows lee
1 t.b
Coat of the Work
general...
_11.4-11.7
fixulusions to
It. '
Corti Records
11.7
in gencral........... , 119, 1.44, 9 1 I,
10.42, 10.43, 11
Lump Sual Pricing ...........
... 11.12
Notification of Surety
In.i
Scope of .....
_. _... 103-11).4
'fcsling and inspection.
Uncovering the Work...._._.._.__._...__..._.
139
H(AXJ OF.NERAl-COMA XINS 1910.8 (1990 IMMON)
WO I YOF RORa' COLLINa AfOla1FlC:\ (IONS IIUSV 9+99)
Unit Price Work 11.9
Article or Par a;,rq)h
millivr
Value ofWork................._.._..................._...._
11.3
Ching in Contract Tinlns--
(1Ia1In for tIIII es ad I east In ent........ 4,1,
-12.0, 4.5, 5. 15,
_......... 6,S3, 9.A 9.5, 9. 11,
IU 2. 10.5. 111.
13.9, 1.3.13, 13.14,
14, 7, 15.1, 15 5
Coll ro-lclual Bare llnlils
132
Delays beyond CONrRAC'rOR'a
control. _.
_.... ._.__.133
Delays beyond OWNER's and
CON'I RAC IOR's control
Notification of surety
Ko
Scopc of change ......_..,. ..__.._._,
Q3-111A
Change Orders --
Acceptance at Defeclive helot{.
......_ _.....1.3. 1.3
Amending Conuact Documentl ..........................
3.5
Cash Allmrances ...............................................
11
Change of Contract Price ... .
......... I
Change. of Contract fume;,
Changes in the Work_... _.
_._ _ 10
CON'I RAC'I OR's fee ........................................
11.6
Cost of the Work
Cost Records .__........ ..................
..... 11.7
definition
_19 ............... .
cawrgemies .... ....
_... .._6.2.3
I NG1DIiL'Ias lesponshilily 9.5,
10A, 11.2, 12.1
execution of .....................................................
10A
Indcnlniflctioq6,12,
6.16, 6.31-633
I nsuraacc, Hands and _._
5.10, 5, 13, 10.5
OWNER play terminate ._....... _....
_ _. _.. 15.2-15,4
OWNERs Rc.`plaislbillty, _.
_. 8.6, IWA
Physical Conditions--
Subsurfaceand ..............................................4
2
UildlNground Facilities-:..........._._..._.......
4.3.2
Record I Xlcum CI1IS,
6,19
Scope of Change .__._ .._..........,10..3-I0.4
SU(xUIutos._..._ _.._. _.... _.__ _...._......_.
6.7.3. 6. S.
Unit Price Wurk
11.9
value of Work, covered by ...............................
113
C1lallgc9111 the WUlk _.._ __..__.
.. 10
Noddication olsurety...._. __
10.5
OWNER, and CON 'MAC'I'OR's
Right it, an adjustment,,,,
hr2
Scopc of chanlol........................................
lit 3-10A
Claims -
against
616
against ENGINEER ........ ...._...,.....
__._.,.,.._. 632
against OWNER .. _.....
_. ._.6_31
Change of Contract Prim..._ .......__..
..9.4, 112
Chmlgc. of Cnitiact'I'imcs
9.4, 12.1
CON 'I'RAC MR's 4. 7.I- 9A.
9.5, 9.11- 14.2,
................ ....... ....I L2, 11.9,
111, 1.3.9, 14.8,
......... ....... _.__.,.
15. 1. 15.5. 17.3
CON 'fPAC'I'ORN Fec J1 A
Article or Paragraph
Nuni lx r
CONRACCOW2 liability ........... SA 6.12, 6, 16, 6,31
Cost ofthe Work.___._...._. _.._..
11.4, 11.5
)CCIslons onDispute............ ....................
9. 11, 9.I2
Dispurc Resolution. ...._..._...__........................16.1
Dispute Resolution Agreement„_...._
,.. 16 1L 16.6
]'NG NFPRas Initial inleq)retor_,,,,
Lump Snnl Pricing... _... _... _......... _.
_..... _... 11.3.2
Notice of
_I T3
OWNFR'S „__„ 94 95, 9.11,
102 II?, 11.9
_._..__ .12.1. 1.39. 1.3,13.
13,14. 17.3
OWNLR's habl btv
i 5
OWNI-aR may rdow to make payment
_.... __.14.7
Professional FwS and Com t Costs
Included
request for t"a null decision on,,,,,,,,,,,,,,,,,,,,,,,,,,,
Substitute Items ..............................................
6..
212
Time Extension
12 1
'Cimeregwr meals...,. .._.....
_9.11, 12.1
( init Pricc Work_.. _.. ..
_. 11.9.3
Value of ............................................................
1.13
Waivcr of --on Final Payment_ ....
14.14, 14.1;
Work Change Directive ..__.
...........10.1
Written notice raplircd ...... ....
9.11, 11,2, 12.1
C iar IticationS and Interpr Ctalicam
3.6.3, 9.4, 9,11
Clean Site
„ 6.t7
Corlesor Technical Swicty,Organization
or Association .................................................3.,33
Carl mcnccment of Collar act 'fares _...
2.3
C.OIII III Unications--
general ...... _...__._.62
6.9.2, 5.1
❑aznrd Communication Program;_.__.__..___.
SS.?'
Completion --
Final Application for Payment._....._ ...............
14.12
Papal lnl pcclioll
14AI
Final Payncm and AccgHmlcc.14.1.3-14.14
Partial Utilization .............................................
1-1.10
Substantial Completion .._.__..
LA I4.S-119
Waim ofClaims ............................................14,
15
Computation of'Fime.., _... ......
17.2.1-17.2.2
Concerning Suhcontractors, Suppliers
and Olhcr::............................_...........
Confelencus-
inainllyaccepldbleschediles _........
._.... _...=.9
precoristruct on ...................................................
2
Conflict. Error, Ambiguity, Discrepancy.-
CON'1'RACI OR to 12eport _..._....
.:3.5, 3.3 2
Construction, before slanting by
CON 'I'RACI'OIt
23-2.7
Consruction Nfachinery, liguipment, etc .......
... __.. 6A
Continuing tile. Work.....................................fi29,
10.4
Contract Documents -
Amending................................ ..........................
...5
Bonds.........__. ._.............
.. _...:5.1
Ii1CIX' GIiNERAI, CONUI'1'IONS 1910-809901 INI'[ON)
,v(I'I V OF PORT COLLINS MODIFICAUO V. i OlfGw 9/h9)
Cash Allowances I I-ii
Article or Pirigiaph
Numl\'r
ChanGc of Contract Price?
11
................... ...............
Chancy. of Contract l uncs
12
❑hangcs in the Work ........................_.......
10,4-10.5
check and veri(}'.... ............ .. ..........
....=.>
Clarifications and
interpretations,_. _....... ... 3.2, 3.6.
1) 4, 9.11
definition of
1. 10
PN(i IN hl.R as i nitial interprocr of _.._.
9,11
HNG I NP.1'.R as OWN HN's i ept esemauvo....
gencr113
Insurance ......_. ......_.. .....
... ..... ?..3
Inmit.......__...._............_.__..........._...,..,3.1-.3.4
minor variations in the Wort: _....
_...,36
OWNERS responsibility to furnish dalll
83
OR NER's iesponsibilily to make
prompt payment.. 8.3, 1-1.4,
14413
preadale5,..,....... ......... .......3.
1, 3.3..3
Record DttLumalts_..._........_,......
Rebelence to Standards and Specifications
of I'cchnical Sociclicx ................._..... _..,......
3.3
Related \Vol-k........................................_...._.....
Z2
Reporling, and Resohl o, DlI crop 1nci 5.....,,.7.
S, 3,3
Rltls' of. _......._._ ... ......._..... ......... ._....
... 1:3.7
Supplcmmnting.. _. ..... ...........
_ _..... 3.6
'fernimlitiw, of ENGINEIA s Employtuent.__.
R.?
Unit Price bAfork......-..___........_....._.............
119
eariatious......................................3.G,
6,23, 6.27
1q
Vsit is to e, ISN_c11,71i.Rs
_ 9.2
Contract Price -
adjuslnlelltof_..._„ 3.5, 4. 1. 94, 10.3.
11.2.11..3
Change of _ .._..... _.._..
II
Decision on Disputes..._._................................9.11
definition oC.........._......................_.............__I.I1
Contract 'I mien
adjustment o(_ _. _.....................3. S. 4, I. 9,4, 10.3. 12
_...
Conmtencemenl of
2.3
deflllition of......................................................1.12
CON1 RAC 1'OR-.
Acceptance of lnsuranec _.__.
5.14
C(11111it lllllean(1115
h, �, 6.9.2
Continue Work ..... .........._. ..._,...
6'9, 10A
coordination and scheduling..,.,..
_.....6.9.'_
definition of .......................................................
1.13
Lnmled Reliance ,it -technical
Data Authorized
4.2.2
\day Slop Work or Term imnc _... _. _...... _..........
I i. i
provide site access to othus
7. 2, 13.1
Safety and I'roteclio4.......... _..... t1.3. L 2, 6, 16, 6.) S,
._.................................. 0.21.633,
7.2, 13.2
Shop Drawing mid Sampk Review
Prior to suhnlillal........................................
0"5
Stop Work roquircments,_
CON I RAC I OR'v
Article or Paragraph
Nunilxa
Compensation _. __..11.1-11.2
Continuing Obligation....... _..............:.... I........
WAS
De.&clive Work _.__...... ._._.9.6. 13.10-13.14
Duty to correct deldclh'c Work13.
11
Duly to Report --
Changes in the bVork caused by
Emergency ..._ __.._..
_._ 6.23
[)creels in \Volk o1'Others .............................
7_3
Differing condiholls __....
4.;.3
Discrepancy in I )mamicnla 35, 3.32,
6.142
Underground Facilities not indicaloll_.,.._..,4..3.)
llnergencies .._. .. _
_623
Equipliont and Michinory Rcnud, Cost
')['tileWork...........................................
11 A..3
Fee -Cost Plus I 1 -15$ 11.5.1,
............................
11-6
< •.nerld Warranty and Cuaranhr............._
6 30
I larlyd Coonuunicalicn Programs,,,,,,,,,,,,,,,,,,,,
6.22
Indemnification _.... _.6,11 6,16,
C. it-6.33
I nspaaion of the Work ................................
7.3, 13A
Labor. Materials and Equipntent ....................
fi3-6.,i
taws a11(I Regulallons, Compliance by ..
.. (i. 14.1
Liability insurance- ............ _......__.
5.4
Nolicc of Intent to Appeal.... _.._...
9.10. 10.4
obligation to perform and complete
theWork ....................................................
G..iU
Patent Fees and liaynluas, Paid for by ................
G. C
Performance and Other Bonds
i.l
Permits, obtained and paid (or by.. ._..._.
_.._-.0.1.3
Progress :ichedule _.., 2.6, 2.
S,?]).p 6.
.._.... .. _. 029. 10-4,
1.i.3.1
Requestlol liumal decisionon disputes9.11
12csponsibilitios--
Changes in the \Vork
10.1
Concerning Subuanraclors, suppliers
and Others............_
6.S-6.11
Call[illuir1L' the U''ork
6. 29, R)A
CONI RAC 'I OR's espcnsc
6 7.1
CONTRACPOWs General Warranty
Ind Guarantee
CON I RAC OR s miew prior to 31,op
Drawing or Srmll+le subnl hull ................
G._'i
Coordination of Work..... ._.........
. ...6`)2
Fir ei gencics
6. 233
ENGfNEF1is evaluation, S(lbsialres
nr "Or -Equal" Items. ......._..__.
_. 67 3
For Acts and Omissions
or Olhcl¢ ...... .... ._....,, 6.9.1-6
S)', 9.13
Ibr duluctiblo amounls,insuro-ulce .... ....
..... ... � 9
3cncral.................. ...................... 6, 72,
73, US)
IllizaI'dolls Com III lilt icat ion Proclaims
,. 6,22
Indemnification
6.31-e,33
DCOV GENERAL COMM 'I'IONS 191 a 811990 GUI ICON)
uJ CITY OF PORTCOU NS AIODi FICA IiNs rate\' 91991
Labor, N4aloria Is and Hqulpnlont _ _ 6. 3-6..5
Laws and Regulations_. .._ _.. ... 6, 14
Liability lnsurancq.. _ _._ .._ _.. 5.4
Article or Paragraph
Nunllxr
Notice of vil iat1011 font Contract
I%munieI1t5
0.27
Patent Fees and Royalties
Penh its _. __........_. _.. _...
.__613
Progress 5chedul4. _. _.. _. _ .. _.. _ _. _ _._..
_.. (i.6
RCCOrd nnoummIlts .....................................
6, 19
related Milk performed prior to
L-NCrINISRR's eppl'oval of ruµlirod
st;b1111ttals,..,... ..... _.,...,. _.,.. _... _. _
_... _ 0.2N
safe structural loading ....... ... .............
.,.... ..6. IS
Snrcry rut,[ Ill Wactton __ - .....620.
T2, 132
Safety Representative _.. __
... 6.21
Schedul ing Ili Mir ,... _._.... _.._.............6.9,2
Shop Drawings and Sunpleti... _..
...._ <i.24
Shop Drawings tlnd SNiil plea RCYitiv
by ENGINEER .................... _.........
.... 6,16
Sits Clemdiness
6,17
Submittal Procedures ...................................
6,21
SubSlllllW (A0I1Sbmeln011 Methods
and Procedures
6 73
Substitutes and "Or -I iqual" Itunv_
& 7.1
Soptrinkndcncq_........ �. _...
¢.2
Supe v lsion _. _.._
6,1
Survival of Obligations... _.... ..................
.. ._6.34
Taxca....._......."'.___......._........................(1,
15
'Posts ;and Inspections.
fo Report ... ._. _....
35
Usc of Pr cm isos 6.16.6.I8.
6.30.2A
Review Prior to Shop Drawing or
Sample Submittal......_........_...................._
6, 25
Right Io ailjustnlent for changes in the Work
10_2
right to claim 4, 7A, 9,4, 9, 5, 9,11,
10,2,111,
_....._. 11.9, 12.1. 13.9. 14.2, IsA,
LS.5. 17,3
Snloly and Proteolion..._. ... ... .,.. 6. 20-622,
7.2, 13.2
Safety Represenwiiwo ....... _....__...
6.21
Shop Drawings and Samples Snhminai;..._6.'_4-6.28
Special Consultants _..._ ... _... .....
I IAA
Substitute Construction +Metluxk and Procedures„6.7
Subslitines and "Or-P--yual" Items,
fxislme. ..... _.. ..... 6.7.1,
6. 7.2
Subcontractors, Supplies and ( )tiers,,,.,,,,_
6.S-6.I I
Supervision and Superinte.udCno4.-,...... 6A,
62, 6,21
faxes, Payment by ___.
..._6. 15
WUrsiltieS allll 9llilranle6S„ ,,,S
A 6.30
Wirronty of l'Illc .. .. ...._...........
1431
Written Notice Required -
CONTRACTOR stop Work or lore imw
....
Rtports or Differing Subsurlaa,
and Physical Conditions ..................
..... ?,23
Substaotiol Completion_ _....__-__.....-..1.7.8
l�l+
CON IRAM ORS_othcr... _. _._ __.7
Contractual Liallilitp Insurance _ .5.4,10
Contractual line Limits.. __. -_. .�2,2
Article or Paragraph
NIIniM
C oordlilalion--
C!ON I RAC 10R's resporIsibIIity...........
Copiesof Documents_.,
22
Correction Pcnod ....,.... .
__.
__.., 13. 12
Col'rcclion, Ptintival or Acceptance
of/)efeclive Work -
ill general ................................... 10A.i,
13.10-13.14
:\cccptuncc Wul'1:,.. _. _.....
_. _._ _._ 13.13
Correction or Removal of
Delrrlive Work ........ __.......... _..,._.630,
13.11
Correction Ptriod
_.. _. .13. 12
ObVNlili Uny Correct lJe/rotas Work
13.W
OWNER \try Stop %V(sk.................................
13. W
Cost
ofTests;md Inspections--, _..............
- 13.4
Records 1 1,7
Cost of dlc Work --
Bonds and insurance, additional ...................11.
I 9
(',as)) DiscounLS,..,_............. _.........................11.42
CONI'RAC fOR's P<e
I1.6
line ployct EApcnses..... _.._ _........ _ _......
.... J 1 A.5.1
l'xclusions to
11.3
Ceneralll 4-11'?
l"lolllo OIbCe uld ovel'head cxpenses. .,................
11.5
Losses mad damages ........................._........
11.4. i.ti
Nbtel'ills Ind equipment„
_ I L-I
Minor expenses .. _.._.__.
... 11.4.5.5
Payroll cmis on changes
__.., IIAI
per for m cd Iw Sull:i)Illl'actol:5 _.__......___..
_. I. lA3
Records 11.7
Rental's of CollStl'uCbon equipment
and machinery.... , _____.
..11 A 5,3
Royalty paynlells. permits and
liter C ICeS.._...................................
11.4. 5.i
Site office and lemporn} LuditieS__.
... 11A5?
Spceial Con sulIli tits, CON'I RACTOR's.„.„..„..
11.4.4
Supplcnitnlal __. _..._
_ 11.4.5
axas related to the Work ...............................
I1.4,SA
Tests and Inspection .......
13.4
'I'I'rIIIC DISVOL11115
I IA.2
Utllihes, In I and sanitary IIlllllle$,,,,
I IA i7
\Volk after regular hour s..........._....................
11. 41
Covering Wotk .. __. ......... .._..
.... 136-13,7
Cumulative RCllmdits
17.4-17.15
Ominla. tilling and patchin... ......
...........7.2
Data_ to Ic limnlshod by O\\ NL12
nay' --definition of. _.... _....
.......122.1
Decisions on Dispuro>_._ ...............................
9,11, 9,12
dd'/�cllve--definition of___.. __.... _.
1.14
delMild Work--
Accepuriocol ___...... ._. .__..__..,
uAl. 13.13
IWIX' UGNFUL CONDI'I ONS 191m-a t 1990 1 D] I [ONI
mf c'S'r1' OF PORTCOLUNS MODIMI,,A'00\'S (lie, wq?))
Correction or Removal of I0.4.1, 13 11
Correction Period 13,12
in general .... ,..... ._ 13. 14.7, 14.)1
Art icic or Paragraph
Numlwr
Obscmition by IiNGIN14FR................................
9:2
OWNER Miry Stop Mink__,,,,,,,, ,,,,,,,,,,,,
13, 10
Prom fit Notice of DO lZicts. _ _. _. _. _ _. _ _....
_ _ _.. _ 13.1
Rejective
_„_ _.. 96
13nco\enng the W`o l; _._.
_ _._.. 13.8
_.
Definitions
I
Delays.._..................................•1. 1, 6.29,
12.3-12A
Delivery of Bonds
_. _._. �.1
DeIivcryof cerIi ficaIes of lnsurnnco..... -........
. ...2.7
-
Determinations for Unit Prices
9.10
Differing 31lbsurrice or Physical Conditions--
Noliceof _......
42.3
RN(ENE,ii12's Review ......................................:
4,14
possible Contract Documents ('Into g@_.__..
.. ..1
Possible Price. mui'finlrs Adjuslme.nt...
_... _..... 4,2 6
D i ac rvpwlcits-I2e part i ng
and R•,golving__... _.... .2.5.
3.3..'., 6.14 2
Dispute Resolution--
Agrcenlenl....................................._.....
Arbarntion
10 1-16 .5
gencnd16
Mediation
16.6
Dispulc. Resolution Agreement.. ..
16.1-16.6
Disputes, Decisions by ItNGIA4iFR.............._..
9. I IA.12
Domu leans--
Copics of
_ -
_. ......
Record 6.19
_.
Reuse of _... ......
..__. 3.7
DI'A\5'111L'1 dCllll lt1011 0l
LIS
1;;19CIIILIItR.............._....
_.. _......_li.l
Efree[ ive date or Al, reem eml -- def in it ion or .............
1,16
Nnlen,encias
fl23
ENUINGER-
as Initial inlerpreler on (lisputes ___...._._'7.
11 9.12
derniuon o(
...1,17
Lnllllallr ns on nnlh(11'ity and i e5ponsibllnles
....... %.13
RCIATIcenlent of.. _...._ _..._.. ._.. .._
.... ...... �2
Resident Project Reprscntative... _....._...._,
9.3
ENGIN'EER's Consuitant-- definition of
.....................
I.IS
ENGINE BRIs--
authority and responslbiIi ty, lint i(ill iolxs
on........ 9. 13
AnlIlol'1].ed VNlatloo' In tile V"ol'1:
.......................
95
Change Orders, responsibility fol 9,7,
10, 11, 12
(71milicalionsand Interpretations . __
3,6 3, 94
Decisions on Disputes _..,,_.. __._
9.11-9.12
defective lVol'k, nonce of
13.1
Fivalwl(iorl of Sutstitulo heals ...........................
..
i,iabilily...................................................
(, 32,9.1'
M)lice Work, is Acceptable....
14,1.3
Obsemilions.............................
.ii30.2, 9.2
OlVW;,1: s Rcpr savativc _ o I
Payments to tile CO,N'IRAC 'f( yR,
Responsibility for:, _... ____...... .9?9, H
12.cconuuendution of Payment _..____... _. H 4, 14.13
AT tide or Paragraph
NunnIxr
Responsibililics--I,im iloliom on,,,
9.11-9.13
Review of Reports on Differing Sukuu rice
and Physical Conditions ...__.
._. 4.2.4
Shop Dra\vings and Sumples, tov7cw
responsibility __.. __.._..
..._or
Status Dunng CmsuuQuon--
authorized carnations in the Woll:
__....')..5
Clari fical ions anti Inlerpl etation5......
....... _1).4
Decisions on Disputes
9.11-9,12
Detenninalions on Unit Price._
Pro
ISN(YINI;FR as Initial Interpreter _,.-.
9.11-9 12
FNGINP.Fil2's Responsibilities ................9.
1-9, 12
Limitations on FNMNIi1:1. s Authority
and Responsibili ties._..._..__,.......__._,
9. 13
OW'NER's Reprewlitiltive-......_.....
_ __. ....... _ 9.1
Project Reprose.ntnliva... _...
_. _.__93
Rejecting Ue)eaire Work .............................
9 6
Shop Drawings, Chengc Orders
lend Payments..
9. 7 ).9
Visits to Site _._.... _.. ............_._...
_.._ 9.2
Unit Price determinations
9.10
visits to Site
9.21
lVI IIle11 consent rOrin iI eq...............................73,
9.1
Equipment, Lalxx, Materials mut...... ..........
.... 6.3-6.5
Equipment rents , Cost of Tile 10 of k
11 A.5.3
Equivalent Materials and Hyuipownt..
0.7
error or onl issionS
6.33
fivldorc.0 of Financial. ltanfel eats
$.11
I;Splonitlolls of physical conditions ..............
._..,,.... 4,11
Pee, CONTRAC'roRly--Costs Pills., _.. _...................11.6
Field Order' --
definition o(.,..._......__....__.
issued by I NG1NLFR...___._-.____..._.__.
3.6. I, 9.5
Fiord Aril inian lie' Payment_ ___..
_. _.... 1.1.12
Final Ilispection.... ............................ ....................
4,11
Final paynlcnt--
•nld Acceptance _..__. __._.._1113-14,14
Prior to, for cash allovmnces ................................
I Ls
General Provisions ..........................................
17.3-17A
General Requirements -
definition o1......................................................
1. Io
principat tell•.rences To_ __.....-2.6, 6A,
6.6-6.7, 6.24
Giving, Notice._,
17 1
Gunrenwe of Work by CO3N M\C•TU12 ....6
30, 14.12
I-llizind Communicntion Progtamti _....__....
.._ 622
Hazardous Waste--
defirlition
general
45
OWNER's responsibility for„
8 In
LJCIO , GHNI'RAT, COM)1'I'TONS 1910-3(199a EDI'HON)
v I Cli'IY OF FORT COI.I.INS MOOT I'ICA lIONs IIiCV 9/99)
Indan nilicatinn _ _. 6 1-1, 6 16, 6_31-6.33
Initially :Acceptable Schedules_ ... .. .. -. 19
Inspect it'll --
C•.rGGcate.soC ._........... ._.9,13,4, 135, 14. 12
Final Id. 11
Article or Paragraph
Numlxr
Special, required byI N61NUR _.
_. 96
Iests and Appmy,d _....__ _87,
13.3-13.4
frisularica--
.Acccptanccof bvOWNIiR_..
..._.5, 14
Additional, required by changes
in tic Work
11,4,5.9
Before starting the Work.... _......._.
_. _..._?.7
Bends and. -in genera._..._..........._.._... _
.............5
Cancellation Provisions
i,S
Cmitleates of . 17. S 5_3, 54
11, 5A.l3,
..._..................,i6-5, S.S, 3.14, 9,114.
14.12
completed operations ..... .. _... _....
.....5 4. 13
CONI'RAC'I'U12's Liability. .......
?A
C ( )N'FRACTOR's objection to coverage.. _..
_..-..1.I4
Contractual Liability _.._ ._.. __.
iA, IU
deductible amounts, CONTRAC I'OR•s
.............................5.9
Filial Application for Payment _.___....__..___.1.112
Licensed Insurers ..__..... .... ..__...._._..__...S.3
Notice requirements, loutel'lal change., _. _..5.8,
10.5
Option to Replace _.._ _. _ ........_....
5.14
othel special insurance; .......................
..SA0
OWNER as fiduciary for mstueds, ... ...,>.
13-5.13
OWNER'S Liabilae �
i i
OWN3R's Responsibility,
....... S.S
f ltial lilllization, Property Insurance,_
„_..5,15
Property.. _. _. _..
5•6-510
Receipt and Application off a lanitcc
Pfootst ls_ _. _.......... _.................. _.......
5,12-5,13
Special l nsurancc
5,10
Waiver of Rights _.... .... ............ .._........_
...... `.I I
Intent of Contract Documents
3.1-3.4
Interpretations and Clarlhcalions _.__.. _3,6.3,
9 4
InvcnYigations ofphysical conditions
A
1_11lor Materials and Equipment ._. .. __.._._,63-6.5
knilds--
and t,atements
8.4
Availability of ..............
4.1, S.4
Reports and 'I eats ..................
Lines and Re gulations--Laws or Regulations --
Bonds _. .__.._..
2. 1-5.2
Changes in the Wolk _.__. _. _.
_.. It).-1
Conflict Documents ........ ..._.
........:3.1
CON'RAO'I'OLes Rosponslbil mess
614
Corr<mion Pericxl, de%ilclive Work.__.__..
13.12
COS( of flit Work, taxis ................................
I1.4.5A
detilinion Of`
1 22
gencral6-14
Indeninibcation .......__. __._. _...
6.31-6.33
y
Insurance __.__... _.I ,3
Precedence _._.. _.3. I, .3. 3.3
Reference to 3.11
Sn fety and 1)'oleclion _..,.... ,...... _.... 6,20, 13.2
Subcontractors, Suppliers and Othets ...... ... 6. Y-6,1 I
At Iicic or I 'aragraph
Numim
'Pests and Inspections ...___..
13.5
Use Or ]'real ises... _.. _. ..___
6,16
Visitslo Stic
I.i:d>ilily Insurance --
CON I' RAC IOR's..........._....._...........................?A
OW'NERs __. _.. ..
.....5.5
Licensed Surows and Insurers .-.... .........
... .
5 3
Liens--
Application fillI'r'clgress Payment
14.2
CON I RACI Ohs Warranty of f ills_ ._..
. _.J I
Filial Applietnon for Pnymenl.........................14.1^-
definiuonof ._. _... ........... ....._._..1L13
Waiver of Claims....... .....__.. ._...
,14 I5
Limitations on EM31NI ik's authority and
responsibilities _.-. -_..
'>. 13
Limited Reliance by CON 'IRAM OR
_
Authorized- ..................... .................................'
2'_
Mhimennnce and Operating Mmwals-
1°inal eApplicmion for payalrtl_.._..... . __.--,14.12
IMmlllal5 (of others)--
PYecedence .__... .__.
3.3. 3.1
Matoi'Ip1S and egntIallem--
tarnishedbyCONERACI'OR..
G_3
not incorporakd in \Poll. _....._ .......14,'
Niatei nllY Ol Clhllpin Clll--CglllYalClll
03
Medmllon (Opit and)... ..._ ._
16.7
N'fllestones--def11111ion OI'............ ..... _......................1
24
Miscel lancous--
c;omputatlonot lanais. ._.__17.2
_.....
Cumulative Remedies ............_.
17.4
Ci wing Noticq............ ..... _.........
... .17.1
Nance of Clain]
17.3
Prol'essionul lees and Court Costs Includu],,,,17..i
]\'bald printo contl'act.S ,
7
Not Shown or Indicated .........................................
Notice of--
iAcceptablllty'Vf Project ..... .......
_1-1.13
Award, definition ol,... ...... .....___
1 25
Claim...................................................._.......
Defetts,13, I
Diti'ering Sulxsurfacc or Physical Conditions.
_. 4.2.3
Giving ...... .................. _... "_..,.
17A
'teals and Inspaaions ,,,,,,,
„_ 133
4'at an ion, Shop Drawing and Sample, .....
6_'7
Notice to proceed--
delinition of.._......._ .........................................
136
giving of __._.. ...._
_2.3
IJCI V GENLlldl. CON617l Olt:J 191 o-S
09aa L'D1110N)
m/ t"Ill' pR 1'Glll-COLLINS \10DIFlC<\TfONS
IRIiV 9I99)
13. Coordinate with L&P customers and citizens, utility locators, permit
administrators, job inspectors, L&P subcontractors, and others as required.
14. **Saw -cut and remove concrete and/or asphalt.
15. *`Replace concrete, asphalt, roadbase, dirt and other material in order to restore
are to as near original condition as possible.
16. **Restore Landscaping.
17. Other construction activities may be requested by L&P at a price to be negotiated
between the parties.
**These services may or may not be requested at the discretion of the L&P Representative.
Contractor shall, however, provide pricing in their proposal to the City of Fort Collins.
Typical Project to Proceed as Follows
1. The L&P Representative provides a map indicating the project area information
specific to that area a required.
2. The L&P Representative and the Contractor's Representative jointly review the
project area and clarify any remaining details.
3. The L&P Representative and the Contractor's Representative complete a work
order form for the project area indicating work units and any items specific to the
work area. Upon completion of the work order form, the price for completing the
project area is calculated based on unit prices submitted in the Contractor's
response to L&P's Request for Proposal along with any specific adjustments
noted.
4. The L&P Representative and the Contractor's Representative determine a
starting date and a completion date for the project area and include this on the
work order.
5. The L&P Representative and the Contractor's Representative review and
approve the completed work order for the area. The completed work order must
have the specific dollar amounts and stated completion dates as agreed to by
both parties.
6. Work is then completed by the Contractor, in accordance with the specific
requirements as stated in the L&P Request for Proposal, between the agreed to
starting and completion dates.
7. After completion, the L&P Representative and the Contractor's Representative
review the project area to verify work is complete and satisfactory. The L&P
Representative and the Contractor's Representative mutually edit and update the
construction maps and other project information as necessary to reflect as -built
conditions.
8. Upon mutual agreement between the L&P Representative and the Contractor's
Representative that work is complete and satisfactory, the Contractor prepares
and submits a bill for the amount agreed to on the work order to the L&P
Representative. The L&P Representative then initiates processing the payment
request.
Utility SA WO rev06/07
Notification to Surely
10_5
Observations, by IiNG I NI36R
630_22
OWupancy ofthe Rork _...
5.15. 6.3(L.4. 11.10
Omissions or actsby C.ONIRACRA)
_... .... ... G9,9. 13
Open Peril policy form, Insurance,._..
.... _. 6.2
Option to Replaw..............................
A.....................
rticle or Para_raph
Numlier
"Or Equal" Items. _...._
.. 6,7
Other work 7
6.3
OWNI,R--
Acccptance ofda/echve \Soak ..........................
113.13
appoint an hNCilNGlih..___.__.....
es fiduciary ... ....... _ _.... _... _............. _
5,12-i. 13
Availability of Lands, responsibi lily._.,.... .........
_:f.l
definition of _ .. _. _. __.
1.27
data, furnish
8.3
May Correct Detective Work ...........................
Ia.14
Mny refuse to make payment,,..... _ _.. _...........
_.1,-1.7
May Slop the Work_
10
N,lay Suspend Work
Terminate __ ._. _... _... 8.8, 13. 10.
IS 1-1ie
Payment, make prompt ..................... $.3,
HA, 14.13
per formamu of other\vork .... ............ ..._............
7.1
permits nod licenses, require.monls_.._......._....
613
purchased insurulco reyuircmcnts....____._`.r..i.
10
A lceplalice of the Work„_.
Change UI'dcls, obligation to estcute,,,,,.....
S.6, 10A
coo In ollica11011$............._...............................,
.SA
Coordination of the Work
_. 7A
Disputes, request for decision ._._ ..__.....
_. 'k I
Inspections, tests and approvall;_ _ _ _-..8.7,
13.4
I.'labllay finsura I1cL
Notice Of Defects ...............................................
13.1
Rol)rCSenl'All\'6-Dull'111g conslruetloll,
I-INGINIMR's Status ......................... ............
9.1
R<sponslbllilies
ASI%sk)S, PCBs. Petrolcunl, IhIZU dous
Waste or Radioactive Material .................
8.10
Change Orders .............. ............ �...................
8.6
Changes in tho lVorl:.._._.. _.. _. _......._...
_. lo.l
com nrunicat ions ...........................................
S.I
C'ONl'RMA'OPis responsibi lilies
_._.... 3.9
evidence of financial nrrungements..............S.II
inspections, tests and approval,., _..
. ..... R7
insurance
8.9
lands and easements .....................................
S..1
prompt payment by. ___ __._..
8.3
1'clAnom ent of GN G NLBR _.......
reports and tests ....__......._...
8A
Mop or smpend Work ... ..... ...... ..., 8.8, 13.
10, 1 i.l
terminate CONTRACPORs
services.. _.....
n.8, li?
separate representative at site .............. _.............
93
tcttin„ independent
use or occupancy
of the Wolf. .li, 6.30.2.-1, 14.It)
written consent or approval
r quircd.. ...._. _. ._,__... 9. 1, 6.3, 11.4
IUCIRI OE WSRAI. WNW I10O'3191 a S 11990 HIA I'10M
\e/ ill'IY i)P PORT COLLINS AIODIPICAIICNS hull V 4I89)
Article or Paragraph
Num lwr
written notice require({,,
._7.1, 9.4, 211,
11.1), 14.7, 154
PcBs--
dd)nitionol..
genera.........................._..................................4..i
ORNER's resyonsibilily torn .,.
_.__ ___ 5.10
Rutial Utilization-.
definition of
1.28
2enera16.30, 24, 1410
Property Insurance ....__ _. .__.._.
_.__.. ?.IS
Patent Fe". and Roy allies........_ _. ...........
....._ 6,12
Payment Bonds... ......
5.1-5.2
Payments, Recommendation of
14A-14.7, 14.1 3
Paynlellts to CONTRAC"fOR and Comploicli -
AppllcatiJnforProgiessayine111S
CONI'RAC'I'OR's Wmnanly of 'fide
_. _.._ 14.3
Final Application Pia Payment ..........
...............14. 12
IOnal Inspection..._......._ _.,....._
_..... _. 14.11
Fiord Payment and Acceptance .....
_... 14 13-14 14
ganero-al,._.,_....,.______......_...._...__......_.8.3,
14
Partial Uliliz:nlon _.._. _.._.__.
.. 14. 10
Retai nnge.......................
..142
Review of Applications IN
Progress Paymones... _. _. .........._....
14.4-14.7
prompt payment ............
..
Sclleduk of Values
14.1
Substantial Completion......__.__._.__._...
t4.8-149
Waivei of Clause
14,15
R'henl pay11101c dlW„ ...............................
14. 1, 14.13
withholding payltta`.Itt.._
14.7
Performance Bonds
_.. I-5.2
Porn ns ._. _.. .._.....
.....6.13
PCtroklllll
definition JI
1.30
general....._....._...................._...........................4
5
O%V\ER':i r<npollcibi11ty 10Y_..... _.__....__.........
1. 1(1
Physical Conditions—
Drawing ot. in or rclming tV___.____.,
FNGINEI•:R's iovicw..........................................1.3A
J\istingstrtictuies ..___.
.... 4.12
genei a1 42 1.2
Notice of Differing Sullsurfuce or. __......._........4.2--.3
Po,oible Contract Docum en la Change; _.....
_.__. 4,2 S
Possible Rice and Times Adjuslmontg,..,
.43.6
RaPot s and Dr:nvinga
...........4. 2.1
Subsurface and,
4.2
Subsurface Conditions
4.2AJ
Technical Dora. Limited Reliance by
CON'1'RA(CMR Authorized..___..._.
Underground Facl bUcs-
general........._.._......................_.................
43
Not Shown or tndiev eel... _.. _...
4.3.2
Protection ol:13,
6.211
Arlide, or Parngraph
Numlw
Shown Jr Indicated.__...
..... _4.3.1
Technical Data _. ._. ..
.. _.. 412.2
Preeomnuetion C'on(orence
........................................
2.R
Prelinlinary Matters
Prelinlinmry Schedule; .......................................
2.6
Premises. Use of .....__
._6.16-6.I8
Price, Change of Conll'Ut .._.
... I 1
Price, Conlnlct--definition of
PYJgI'Lss Payincril, Applications
Progress Payment--retailme
14.2
Pmgicss schedule, CON I'121C. I ORS
'_ 6, 11', 2 9
_..... _..___ 6.6,029,
104-152.1
1.31
Project R<praswllalivo--
ENGINIq_"Rs Slaws During CJnstl'uctioll
_ 9.3
Project Representative, Resident --deft it ion
of...... .. 1.33
prnupt payment by OWNMi.....................................
8.3
Property Insurance--
Addilion:d .......... ............
........._.i7
generA5.6-5. 10
Partial Utilization,,,... .. __..
_.?.IS, 14. 10.2
receipt and application Jr prceceds.............S
12-5.13
Protection, Safety and........... .............. .....0
20-6,2I, 13.2
IAnlch list
14.11
Radioactive Material--
du6nlion of ......... _. _._..
........ 1.3^_
gesierald.5
OWNIil2's iesponsihihl-v rot: _ ............................I'
I(I
Recom Ill endaIion of Pilym enl14.4.
14.5, 14,13
Record Documents _ -
6 19, 14.12
Records, procedures for maintaining
Reference Points ,,,,,,,, _`_„_„
_ „4.4
MelYllet to Standal'd.S and SpecIIK-0tlolls
of Iechlncal Societies
3.3
Regulaliom;, 1,aws end(oY)........................._..._......
6. 14
Reiectill g D"Iective Wol'k _.. _._._....._._.__,_.___.4.6
Related Work—
atSite_........._.......,.._...............
......... .. T 1-7.3
Performed prior to Shop Drawings
:lost &11)1)lcS tiUl)lll 1l tals rev lcxv,
(L 2S
Remedies. c)1mulatIYC,,,,,,__........
__...,,1 TA 17.i
Removal or Correction ofl)t/Mive Work
13.11
rental agreements, OWNER approval retlimed.
.... i 1.4.5.3
replacement of ENGINEER, by OWNER_.
....... . _. _._.,8.2
Reporting and Resolving
Discropmmica ............................._. 2.5,
3.32, 6A42
Roports--
and Drewinls
4, 2.1
and Tests, OWN'LRs responsibility
... ...... _._..13.4
Resident and Project Representative_
definition of ,,,,,,__„
provision for ............................................ 93
xii I(I('IA1 CiiiAF1(AI,(;ONIIITIONS 191o.a (1994) IDI'ITORI
vo CITY OF FOR'( (1(11.1.INS NO1)IRC'ATtONN (TON 9/9))
Article or Para••gnph
Nunilwr
Resident Superintendent, CON RACTOR's.. __ 6,2
Responsibilities --
CON MAC OR's-in general......................._......_ 6
GNGINGbRs in gcnolal_._._.
9
L inlltahons on _.._.
9,13
OWNII s-in eencral
Relmilage ....._,
_._.... _. 14.2
Reuse of Daum Cris
3.7
Review by CON 'I'RAC I'OR: Shop Drawings
and Sempes Prior to Subm ittal
..___. _625
Review of Applications for
Progress Payments..,__. ........... .................
14.4-14.7
Right to an adjustment_ _......
__..... _10,2
Rights of Way
4.1
Royah ies, Patent Pus vn(I......................................
c3,1 ^-
Sate Structur:d Loading,,,..._.__.___ ...................
_. 6. IS
Solely --
and Protection........ ............
4.3.2, 6.16, 6.18,
......... 6.10-6,21.
7.2, 132
gcncral......................................._...........
6.20-6.23
Ropresentative, CON'I'RACTOR'.s._.._._.._.,,,,.
_13. 21
Simples --
deli atom of .......... ...................
..
......... ...... _1.34
general ...._...
_. _._(%24-6.25
ER
b Review y CONAC'rOR _._.._..._.
_.... _..... 6�25
Review by HNGINMi R..... ,...... .__.............
6,26, 6,27
related Work ....................................................
tt.23
submittal of
6. 242
submittal pro "lure4
Schedule of pi out ns.....__..
16 24-2.9 6,6,
___
629, 104, 15,2.1
Schedule of Shop Drawing and simple
Stlbllilll:Its .............................. 2. 0,
2,it- 2.9, 6,24-6._'$
Sellecltle of Values
2,6 2.8-19, 14.1
Schedules --
Adherence to, ..,,,.... ., _,....,......
.....I i.2.1
Adjusting .__. __..... .
...... _... _o.o
Change of Contract'I'ill1q.................................I0.1
it itially Acceptable. ... _... _.....
... ._.. _. _18, 2.)
Preliminary'......__ _....
2.6
Scope of Changes-,..
Subsurfacro Conditions ............._...,,....._._....._...:
,2.1-1
Shop Drawings --
and Samples, geneial ................................
624-6,29
Chango Orders S Applications fot
Payments, anal,.
..__.._... 9. 7_9.9
definition of ......
......__.. _1.35
IiNGINN:R'sapprtval of, ._.__
__....,3.61
ENGINE 8R'.s responsibility
for revittv......._ .........................._.`).
7, 6.24.6?S
related \Vork _.._
Q28
I'evicw procedures ................ _... _.........
. �. 6.24-6.28
Article or Paragraph
Nundnn
submittal. required _._.._
624.1
Submittal Procedures
625
useto approve. suhslilutinns _............. _...
67.3
Shown or Indicated ................................................
4.3.1
Site Access........ .. .... _..__.
7.2. 13.2
Site CI canliness
6.17
Site, Visits to
by others __.
...__.1.3.2
"special causes A loss" policy Rxm,
5.6,2
definition of....._.,.._ .... .............__.....,......_,._
1.36
specifications--
definationof __. .. _. _....
136
of-fechnieal Societies, retcrence to
..,3.11
precedence ................................. _..................
... 3.3
Standards and Specifications
of'fcchnical Societies., _....
1.3
Starting Construction Before...... ......_.......
2.i-2.S
Stalling the Wed: _.__... _._..
2A
Stop Or Suspend Wei Id
by CONI' RAC "I OR_...._...................................I
5
by OWNI•-12,,.,.......1........_..............$_S, 1A
M, 15.1
Storage of nnucnals and equipment ...
4.1, 7.2
SlrtiCtllrill L(YI(IIItL SHfely,,,,__.
6.18
S11M)ntr5cdoi'-
Conccrning.._...._................... _................
ci.F-G.I I
definition of_ ...... ..........................................
1.37
delays
12.3
Wolfer of r,ght.5
6.1)
:iul>Lenti'a(tors--in ecneud .. ... _._O.M.I1
Sutx.ontracls-roquued provisions - , 5,11. 6.
11, 11.4.1
Suhntlttals-
Applicalions rot Paynlort ......... ............... .......
_ 14.2
.Maintenance. and Operation Manuals_. _ __
14.12
Procedures ..._._....... _.... ........
6.2
Progress Scllcdilles._.._...._ .... _.._.
2.6, '_.'.)
Samples....... ..__....._ _..__..
6.246?S
Schedule of Vallies................_,,,.,_„.,.,,,,,,,.2.6,
141
Schedule oCShop Dtaavings and Sanlple.s
__..__..2,6,
25-29
)hOp Dra,ring', ._._.__. ._.._.,__6,N-6.2n
Subsuullial Completion--
ccrtificalionot......_.,......_.,..__,_6.30.2.3,
14,5-1449
definition of.....................................................1..35
Substitute Construction bfcthods or Procedures..__..6-7,2
Substitutes and "Or Equal" Items _,,,
... ,,,... 6.7
CON'rR:AC'I OG s 13zpcnsc.. .......... ...... ....
..... ¢.7.1.3
hN(iPJ-3?Rs hvaluauan _.
n, 7.3
o7A 1
Substitute Cotutrticlion Methods
xiti 1i1(IX: CIiN1 RAI, COMA iIONS 1910 St I99s) VD11'IONI
"i CITY O1; I:ORT COLLINS MODiFICAIIONS 111RV 91991
Article or I arncraph
Number
oI Procedures
1,.7,2
Subla ia»e I tem s
6.7. 12
subsul'Iace and Phylocal Conditio la--
I)r,nvings of, in or relateg to
1.2. L'-
I:Nt;1MiGR's Review_. _..
4.2A
general _..... .......
.. . _... ..4.2
Limited Reliance by CONERACTOR
Authorized
4 _Se
Notice of Dittoing Subsurface or
Physical Conditions..-...__.... _
._.... _ 4.2.3
111l ical Conthnomi
4. 2. L,
Possible Contract Documents Chanuq._.
_... 4.2.5
Possible Price and"I'tales Adjuslnterus -....
4, 2.6
Reports and Drawings_._........ ........ __.
_. _. r1.2.1
Suhsur lace and
42
Subsmrface Conditions n( the 4lte ._. _.._.._`1.2.
11
Technical Data
422
Supervision--
CONTRAC'r012sresponsibility
(1.1
OWNHN shall not supery ise.......... I ..........
1,9
P,NGiNF1HR shall not supervise.............._9.2,
9.13.2
Superintendence.. ......._.................
G2
Superintendent, 6)N1R\CTORS resident
SllpplelllellUll cola} .. _.
..,,.,, ..,11.4.5
Supplementary Q,ndtlions-
definition af.................................._..._........_...
1.39
principal references Io................. I.10, I.I
$, 2.'2, 2.7,
_ .1 2, 4A, 5.1, 5.3,
.5.4, left-5.9,
._._ 5.11, 6. 8, 6. 13, 1.4, 8.11,
p, 3, 9. 10
Supplementing Conlr,IlA Docunanls
3.6
supphel'
definition OL...._.....,.....__._....._......_..............
1 •40
?rificipal let :cmrcta ttl,.. _,,.... 3.7, 6.5, 6,9-6,
11, 6.2o
24,
9-13, 1412
Waiver of lights ._........ ... ...
_._.,,,.. 6.11
consent to final paymcril_...., _........ _.....1
1,12, 1.1,14
ENGINFEIR has nn duly to
9A 3
Notification of __...._. 10.
I. 10. 5, 152
qualification of .,____._
__..._
.5.I-.5.3
Survival of Obficntionl
6.34
Suspend Work OWNER MnT .......................13.10,
15.1
Suspension of Work and 1'ermin»ion-7„_.,.,...
..,__._ 15
CON'I RAC'r012 May Stop Work
I,, Tel'nt inatc
15.5
OWNER May Suspend \York_.
OWNLR May "Fenn inale. ......... ...... _ _
_ ...
'1'ascs Payment by CONTRACTOR ...............
. ._g.15
'Pochnlcal Data --
Limited Reliance by CONI TRACI'OR......._.......4.12
possfbte PF fee and "rinks Adiusnnellts.
42.6
Reports of, Differing Subsurface and
Physical Conditions._._.._.........._. _......._.,.1.2.3
sic
'foal porary constrlmlfull fact I itio.%. __.._ _. ... __41
Article or Paragraph
NuIlIM
TCI'Itl final ion--
bv CON 'I'RAC 'I'OR
I5S
by OW N1,X........................................ S.8.
15.1-15.4
of I NGINLI:Vs employment ........ _
S 2
Suspension of Work-in general,
15
'feriasand Adjectives .. _.. ...
........
.... __..3.4
Tests and Inspections--
AceesstolheWork, byothers,,.
cost o1 13.4
covering Work prior to _ -.
13.6-13.7
Laws and Regulations (or) ................... ............
13.5
Notice of' [)erects - .. _. _..._
. 13.1
OAVNJ;R MaySlop Wolk .... ._....,,
13.10
OWNFR's independent testing..,._._.................13A
special, Icquired by I:NC INFFR,__,
9.ti
timely notice required ......
. .... 13.4
Uncovering theWork, at ENOINEVR's
request _... _.. . __.
13.5.13.9
Imes -
Adjusting........ ............................. ................
...... (.e
Change of Contract,.. ...__......._ ......
.......1
Computation of -_.._._.17.2
Contract Tulles. -definition or .......
.
_._.1.12
Milestones ...................................
Requirements_
appeals _... _...9.10,
16
clarifications,
daillil and'6putus _. _.. 9. II.
I1,2. I2
C'om nlencem ent of Contract Times._._.._....
2.1
Pl'econstluctior,Conflrcllce
2.S
lchelllll P.l__.................. 1............ _.. _.16,
20, (feet
Startml ,, the Work _..._..
.... 2..1
rltlz. Warrant\ of ......... ..__.....14.3
Ullcoverma Work I ..... ..... ...... __...
Underground 1`a:ahlws$ Physical Condilionl --
definition I,(: ........................ .......... ....
.......L11
Not Shown c Indicated ..........
....-J.3
protection of
Shown or Indicated ..........................................
4.3.1
Unit Price Work --
claims .. _...... ......_.
1,19.3
definition ol............................................_......1.42
general 11.9, 14.1, 14.5
Unit Prices--
gencral11.3.1
I)eterltimot1on Gar
9. 111
Use of Premises .... ... .. ...... 6. 16, 6, 1s.
6.30. 2A
i Itility owners ............................ 6,13, G.'_it, 7.1-7.3,
13.2
utilization, Partial 1 28, 5.15 n 30.2.4,
1.1.1(If
Value of tileWork,...._..........._..............
._..._ 11.3
Values. Schcduie of, ._........ ._. _.... ..... 2.6, 25-2.9,
14.1
FJC'IX) Gilt ERAL CONlil 110M 1910
8 (1991) P.UMONI
wl Cl I Y OF I'012T I.61.LINS roloon'lacnovs IRIiV 9/99)
Variations in Work --Minor
Audioriml 6 2i, 6.27, 9.5
Arlide or Paragraph
Num1wr
Visits to Sito-by ENS31NIEER
92
Waiver of Claims --on Final Rivnient
1.1.1.5
Waiver of Rights by insured
5 11, 6.11
Warranty and Guararilee. General --by
C< )IN'l RACFOR
630
Warranty of'Fiflc, C.ON MACfOR's.
143
Woj k--
Accessto ...........................................................
1.32
byother s .. ............................................................
7
Changes in the
lit
Continuing then.....__.__.. ....... ... ......
... .... .. 6,29
CON FRACTOR \,,fIiy Stop Work
"I felmillato
Coordination of
T4
Cost of the
I
definition of
... 1A3
,Wgllecle d by CON'FRACTOR .... ..
.. . ...... 13. 14
other Work
7
OWNPIR Mqv Stop \Voik,
13,10
OWN I t R \,[fly Suspend I Work .................
13 10, 1 i. I
Rellated, %VOlik at Site
7 1-73
Stivim, the.._....._....._ .... .. .. . ......
2-1
Slopping by CONTRACTOR
Slopping by OXVN17R
Voriation aad deviation authoriml,
minor 16
Welk (711tinge Ducetivc-
c.laimpursuant to .......... ........ ......
............... JO,-,
definition of
1.44
principal rcicrencv.s to
3.S.3, 10,1-10-'
Written Affielldillent-
'fefinition of
principal references ill 10, 3 5, 5 10,1.i.12,
............... 2, 6X 2,
6. 19, 10. 1, 10.4,
- - 1 1. I'll 2, 111,
13.122. 14.72
Written Clarifications and
Interpretations....__..._._._.._-_..._.....
3.6.3, 9. 4, 9.11
Written Notice Required -
by CONTRAC. fOR ............................
7 1, 9, 1 0-9. 11,
-
. RIA, 11 2, 12.1
byOlvNER 9.10-911,
10A, 112, 13,14
FXTV OHINERAI, COND] I IONS 1910-8 (1990 VDI ICON)
I,,'( I ly OF FOR]'( OIJANS MODIFICA 11CONS MEV 9,99)
(This page left blank intentirnvdly)
ni ISJCW OHNIAA1. COADII'IONS 19lo S (199U ED1 IlpNd1
mi (I i V OI' FORT C(51J.IN5 bIDD1 PIC:CtIONS IRIiV 9%19)
GENERAL CONDITIONS
ARTICLE 1—DEFUNITIONS
Wherever used in those Ge.nerill Conditiots or in the other
Contract Documents ilia following terms have ilia
meunings indiartecl which aro apphuible to both the
singular end plural thereof:
I.I. :h0andn—Writtan or graphic insittlme.nts issued
prior to file opening of Bids which clarify, corrwt or
change, the Lidding Requiraniorils or the Contact
Documents.
11. ei(rtemenl- I lie written contract lxuveen OWN BR
and CONTRACTOR covering Iho Work to b: performed;
other Contract )ncunrcnt.s arc mtaehcd to the Agreement
and made a part thereof as provided therein.
13. Application lbr Pnynnnr--Ilie Ibrnt accopled by
ENGINItHk which is to Ix; used by CONI'IZAC:I'OR in
requesting program or final payments and which is to he
accompanied by such supliol ing documental toll Is is
required by the Contract Documents.
IA Ae'bevos--Any nmterial that contains more Than one
Iits ant asbestos Ind is li Table or is releasing aslresnx flivis
Into Ilia air shove current action levels eetahliAwd by Ilia
l inited Slates Occulletional Sofety and Health
Adill I Tilsit'I tlon.
1.5. BuEThe of lot nr prollosoI of ilia bidder submitted
on the pi ascribed form .sorting Ibnli the prices for the Work
to ba performed.
1,6 Biddigy . Docmnonis-The. sdvertiserimit or
invitation to Bid, lnstarctions to bidders, the Did kill, and
Tile proposed Contract Documents (including all Addenda
issues d prior to reeaipt of Bids).
I.T Binding Requirements--1'lie advertisement or
invitation to Boo, insrrdiont; to bidders, and the Bid form.
1 8. Bonds--Parlihnumteo and Payment bonds and tithe[
instruments at security.
19. Ch"'i Oriler—A document recommended by
ENGINEER. which is signal by CON'I'I X'FOR and
ORNEIi anti authoriras an addition, dmiclion or revision in
[lie Work, or on adjustment in the Contract Price or the
Contract Tlilloa, issuul on or after the Effective Dale of the
Agreement.
1,1Q Conlrncl DaaamienA-The Agreement, Addenda
(which pertain to the Contract Documents),
CON IKACrows Bid (uwduding duwumenkrtion
accompanying Ilia Bid and any host Bid documentation
submittal prior to lire Notice of Award) when attached as
an exhibit ro the Agreement, the Notice to [Tile"([, the
Bonds. These Genctal Conditions, the Supplormsaary
Conditions, the Spacilie:vions and Ilia )rolvillgs ss the
HJMCQEi EitAt, CONDI 11ONs 1911) StI990 BAiliaU
m/CI'rl' OI' Fort CQUA Net MODH WA I'TOM (RAIN' 124a(t)
some arc nlorc slxcilivally Idontilted in the Agiacmcnl,
Together with till Wrillen Amendmznl.s, Change Orders,
Work Clmnge Directives. Field Orders and GNGIN'EDIRS
written interpretations and clarifications issued pursuant to
Ixnugraphs3.5. 3.6.1 and 3.6.3 (it or atei Ilse ElTedive
Date of the :\grannant. Shop )rowing subnultads
approved pursuant to paragrapfu 6.26 and 6.27 and the
nelxn'Is and dr:twines referred N in foorilraphs 4,11 and
a 2.2 are not Contract Documents.
I.I L Cnnhnc/ !'lira -=Cho looney payable by
OWNR to CONTRACI OR for completion of Ilia. Rork
in accordance with ilia Contract Documeaas as stilted in
the Agreement (subject to Ilia provisions of
Iilm;rnph 119_1 in tile else of (lnil Mice Work).
1.12. C'anhenl 7'ir11VS-1 he nunitxrs of days or the
dams stated in the Agrocmenr (i) to achieve Substantial
Completion, xncl (ii) to compkto the Work so that it is
ready for final {payment as avicicnccd by ENGINI Ws
written recommendation of final Payl»ent in accordance
with f oragraph 14. 13.
1 13.. C.'OA7PACTOR--1'lie Ilortern, fiml or col'Ixhration
wish whom O\1%N{I: has anlercd into Ilia Agreentcnt.
1 14. daleelive—An adjective which when malifying
the, word Work lotus to Work that is unwrlislnetopS faulty
cr deficient ill fhal it titles not eonfrilln to Idle Contract
Documents, or does not meet the rquiremcnis of any
in.sfection, reference standa<I, test or approval referred to
in the Contrnd DOeullnonta, or has been damaged prior to
I?NGIINBBR's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by Ol1rNI?I2 or Subsrmtiol Completion in accorc6ume will)
paragn,ph 14.8 of 14.11,a)-
1.15. Drmcitigs I'Ila clrmvings which show OW scope,
extent and character of the Work to be furnished and
Ivrtbrmed by CON7'IZACTOR and which have been
propmcd or approved by EMANEILiR and arc. rc.tened to
in the Contnwt Documents. Shop drawings are not
Drawinas i s so defined.
L 16, [}(leclira Dole of the Apeemew--Cho data
indicated in ill,- Ai nement on which it Ilucomes erfecki o,
bill if no such data is indicated It weolu the date on which
the Agreement is signed and dclivere.d by Ilia last ut the
Two parties to sign) and ddivcr.
117, E!V01NEER--fhc person, firm or corporation
mm�al as such in the Agreement.
1.18. EA2;IA'17!?I2lr Conndlow—A ivitem. fine or
corlmrution hawing it contract with ENGINEER to lumish
smvias its ENWNEIRs independent pnrfcssional
associato or consuIItit) l with respect k) tilt I'ro/ect and who
is identi6al Is such in the Supplanlentary Conditions.
119. field Under --A wrillnh order issued by
1-NGIN'EER which order; minor chmii cs in the Rork in
accordance with Ixarngraph 9.5 but which does not involve
a change in Ole Contract Price or the Contra Timms.
120. (-;enend Requinunan/o--Se.dions of Division 1 d
the Spccific;rtions.
1.2L Haw)(iours'Waste—The loon hazardous Waste shall
have the marring provided in Section 1004 of the Solid
Wnlite Uisposnl Act (41 USC Section 6903) as amended
from lime to lime.
123a. Laura' and Regulations Laws a" Regulations -Any
and all applicable I:nva, talcs, rvgulalions, ordinanves-.
codes and ordons of tiny and all governmental bodies,
agencies, authorities and courts havingjurisclicliom
1_22.b.L�glil llolidnq__sltall kct_hosghuliclay_ observed
Inv the City of Irort Collin,
1.23. Liens --Liens, charges, accurity interests or
encumbrances upon real property or p o.iial prollerty.
124, d/il,,same--.A principal event spccifioil in the
Contrast Dm n cris rolating to tin hunnediate completion
data or time prior to Sulattantial Completion of ill the
Work.
1.25, Nalco ofAivmel-A written notice by OWNER to
file appoint sucusaful hidda'sfating that upon compliance
by the apparent successful bidder with the conditions
preeetevx cnunicmted therein, within file tints speeihod,
OW INER will sign and deliver the Agreement.
1.26:Voice to Proceod--;\ written notice given by
OWNI,R to CON I RAC'I OR (aith a copy to IiN(i1 NFhR)
fixing the data on which tha Contract Tillie., will
Commence to run and tin which CON"I'RAC 'I OR shall start
In lie inin CON'I'RACI-OWS obligations under the
Contract Documents.
1.27. OIINCR- l"he public lxcly or authority,
corporation, association, firm or perm with whom
CONTRACTOR his enteral into the Agrcanent and l'or
whom file Work is to he pt'ov idcd.
1?l. Pran 1 Utili:anon--Use by OWNGIL of a
subshmtially annpleted plan of the \14ak IN the Itnrlx>sc
fix which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
129. /'CL3.r-{'olychlorinntal biphonyls.
L3q. ('ea oleum--PetroleuIII, including crude oil or any
fiaclion thereof which IS liquid at sfanc61rl conditions of
lentixr.LLure and pressure (00 degres Fahrenheit and
14.71xwnds per square inch absolute). such as oil,
lletroleum, fuel oil, oil sludge, oil IQrnse, gasoline, kerosene
and oil mixed with other non-liazardous Washes :lad crude
oils.
1.31. AgecI-'Ilie total construction of which the Work
to be providttl under the Contract Dmilments may be the
whole, or it part it% indicmed cl"sewhore. in the Contract
Documents.
1,32u, Radioactive :1-Ialetfal-Sou[eo, special nuclear. or
byproduct mat xis I Its defined by the. ;\tonne. Nnzrgy :\et of
GJCDC GhdLiflAL CONDI II ONS 1914) 3 (1990 Leman
tv/ 0I y OF RIK I COLLI NS AIODIIICA'I 10-ii (11L-V W000)
19>4 (42 USC Section 2011 N seq.) as amended from
Umu In lintC-
I_32.h Reyulnr.INglFtnt; Llarn'.m-Re)_ul a working.hour:;
arS_cJ !rn d t 7;1)U uu to o_uui in p111Cfei othenvi_c
spxxrifivi n th Goil rdKquirements,
1.33. Revdenl PI'ojecl Reptoonlalivi-I lie nulhorized
representmive of ENGINEER who may be assigned to the
site or any part 11wo of:
1,34, Samples -Physical examples of mate, ials.
deptipment, or workmanship that are representative of
some portion of file Work and whidi establish the
standards by which such portion of the Work will he
judged.
I .i Shop Drawings -All drawings, diagrams,
illustrations, schedules and other ellita of intignianon
which ire specifically prepared or assembled by cr fior
CONT(:ACCOR and submitted by CONTRACPOR to
it luvrate Snnu pnnion of the Work.
1.36. Speeificalions-Thore Ilortions of the Contract
Documents consisting of written technical clescriptiens of
materials, equipment, constmciinn systems, stnndank and
workmanship as applied to the Work and certain
ndminislratirc dektiix applioable thereto.
1 37. S7/hcatherclru•-;An individual, .)inn or co I)OInion
having a direct oon ract with CON I'RAC'MIZ nlwith any
other Subcontractor for the lxrformance of it flail of the
Walk at the site.
13R. Sub.manllal Completion-1 lie Work (w is
slxcitied fxut thereot) has progressed to the point where,
in the opinion of ENGINiil92 as evidenced by
ENGINGGR's definitive certificate. of Substantial
Completion, it is sulIIoiendy complefo, in aeeordimw with
the Contract Documents, so that the Work (or slxeilied
pan) can be utilized lox the purpxsses for which it is
intended,, or if no such certificate is issued, when the
Work is complete lard ready for lumal payment is
evidenced by ENGINEFR's written rocomntcnda[inn of
final payment in occoniaince with paingraph 14,13. 'the
teens "s lbskintially conlplmc" fund "atlbsnnhally
completed" as applied to till of fort of file Work refer to
Substantial Completion Iharaof
1.3c). S'upplameelary Condi/inn.r__Pile Taut of the
Contract Documents wh(dl amends or supplements these
Geamnd Conditions.
1.40. Supplier--l. manutiwturer, fabricator, supplier,
distributor, ❑vacriahnan or vendor Curving it direct contract
with CON"IRACfOR or with tiny Subcontnwtor to
furnish materials or e(impme.nt to be incopxomted in the
Work by CONTRACTOR or any Subcontractor.
I AI. Underground Pacililres--AII pipelines, conduits,
ducts, cables, wires. manholes, vaults, tanks, tunnels or
other such facilities or attachments, sill :nry encasnnews
Containing such facilities which have been installed
underground to furnish any of the Billowing services or
material: elearieity, gases, stemn, liquid I,cit) leum
product;, lelephonc or other communications, cable
television, sewage and (Intinoge removal, tragic or other
control syslonis or waict'.
1,42, Unit Nice Ihork-\Vork to he paid p)r on the basis
of unit prices.
1.43. Work- tho entire completed construction of the
various sepamteh identitmble parts theeof enquired to be
furnished under the Contract Documents. Work includes
and is the result of pcl'Corming or furnishing labor And
furnishing and incogxrnting materials and equipment into
the Corraniction, and perfonaing or furnishing mrviucs And
lirnishing documents, all is requirod by the Contract
Documents,
1,44. Hrurk Change Dir¢clive--A wrawn directive to
CONt'I RAC'I OR. issued on or alter the Elleclivc Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering All Addition. ddetion Or revision
in the Work, or responding to differing or unforeseen
physical Conditions miller which the Work is to be
lerfonnod As provided in pmmgraph 42 or -13 or to
emcrgoncics under paragraph 6.23. A Work Change
Directive will not dtango rile Contract Price or Elm Contract
Times, bill is MMIC.o that the parties eNrod that the
change (directed of documented by a ]Vork Change
Directive will be inaxlxomted in a subsequently issued
Change Order following negodalions by the parties as to its
effect, if any, an the Contract price or Contract Times as
provided in paragraph 103.
1,45, IYritten Antendommi--A written amandmcnt of the
Conuact Documents, sinned by OWNER and
CONTR,v,rOR on or Alter the ECfeclivo Date of the
Agreement And normally dealing wish the nonengineering
Fe r nontechnical rather than strictly conslnyaton-rented
uspacfs of the Contract Documents.
ARTICLE 2-PRELIMINARY INIATTIFILS
Delivery o173ords:
11. When CONTRACTOR deliver the executed
Agroanenta to OWNER, CO'v ❑ ACTOR shall also
dohvol to OWNFIk .utdn Bonds As CON 'rRAC=rOR may
to required to furnish in accordance with paragraph 5. I.
Copies oJ'Documents::
="_' OWNER ahtdl turnish to CJONI-RACIOR up to tell
copies (unless otherwise sreQfQ l in Ito Supplonientary
Conditions) or the Contract Documents as are reasonably
11CCessA for the C8eel1 i0ll of the Work, Additional eopics
Will N: fumishnd. upon request, at the cost of replc(luction.
Commencement of'Conh'act Titres. Notice to Proceed'
2.3. The Contract Times will commence to run on the
Iharlot 11 clay alter the 1;froct ive Data of the Aaraennntt, or,
BICDC OGNLAdL CONDE 110%3 1910-S 11990 L'diaign
wi ( I'I Y OF FORT C'OLL1 Ns MODIPICA IaONS tRt(V I12000)
it a Notico to I'l x"d is given, on the day Indicated in the
Notice to Proceed. A Notice to Proceed nnq, he given at
,my tinro within thirty clays alter the Elkctive Data of (lie
Agreement____ Ire no-event-will-the-Gonlreet--T-imas
eommencc-to-fall -later -thin-Lire sisGelli try -after tile JAY
or Hid openingor the thirtieth day after thrEllirotive I )ate
of Elie Agreement, whichever elate is earlier.
Starting the Work:
2A. ( ON(RAC:'rm shall .start to Ivrfonn the Work
On the (late When file CAnll'act '(i1ncS Commence to lure,
but no Work shot] Ix done it Elie site prior to the data on
which the conh'act'rimes commence to run.
BAtive,Stailing Convrrctiar
3.5. Beficre undertaking each pan of the Work,
CON'I RAC'I'OR shall carefully sm(ly and eonlpmro the
Contract Documents and check and verify pertinent
Figures shown thereon And all applicable Gold
measurements. CON'1'RAC'I'OR shall promptly report in
writing to ENGINEER any conflict, error, onlbiguily or
discrepancy which COWRM'FOR may disawcr And
shall obtain a written intetpretation or clarification from
ENGINEER bdioro proceeding with any VVork affected
Thereby', hnwaver, CO\ I'RAC 'r0IR shall not be liable to
OVNEIR of HNGINEER fix thiluic to rcpxxt any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CON'I RACIIOR know nr reasonably
should have known thereof.
16. Wilhin tell dnvs after the Effective Dato of the
.Agreement (unless otherwise speciried in the General
Raduirem<ms), CON "TRAC TOR shall submit to
GNGINEIiR lilt rovicw:
16. 1, it preliminary picituess achMulo uuliatiag
the times (numbers of days or elates) for stating And
completing the various stages of the Work, including
Any Milestones specif cd in the. Contract Documents
2.02. A pichnt imly sc]rcdulc of shop Drawulg and
Sample submittals Whieh will list each required
submittal and the limes roe submitting, reviewing and
procossing such sulallitalt
16.2.1. In no case will a whedula Ix;
Acceptably which Allows h s than 21 calendar
Fla s lot each a ec lc by I}mein r.
2.6.3. A pieliminury Whe dulo of values for All of
the Work which will include quantities and prices of
items aeereeatine the C'onnact Price and will
subdivide the Work into component p>irus insufficient
detail to serve As the basis fir prergl'ess p aynxnb
during construction, Such prices will include all
appropriate antowlt of overhead and profit app]iuAble
W ccch dent of Work.
2.7, Before any Work At the site is sooted.
CM I RAC 'I'OR andshall each deliver to the
other QF"NER, with copies to each -Additional -insured
udanHfied-in-th tiSupplvvenmry-Condiionn I k(il lv4:IjR,
autilic:ates of insurance. (,and other evidence of insurance
which -either -of -then --or Ivry'--uelditionnl-insural-nww
roluontibly—request requested hvOIVNHR) which
CONCRACTOR-nncK)4VNIn2 mslxeslivdy-tiro is required
to purchase and maintinn in ucconlxnce with
litnagrnphs 5.4, 5,6 mid 33,
Pruron'truclion Couferance
2.3. Within twenty days after the Contrad'I'inmes start to
nun, but before tiny Work a( the site is sinned, a conference
attended by CONrf RACTOR. 13NGINL•EP and others as
nppropriate will be held to establish n working
understanding anoong the parties its to the Work and it,
discus,, the schedules referred to in lnrngrnph 26,
proccelures for handling Shop Drawings and other
submittals processing !Applications for Rrylnuri and
maintaining required records.
fnifiall) Acceptable Schedrdec:
29 Dnlesx olhrneise provided in the Contract
Documents, aNeaeHan-days-Ioefore=ndtiuissiotreFBtrfirst
Application -fix Payment Ix:fbro anv work fit the site Ixairvt
a conference attended by CON'fRAC '['OR, IiNGINlililt
and odnars as opprop ere desit�1,1fnel by WNT,R, will be,
hold to review for acceptability to HNGINHIiR as provided
Mow the schedules submitted in accordance with
pnragrrq>h'--�. and. Division I - cawtal Requirements.
CON"I'RLACIOR shrill have an additional left days to make
corrections and adjustments and to complete mud resubmit
the schedules. No progress payment shall Ix- made to
CON'I'RACI'OR will the, schedules arc submitted to moil
,,acceptable to I;NGhNHER as provided below. The
proglcss schedule will IV acceptable to ENGINEER as
providing an orderly prop'ession of file Work to
completion within anv slxcihed \9ilestanos and the
Contract "l lilies, but such aazptance will neither ill fuse on
C.NGINEEP iesponsibiht• Ibr the sequencing, scheduling
or progress of the Work no; intell0re. with or relieve.
CON l'RAC'L'OR Ironl CONTRACT OR's frill
responsibility therefor. CONPRA(TOR's schedule of
Shop Drawing and Sample submissions will be, aceeptablo
to ENGINT EER as providing a worknble ammngenlcnt for
reviewing and prceossing the ie(quirel submittals
CONfRAC'I')Ws seherlule of values will be acceptable la
ENGINEER ru to form and submfince,
ARTICLE 3-CONTRACT UGCCIMfNTs: IN'r13N'I',
AhIENDING, REUSE,
Luenr.
3.1, 'fire Contract DOU1111,11i comprise the entire
agrwnnent between O\VNLiR and CONTRACTOR
concerning the Work. flee Contlaot Documents arc
complementary; \vital is called for by one is as binding as if
callM for by all. 'rho Contract Ducunrenfs will Ix
construed in accol'danm with the law of the place, of the
Project.
3.2. It Is the, intent of the Confect Documents In
UCDC UENERAL C'ONDI'I'I OI S 19I O S O "(f I'dilimn
n'/ CITY (lit' IUIt'I COLLI y5 YIODIIIGA I IGNS (1(IiV -I QUcal
de.wribc a functionally complete Project (or Inn tImeo()
to he constructed in necordaulcc with the Comnlcl
Documents. Any Work, materials or ale I)lllenl than only
reasonably be inferred front the Contract Dmunrents or
front prevailing custolw or trade usauge as bring required to
produce the intended revult will ha furnished and
grrfornrcd whether or not specifically called for. When
words or phlrases which have a well-known technical or
construction industry or nacde nncaning are used to
describe Work, mutcrials or eplipnlent, suds words ar
phrases shall be interpreted in accordance with that
meaning. Clarifimalioru and ineipretations of the Contract
Docmnents shall Ins issued by HN(HNl;I;R as provided in
paragraph 9.4.
3.3. Reference to Standards and Spectficario n.c of
%'echnical Sociefies: Reporting and Rea'oh•iug
Dia'crepancies:
33.1, Relerence. to standards, sIvcificuions.
manuals or codes of tiny technical society, organization
or association, or to the haws or Regulations of any
goacnunanlal amhority, whcthel such reference be
sgnroihe alby implication, shall mean the latest
standard, specification. manual, code or Laws or
Regulations in erred at the tiny fit ogxming of Rids (or,
on the I{112ctivr. Dam m of the Agrccnuil'therc were
no Rids), except as nay, Ix otherwise specifically
stated in the Contract Documento,.
3_i.=. IC during the ga:rfnmuma•. of the Work.
CON'I RAC 'I'OR discovers any conflict, error,
ambiguity or discieltfuicy within the Contract
Doctmocnis or Mween the Contract Documents and
fury provimil of any such Lmv or Regulation
applicmble to the felfornlance of the. Work or of any
such standard, specification, manual or tale or of any
instruction of any SuppIlet relerred to in parip-ph 6.5,
CON9'RAC'fOR shall rctxul it to ENGINEER in
writing at once, awl, CON'TRAC'fOR shall not
proceed with the Work aft4ted thereby (except In an
emergency Its authorized by lotuagraph 6.23) until an
amendment of supplement 10 the (. Ontfact DiVultlenls
has been issued by one of the methods indicated in
Ixuagraph 3.5 or 3.6; provided, however, that
CON'rk,VC'roiz shall nor be liable to OWNER of
GNGIN ER tix flilutc to elvil any, such conflict,
error, mnbinuily or dis'crcpnncy unless
C'ONTRAC'rOR know of reasonably should have
I:no\vn Iherool'.
3.3.1 Except as otherwiso slxoitiully seaod in the
Contract Documents or as may be provided by
enrendnlent or supplement thereto issued by one of the
methods indicated in parautiph .3.5 or 3.6, the
provisiore of the Contract Documents shall like
precedents in resolving any conllicl, en'or, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. (lie provisions of fmv such .stancaard.
specification, manual, ands or insimetion (whether
or not specifically incorpotatad by refierence, in the
Contract Docunrutts)( or
Once a schedule is agreed to by the Contractor, L&P may impose a penalty of $500.00 per day
for each following the scheduled completion date that the work order has not been completed by
5:00 p.m.
In order to be selected, the contractor must be licensed to perform the required work in the City
of Fort Collins. They must demonstrate, to L&P's satisfaction that they have adequate staffing,
experience, equipment, and tools, including safety equipment to do the job. They must respond
to L&P's request to start an individual work order within five (5) working days of notification.
Date to begin actual construction will be mutually agreed to and defined in each individual work
order. The contractor must be able to obtain all required permits, utility locates, traffic plans,
and must pay all fees as necessary. They must carry adequate insurance and agree to
indemnify the City as described in the Services Agreement and the General Conditions. The
contractor must be able to comply with all applicable safety regulations. All terms of the
Services Agreement and General Conditions shall be complied with through the term of the
agreement.
The City of Fort Collins Utilities/L&P shall have the option to add prime contractors as deemed
necessary.
Light & Power has a responsibility to coordinate all of these construction activities with the
property owners and customers of the Utility. The contractor will be expected to notify affected
property owners and tenants at least 24 hours in advance of starting work at a given property.
Various methods may be used at the discretion of the L&P Project Manager including door
hangers, telephone contact, and on -site meetings with customers. The contractor may have to
reschedule work based on requests from a property owner or tenant, deal with complaints, and
perform follow-up work to the satisfaction of L&P and its customers. The contractor will be
expected to provide a primary and a back-up contact person for all jobs related to this RFP
including agreement on the work to be performed, work schedules, construction details, making
contact with customers, settling disagreements, site inspections, work acceptance, change
orders, and other issues.
Because the contractor will be working on customer properties and around customer' homes,
they must maintain the cleanliness of the job site to the greatest extent possible. All trash and
construction debris must be removed and the area restored to as near original condition as
quickly as possible. Construction personnel must treat the customers and their property with
courtesy and respect. L&P reserves the right to demand the removal of any employee of the
contractor who does not meet these standards or who does not perform to the satisfaction of the
L&P Project Manager.
Utility SA WO rev06/07
3.3.3.2, the provisions of any such Lars or
Regulations opplicoble to tilt, Ixr-forounco of the
Work (unless such an interpolation of die
provisions of [lie Contract Documenls Would resell
in violation of such Law or Reguhalion).
No provision of any such standard, specification, manual,
code or insuuclion shall he effective to change the duties
and esjWnsibdities of OUNI;R, CON'I'RAC'I'OR or
FNGINFER, or any of their sulwonnaoors, consultants,
nuents or employees from those set limb in the Contract
Documents, nor shall it Ix effective to assign to OWNER,
ENGINEER or any o1IiNG I NFHR's Consultants, ftgents or
cntployces any duty or authority to supervise or direct the
furnishing or pcdonnance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of parngrnph 9.13 or any other provision of the
Contract I Mcu ments.
3A Whenovar in the Contract Documents the terns "as
ordered" "as directed" "is requirod" "as allowed", "as
approved" or terms of like effect or import arc Used, or the
adjectives "teasonablo', "suitable", "acc.pmblo", "prolw"
or `MHSfactory" or adjeclivcs of like effect or ingwn are
used to dascrila a 1equirennent, direction, review of
judunont of ENGINEER as to the Work, it is intended den
such requirement, direction, review or judgment Will be
solely to evaluate, in genonl, (he completed \Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the desien
a>nnopl o(tlw completed Project as a functioning whole as
shown or indicaled in tiro Contract DOCUIllo nlS (unless there
is it specific statement indicating olherwaoa). The use, of
nny .such tens or adjective shall not Lou effective to assign to
ENGINEER nny duty or authority to sulutrise or direct the
famishing or imfnrmancc of the Work or any duty or
authority to undertake responsibility contrary to the
provision of pa ignaph 9.13 or any other provision of the
Contract Documents.
Ineewfing tend Supplen ruling Confine! Docunrons
3.5. -Chc Contract Documents nny be amended to
provide for additions, dclelionc and revisions in the Work
or to modiN the reins and condition thereof in one or
prow of the following \vnys:
3.5,1. a formal Written Aniendnrcnt,
3.5.2, n Chnngo Order (pursuant to INMIg<aph IOA).
nr
IJC'DC OENER AL C0?l1A (IONS Ivies d19'ln &I1m,)
w/ O I'Y OP PORT' IX)I.I.1 Vs SIODn'iCUIONS MV L40000
31.l, a Woik Chango Directive (prn'su ad to
1 <tragraph Ill. 1).
3.6. In addition, the requiremem(c of the Contract
DCcamentS nny be supp wna•nitth nod minor enrialions
and deviations in the Work may he authorized, in (,lie or
more of the following ways.
3.6. L A Geld Order (pursuant to pragraph 9.5),
1.61. f %IGINEI R's approval of a Shop Drawing or
Sample (pursuant to paragraphs 626 and 6.27), or
3.6.3. ENGINEEWs written interpolation or
clarification (pursuma to Imraglaph 9.-1).
Rertw <J'Docunrenre':
3.7. CON'I RACTUR, and any Subwnlnutor or
Supplier or other fcrson or organinntion performing or
furnishing anv of the Work taller it direct or indirect
contract With OWNISR (i) shall not havo or nequire any
title un or ownership rights in any of the Drawings,
Slxcil'u;raons or other documents (or copies o1' nny
thereof) prelrarcd by or lxering file seal of ENMINEER or
MHNEER's Consultant, and (it � shall ?I'll rouse any oI'
such Drawings, Specifications, nt er doc tntays or copies
on csWnsions of the PnajCCL or any other project nvithout
written consent of OWNER and ENGINI3GR and specific
written verification or adnptstion by IiNC4INISHR.
r1I2'rICLI3 4-AA7ASLAI3lLrrY olr LA,NDs
St:IWIR IeACV AN1) PI I1'SI CAA, CON 1)11'1ONS;
I2EIIER irNCF POINTS
b-ailabilin, of Lands:
4 , OWNER shall tunesh, as indicated in the Contrax
Dwunent:n the lands upon which (he Work is to be
Imfonned, nalits-ot\eny and easements for access
thereto, and Such other hands which arc designated for the
use oCCON'CRr\CCOR. Upon reasannblc w[ilhm requusl.
OlA(Nl�ld-shall—litmish fONl'RyVC=TOIL witlrit voneut
Wnement of record logo] tide and legal dewriplion of the
Iands ulxm which die Work is to be perfomred and
O1WNER'r interest therein as neceeeiry for giving notice
of or llling a nn¢chanicls lien agan)"I such lands in
ncewdrncai—nvitln—srphcable—Laws mid Regulations,
OWNER shall identify any encumbf:nues or restrictions
nor of general application but s1weifu:ally related to use of
lands so furnished with which CAN"I-RACCOR will have
to comply in 1-,erfornung the Work_ Uru;monl.s [or
Immanent structures or pannncnt changes in oeisling
lhci]ities will be, obfuned and p:ud li)r by OWNER, unkrs
otherwise provided in the Contract Limuments. If
CON RACL'OR and OWNER are unable to agree on
entitlement to or the amount or extent of any odjushnenfs
in the Contnwt price or the Contract Tines as a resit of
any delay in OWN'R's funishing these lands, righisof-
wrp or ursemcnts. cuN'rRfACTOR may make a chant
therefor os provided in Articles II and 12.
COS 1'FR2 M I,OR shall provide tux all additional lands and
access thereto that rally be 12quired Ibr tentpoi ry
construction facilities or slcv'age of materials and
equipment.
4.'. Subvinflrcerud PhYsical Conditions:
4.2.1. Rapai7s mid Dicoungs. Reternwc is made to
file Supplemcnlary C'ondilions for idcntitic'ation of.
4.2.1_I_ Subsurftae Condilimm: 'fho:;v re.pota of
aq)looitions and tests of subsurhroe conditions at or
contiguous 16 the site that have Ixen ulity:ed by
GNOINUR in prelxlring the Contt»a Dmumm�ts,
and
42.12. P/po'ical Condilimas: 'Phase dulwings of
physical conditions in or relating to existing surface
or subsurli¢¢ struclur s at or contiguous to file site
(except Underground Facilities) That have Iran
utilized by GNCINEER. in pielxu'ing the Contact
Documents.
4.22. Untied Reliance by (CON7'R-IC701? ;luthonzed'.
Taclune.1 Dula: CON IRAC'IOR may rely upon 1110
general accuracy ot'the "technical data" contained in such
rclnurts and drmt ings. but retch reports and crewing% are, not
Conlinet Documents. Such "technical eh la" is identified in
lift Supple-mtntap Conditions Except for sued) reliance till
such "technical data", CON "1RAC I'OR 11my not rely upon
or make env tlninn nnainst O1dNI!R, HNGINFFR or nay of
LN(i Nllla\s Consuhants\l'fill reApG9 to:
.4 2.11 the completeness of such reports and
dnlwings lot CON 'IRAC. FOR's purposes,
including, but not Ilnllled to, any asputS of the
means, methods, techniques, sequences and
procedures oC construction to be employed by
C'ON'riz m, r,m and :adety precautions and
programs incident thelelo, or
422.1 other dins, intorprewtions, opinions
and intonation contained in such ropor(s or .shown
or indidned insuch dnnyings, or
-1 2.2.3, any CONTRAC'f012 intagxAation of
or conclusion drawn (font any "whnical data" or
tiny such data, interpr.9:aions, opinions- or
information.
4.23_ A'otice of Dtffengr S'ubsulfice of, Pltvwul
Conditions: If CON'I'RAC'I'OR believes that any
subsurfaec or physical condition at or contiguous to 1ht site
that is uncovered or revelled either:
4 2..3.1. is of such a nfaare as to establish that
any "Iechniad data" on which CON'( RACf012 is
entitled to rely as provided in paragttaphs 4 2.1 and
4.2.2 is nlateriully iInICCU ale. or
4.23.2. is of such it nature as to require a
change in the Contract I )oawents, or
4.233. differs materially from that shown or
kJMC OGNL'a:A6 CONUI H01A8 191a8 (19Pa 6dintin
IV, (ill' Of FIA l COLIA PAS MODWR A'rIONS (RaV Jr.Oea)
indichtcd in the Contract Documents, or
42.3.4. is of an unuswll aature, and 1InTars
materially from conditions ordinarily encountered
and generally nVognized us inherent in work of
ilia chnncter provided for In the Contract
Documents; then
CON'f12:AC'rm shall, Ironnaiv inuncc]iatcly alter
becollinn, aware thereof and Iwforo further disturbing
conditions infected thereby or 1 rforming any Work in
Connecticut therewith except in all enielgency N$
permitted by paragraph ri.2.3), notify Ol3NHR and
haGNFFR u) wnbng about such condition.
CON 'fRAC'1'OR shall not further disturb such conditions
or Ixrform any Work, in connection therewith (except as
of orcsaid) (,fill] receipt of written order to flow.
4.2.4. EN! INA,E72's Reviom: IMi INFER will
promptly review ilia fertincnl conditions, determine the
necessity of OWNGR's obtaining additional exploration or
tests with reslxct thereto and advise OWNER in writing
(with n copy to CON'I'I2.AC'I'OR) of I,NGd NIihlFs
Endings and inclusions.
4.2_5, Possible Contract Docurnznls Change: if
IiNGINliliR concludes that a change in tilt Contract
Decunlcnls is nxluilml corn Icsuh of a condition That races
one or more of 1110 categories in paragraph 4.2.3, a \4'olk
Change Directive or a Change Order will Ix issued as
provided in Article In to rzlject and doeturent the
ecnsequenccs of Such chmngc.
426 Pnssibla 7hice and nmea Adjur(uienls: An
equitable adiusintenl in file Conunet price or in the
Contract Times, or 1xvh, will be allowed to the extern that
life existence of such uncovered of rnwnlod condition
umscs an increase or decrease in CONTRACTOR!, cost
of, or elane roq(,ir•d for performance of, Iha Work; subject,
hmvuver, to the Hallowing:
42.6.1. Well COnditiOn Mist I»eet any late or
n10r6 of file categories described in
pamgraphs 42.3.1 Ihrot a 1 .12.3.4, inclunivc,
4,2.6.2. a change in Illy Contract Documents
pursulnt to Ixragraph 42.5 mill not to in
❑ulonwtic aLthOnVRh011 of nor a condition
pncnd<nt to antilltment [o any such aWjuxm car,
4.163, wish reslwct to Work that is Imid Iilr
on a Unit Price Basis, any adjus(,»enl in Conlrwt
Price will Ix subjtcl to the provisions of
Ixragrq>hs 9.IUandll9: and
4.2.G.4. CON772:1CCOR shall not lx entitled
to any adlu.stnlent in the. Contract Price or'I'lines
i fl
42,641 (:I(:)NTRAC'I'OR knew of
the existence of such conditions at the
time ( CON'I'RAC'I'OR made a final
comnlitill ant to OW'Ni'R in respeel or
Contract Price and Contrast 'f alias by the
submission of It bid or becoming bound
under a negotiated contract; or
4.2.64.2. the existence of such
condition weld reasonably have been
discovered or revealed as a result of any
CCkunin'ation, inVCSligali011, exploration,
test or study of the site and contiguous
areas required by the Biddilyg
RUgrhi'eilRalts or CUnUnCt Declt nCnl4 to be
conducted by of for CON'I'RACFOR prior
to CON'fRACCUR's making such final
com In itnlent; or
4.2.641 CON 'I'R ACTOR tailed nx
give the written notice within the time and
as r quircxl by flu agi 42.3.
If OWNER and CON'FRAC I'OR arc unable to agrcc on
entitlement to or as to the amount or lervil of any such
equitable adjusument in the Contract Price or Contract
'firms, a claim may [to made theraror as provided in
Articles 11 and 12. However, OWNER, ENGINEER end
kNGINlk1ER's COMUIRUIN shall not he Iimhla to
C W I AC'I OR for any claims, costs, lows or damages
:atsfainofl by CON'I'ILVCI'OR on or in annnectiun with nay
other project or anticilualed project.
4.b, Plrpx'icnl C'ondi(inns--Underground 1•nciliries:
4,3.1. Shoum or Atdicale& 'Tile infornmtion and data
shown or indicated in the Contract Documents with
rospeet to existing Underground Facilities at or
contiguous to the sire is based on inforlation cord dale
lot )tished to OWNFR or FNIINI FI?R by the ownctx of
such Underground Facilities or by ahats. Unless it is
othuwisc expmssly provided in the Supplementary
Conditions:
4.3, I.I OWNER and ENUINrEER shall not lx1
respenxsible IJr the accuracy or completeness of any
such information or data; and
4.3.12. The cost of OIL of the following will be
included in the Contract Price and CON'FRAC'I'OR
shall have fill] reslxmtsits lit)' Ibr: (i) reviewing and
shacking all such a ionnation and data, (n) locating
all Underground Facilities shown or indicated in Iha
C OTIVI Lct Dmumems,(iii) coordination of the Work
with the owners of such UndellItound Facilities
during constnction, and (iv) the ssdety and
protection of all such l n(Ierground Facilities its
provided in lktntgraph 62o and repairing any
damage thereto I csu]ting from the Work.
4.3.2. Nul Sitom w hubcoled: If an Underground
liacilit) is uncovered or rcvrdcd to or contiguous to
the site which was not shown or indicotal in the
Contnrwt D(wunlenls, CUNCRAC'fOR shall, prolnptly
nnngd_otely afler Ixxoming aware, fhereof and before
further disturbing commons o&cad thereby or
Ixrforming any Work in connection theraw'ith (except
in an emergency as rcquurod by paragraph 6.23).
identify the, olvnar of such Underg mad Facility and
a,ICDC GIiNLRAI, CONVII IONS 19I1) S (1990 lidIoIX10
,,;('I I'1' Om FOldl' COIII NS MODH ICAIJONS tRIN WNW
give vyrincn notice to that m mar and to OWNER and
ENGINEER. FNGINFT,R will promptly review file.
Underground Facility and determine the extent, if
any, to which It chaitge is required in the Contract
DrCt1Itl Cote, to rcllect mud (IOCUMCIA the eonuquenccs
Of the axistCllce of the Underground Facility. If
ENGINEER concludes that It change in the Contntet
Documents is ottlio al, a Work Change. Duatwel Of o
Change Order will b; issued as provided in Article lit
to Idlest and document such conscyucucas. During
such lima, CON 'Il2AC'fOR shell Im raslxmsible for
the safety and protection of such Underuound
Faollity ns provided in paragraph 6.21).
C'ON'I`RAC 'FOR shall may be allowed an increase in
fhe Conu'act Prim or an extension of the. Coniract
'Titres, or both, to the extent that they are mtrihutzble
to the existence of any Underground Facility Ihnt was
not shown er indicated in the Contract Documents
and than CON FRAC'I'OR (lid not know of rmd could
not reasonably have been oyxeted to he aware of or
to lunge antwilialcd. ICOWNFR onl CONTRACTOR
m'o unable to agrcc on en itlemonl to or the amount or
length Or any such adjusumenl in Contract Price or
Contract 'Times, CON 'I'RAC 'I'OR may make m claim
therefor as provided in Articles I I and 12. I Iowever,
OWNER, ENGINEUZ and HNGINFER's
Consudrnnisshall nor Ice table to CON I'RAC.FOR for
tiny claims, costs, lasses or damages incurred or
.sustained by CON RACTOR on or in connection
with stay other project or anticipated project.
Reference Pointy.
4,4. OWNBR shall provide cngincaring surveys to
establish 'el'cancc points for consuuctiNt which in
HNGINFER's judgment arc necessary to amble.
CON If RAC I'OR to prxccd with the Work
CONFRAC'rOR stroll be reslxmsib]e for Ioyine out the
Work, Anill protect and preserve the established referent.
lmnts and shall make, no changes or relocations without
the pilot written approval or OW NI:R. CONTRACTOR
shall report to ENGINEER whenever any reference Ixnint
is lost or destroyed or requires relocation be atnrw of
necessary changes in grades or Incrttiens, and stroll be
lespmsible for the accurate replacement or relocation of
such rcR.ronee Ix>ints by professionally qualified
IMISonnel.
J.S. AsbWa.r, PCBs, Petroleum, llapruvlou.s' Neste or
RaCimetirc ,Material:
45.1. OWNER shill he reslwnsible for any
Asbestos, PCIs, PCIrnICUM, Illvsminus Waste or
Radioactive Nla trial uncovered or revealed at the silo
which was nol shown or indicated in Drawings or
Slic6lications or identified in the Contract
Dmuntenls to be within the scolsi of file Work and
which may present a substantial danger to persons or
prolacrty exposed llenao in eontnvlion with the Work
at the site OWNER shall not be. responsible for any
such nnnerials brought to the site by
CUNTRAC 'I'OR, SUIXOntmetm:S. Suppliers nr
anyone, ulna for whom CONTRACTOR is
responsible.
4,5?: CONl'1L1f1'OR shall inuntdiotely: (ostopall
Worl+-ill conneclionl iIII such havurdousumdi(ion Find
in-nny-ur vr-n(hadee6th¢rehy (excerl-in tin-energefwy
us-requirub-by=pumgmplr-!e: ; Erin-(ii}nobly
(-?lV?JliR-:uxl-GN ,INI"sGl:- (and --Iherenilar-vonf on
such notice in -writing). OWNISR-shall promptly
consult fvith-IiNGINEER concerning the necmily lix
OWNER to retains qualified ayvil to evaluate such
hmm�dcuus-¢onditiwf-or-hhk.,+:or� wtice-aa¢iierrii tiny:
CONTRACTOR shall nut be rcyuiradlu rexune A1'ork
inconnectionwith -such -hnmrdous condition or inany
such Ili¢;led-smell-until-altar-OL4NER-has-obtained
any required rennits related thereto and delivered to
CONTRACTURijx ill-writual floean:- (I)specifying
flint -such-Wmilliou- and "Raw -alleolecl area -is -or has -Ivan
randza«L--safe-fir-Ilia-rtsunplion--of--Wolfs Wit!
(ii-)slxe{fyin� any-nlxeiul-conditions underr which -such
Work--nuo-be-...rsrmed-vdilv,--N="-OW \q%R---and
CON 'I'RA6'anliletainit In of
i ha-onuwnl-mr-extant-n€-no--adj usnuenk-i t-ony--i n
Conn+tot-Pr-ice-or (-,ontnicl- rinxtis its, n-result-of such
Work stoppage or -such -slxcial"condiliors-undor which
Milk- -is-agreed-ly-C(3N:I RAC=�I ws laaIfl:
either -rainy fully make a court therefor as provided -in
Articles-I-l-ntxl-P2-
4a-%"If near-niceipl-of-such-speciar wi aten-notice
CON'VRAM OR does -not agree to rumma well work
lmsedwraa-rhea<ahabh-tvlitFit-is-unso{'ar-at-dens-rent
agree- to-ramsm«-such--Work-unflaP-sudlt-.clxofnl
conditiorn thvt-OWNER cony -order -such fortion-of
the-Work-tivit-is-if) connectionwith-such-hnmrdou.s
umdition-or-in-such affected -area-to-Iw-deleted-crom
di,l-Work, If OWNI%,R-nm1-CONI RAC -TOR cannot
it rIS to enlillanlelll too[ the amoula a oRWntol fill
adjustment.-i f au+;-itrCe+nlrad-Priee of Conirn¢N=imes
,is it-result-ot-deleting-nuoh-portioo-of-the-wort:-theta
either fanny cony make I cdnim thuefor as provided in
Arld,I-N-and-I' (-)WNB{7_mny^hnva"wch-delewil
Ixxtion of the Work Ivrtimmed by OWNIU's own
ba ces or other ,' in uaordmhca with Articlz 7..
4:54 :Fe-tit--fu f lost-extent-ptrmiltel-lsy,._Lows-ford
Regulations;-OWNGR- shall indenmify and hold
Irtrtnlless CON1 RAC MR. Subconuncaus;
{rNGF`NP'FR, BNGI3NFkR'm- Consultants ---nm--the
officers, directors: employees. agents:- otlxr
cons lltnnt"; and subcontractors of each and any of
them front and against all cluints; costs, losses and
damages arising -out of or resulting final such
hanlydeuncondilionyawvi<I nl-tine-(i}eny-suolrelnim:
cost. leas or datiou e fs attribuitHe to Ixxlily injury;
sickness,-dis,.4lwor<leala: or-ktin,iury-{<+-r+rvdrslaaatien
of uingible, property- -(oth r-than-the--Work-il5clo:
Including the, loss of use resulting therefrom, :rod
(a)nothing in this sublxuagiaph 4.5.4 filial) obligate
OWNER io indenumly any forson or artily from and
ngfafast-the-eanaseryucmecw-c+l-flint-IxrxaVs-or entity's
own neghgcnee.
4-5Ia- -File yxovieions«Flxaurgnphs-4 foal-A:3-tile
not -intended Ne-slrynl)-to-Ashestns; i IeBs-Petroleum;
Buanr(kxrn-Wudto-or-Rudiwa siv,i 'Auteeial-uneovemi
or re, ealed-art-tho sa I
EJCDC(jI:M;RAI CONL)I'IIOM1S 1910$(1990 editieii)
av; ('ill' Of FUR I COLLI NS VIOIJII9CA't IONS IRIN IRaOra
AR'L'icu., 5--BONDS AND INSURANCE
Performance, Hgmrenr and Other Bondi:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each u) an amount at e9sl eqund to the
Contract Price as security for the faithful pufonnanw and
Ixlymenl of all CON 'rRACTOR,s obligations under file
Contract Documonts, These Bonds shall rennin in effect
at least until one year after the dale when Gnat paynunl
hdWales title, except as providrd otherwise by Laws or
Regulations or by the Contract Dmununts.
CON1 RAC 'OR shall also lurnish such other Bonds as
are required by the SuppIcirenlaryConditions. All Bonds
shall be in the Conn prescribed by the Contract DOQUIUMus-
escept as provided otherwise by Laws or Regulations and
shall be eNarted by such sweues us are named in the
current list of "Corollaries Bolding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" es published in
(:ocular.570 (amender) by the Audit Stall, Bun.:m of
Government Financial Opernions, US, freasup•
Depnnnnmt. All Rands signed by in agent must he
accompanied by n ecailied silly ol'sueh agent's authority,
to act
i3. If the %110% on any Bond lit JuSl1C(1 by
CONTRACTOR is declared a bankrupt or heconws
insolvent or as right to do business is terminated in may
sfitle where any pert of the Project is located or it censcs In
meet the requirements or paragraph i.), CONTRACTOR
shall within tell clays therealler substitute another Rend
and suroty, Nall orwhizh nnsl be acceptable a) OWNER.
5.3. Licenx'ed Surausv mu( ljimuerr; Cerrifitnres of
Insru"ance:
5 3-1. All Bonds and issuance required by the
Contract Documents to lv. purchawcl cold nwintmned
by OWNER or CON '1'RAC FOR shall Ix obtained
from surely or insolence amlp swi; (list are duly
licensed or authorised in the jurisdiction in which the
Projecl is limed to issue, Bonds or insurance policies
lur the limits and coverages so requited. Such surety
and insurance companies .shall also meet such
additional requirements and quatilcalons its may be
provided in the Supplementary Conditions,
532 CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions. certificates or insurance
(and other evidence of insuance requested by
OWNER or any other additional insured) which
C(.)NrRAC'I OR is'required to purehax;and maintain
in accordance wuii pnrliouph 5A, O\NNBR shall
deliver-lo-"6'ONf-R:4811E)R;-uvilh-ucy3ies-tat-en¢h
additional iluued identified in the Supplemonlaq•
FSanxlitions;--cer+i bent rA:-oE-instnnrwe--(mxl-other
eNidence-of-insuronee yuuted by <. ('bti=GR:AC=TOR
w=any-other- additional -insured)
whieh{_)W lift -is
rcqu i red to-pu rchm se-and"maintain in-necordmwe-with
p rographs S-Ca"and -.>-7-Mere.4
COMM, ICTOR'n Liabili(p Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Won$
Iwing lxrformed find furnished and as will provide
prowdion from claims set forth below which may arise out
of or result front CONTRAC'I'OR's performance and
furnishing of the Work and CoN'rRACfOI2's other
oblig:alions' under tht Conlr;mt Documents, ehdhcr d is to
lie performed or furnished by CONMACPOR, tiny
Subcontractor or Supplier, or by anyone directly or
mill rectIy em1)loved by any of them to lxrform or (itmish
any of the Work, or by aaryone for whose acts any or them
may, be liable
5A.1. claims Linda] workers' canlx•nsadion, l ivrbility
Ixnclils end other similar empinya: bnneGl acts;
5,42 clans for damages heeatKC of bO(bl) injwy,
oeculrmional sickness or di suns or death of
CONI' RAC'fOR'.s employees;
5.43. claims Ihr damages Immure of hrxlily Injury,
sickness or disease, or death of any lwrson other than
CON"112ACfOR's employees;
i.4.4. claims ka damages instatedbyctwtommy
fxrscnal-injeap- liability -coinage-which ale- usaine(i:
(i) by-ally.-lvrsen-ns-a lasult-al= all -ollew-dlreatly-as
indirectly-ralaled to- ilia employmont-ref such -person by
CONTRA( IFOR, -or-(it)-by-any-other -parson -for--tiny
caller reason;
5.43, claims for damages, other than to the Work
itself because of injury to or destruction of mnL.ible
prolxny wherever kxatcd, including lass of use
resulting thatch ant and
5A6. claims liar damages lwrtuse ol'bodily injury or
death of any person or prolxny danmgc m'ising out of
the ownership, maintenance or use of troy Inotor
Vehicle.
The policies or insurance_so required by this pmagaaph i;I
to Ix purchased art(( maintained situ lit
5,43. with resect to insurance required by
Inanagraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional ittsurak (subject to any
cu:uonaly axclLiaion in rasper:t of professional
liability), OWNER. BNG INEP.R. ENOINEEIs
Oonsuhanls o-md any Daher paeans or cmiiics identified
in the Supplealentap Conditions all of whom filial] be
listed as additional insureds, and include coverage for
We respective officers and cnlp]ovees of all such
additional insureds;
S.T.S. mcludo the slxcific cuvcrntgcs and be written
for nut Tess than the limits of liability provided in the
Supptementay Cundilinns or regained by I.sws or
Regulations, whichever isgreater,
S49 include completed olxrndons insumnre:
tiJCIJC(ai NlGlt.\L GONI?I'11055 Ina Ills I I'11V 8diticvp
%o f l'I Y OF FO1Cl' COLi.i VS VIOpi FICA IlORS {IfIiV 42or1V1
5.4J0. include eontracJunl liability insurance.
covering CONTRACTOI's indemnity obligations
under paragraphs 6,1 _, 6.16 and 6.31 through 633;
5.4.11, contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
Changed or 1allows I rah red until al least Ihilly days'
prior written notice has been given to OWNER and
CON -IRACFOR and to each other nddilienal insum(I
Identified in the Supplomenuuy Conditions to whom
it certificate of insurance has lien issued (and the
ceati ticats of insurance fumished by the
('ON I RAC'I'OR pursuant to liar agaaph 5.3.3 Will so
provide){
5.4.11. Ocinain in effect at laid until final lyapmenl
and at ;ill limes thereafter when CON 'I'RAC 'I OR my
be correcting, removing or replacing 1e1ifc1he Work
in accordance tvidn Ival'agraph 13.13; rmd
i 41.3. Leith respect to completed oierruions
insunmce, and any insuance coverage written fin a
chants -made basis, remain in tllect for at least two
years after final payment (:and CON RAC fOR shall
funtish OWNER and each other additional insured
identified in the Supplemental, Conditions to whom
a certificate of insurance has Ivan issued evidence
waisfaday to OWNER and any such additional
insured of continuation or such insurance at final
payment and one year lhoreadar).
p1VN1':I2'sl inbifltj. brsurance:
53. In addition to insurance regained a) he provided
by CON RAC'I'OR nodal fationaph 5,4. OtVNER, at
(5WNk1R's option, may purchase and maintain :at
OWNGR's expense OWNER's own liability insurance as
will protect OWNER agminst claims which may nrisc front
"Im tions under the Contract Documents,
Proper]!, Insurance:
5,6, (finless otherwiu, provided in the Supplenle nuiv
. Conditions, OWNER shall purchase and maintain
prolxny- insurance -ullon tile Work urn-lhesile-irethe-:unounl
of tine full-rplactnwnt-eostL thereof (subject to suds
deductible anmunts is may ix provided in - the
Supplementary C'oniilions or req uircd by Lows and
Regulations). fins ituumna shall:
5.6.1- include the interests of OWNER.
FNi GINL,ER's-('onsultufits-and-any When-Ixrwns-or
entities iderailied-in the Supplementnry Conditions,
each orwhont is detncd to havram insuruble interest
and shall Ix (idol ns un insured Vr additional lmmn ed;
5.6.1; the eridemon it Buildeis Risk "till risk" or
open-periDior- slaeuial-wmszs-of-Io%liolicy-hum- ihat
she I ktH-Icasi-.inahmle-insuuuwo-for{ylrysirat I -less -or
elanage to the\Vo'krtemlxrary-buildings-lvIsewo'k
and -Work -al WinsibaInd- shall -insure-agoinsb-rot-1t51s1
the --Rol lowing--peoilc—lira--li�ttning—entencled
coverage' theft, Vandalism and malicious mischief
eenlxluak-uollup'a+;.._debris -removal, --demolition
oecaslonadi-Hy-enl'ore ainalt o(.I>nws-and-ii\gtdaki<nts:
water --damage-anal-such-taller -Ix:its- as --ill fly-ile
slxciIica Ily-lietuired by- tile -Supp(enwnnry Conditions.
5.6.3. 4WIlKIe axptnsts inalrred-in tilt repair or
replaeemlent of any insured properly (induding but not
limited--to)-facA--and-duages-of- vlginaarn-and
architects);
5.6.-.-oovCFIlltltarV1115-FII%le<p1llNltefll-Slt-Rv*d- fit tile site
or at another location that was egreM to {n Nvrn ing fly
0WNHR prior--to-lxing inesryunnad-in-pile-Work:
pxov idadkthatsued)-rem enn Is+lnd.u{u ipmonthnvbluau
included -in -en -Application for -Payment recoramendM
by-[aNUINGlil�urxl
+x0: IV maintained ill elleot-until-f[arl]- payment -is
made-unlers- rtbenvise-Agreed-to--in--wntinfi-hy
OWNER. (0N=I'RACIT01', mal-ENOIW-ER-with
thirty--davit-wrivan notice to-cuell other -additional
Illsuri4f tl3-\Yht9111-fl-vY9fI�UflLL'V11-IntiW(AflOuihAY-{IZ211
> 7:—OWNP'R-shall-purchase findynuinlun such ixail f
tact-Inndlinalj inser+lm>)-or-additional propx.ny-in,ananec
as nuq+ Ix; rcklinned by the Nuppimmenmry Conditions or
hewsnl%7--IFagulmionswhich -evilI-finalude tile -interests of
OWNI<.R;-1?(A MA(=170I2-SalxoantNexs- IsFv(il-'4JvlsR,
INI;IiR'sC onsultmasand anv.ather-luruos or entities
identified -fit -the-.9upplenlentnry Conditions; each of whoa
is-Oeenx"+dl fi)-hmafit -insunabl-Inanesinal shall lu-lintel-As
fin-insuredernd<litionra insured-
51'---.AIlih2-Iolicits.eF inwmnea{mad-dlt-wniticnesor
ofha=-avadenc>-thu2oF)-raquirc<I-to-Ix ;creams«I-read
mainloilled by OWNERillaccordnnee with lauagnlplus>.6
and i-a-will. contain -tnprertisiolr-c+r-endarsamenl-phut-the
coverage nhiNZkd-will not tv cancelled or mnlcrielly
<dxlnead or-ienew'nl Mused until at [cast Onaly flays prior
written notice has-been given to OWNER Ind
( ()Nl RAG'FGR: nail- ill .-rich-eticerackiiti\nlnF-iueured-lo
whont , cenificate of insurancehasbeen issued and Will
contain waiver provisinlls in accordance with
Innlgraph 571-1-
9. OWNER shall act Ix.reslonsible. fix purchasing
and maintain h)g any property insurance to protect life
interests of CON'fRACfOR, Subcontractors of others in
tile, -Work -fie} ihettllentOf.tiny -dedUC ible-Inanmts-thel-tad
idanlihed in tile- 1LIJ)plenlenlfi) Conditions. I1w risk of
losswithiltSeeln-idanuilJaddaduoiblonmount-oil W� lanai
b) CONTRAG I'OR. Sint;onefactor -or-o)thars suf fir in, tiny
such loss and it' tiny-(11 therm wishav prof erly alsuroneo
covefage within -tile limitsofsuch unlounls; rich nap,
purclmse and maintain it tit the pun:hawts own expert,
5.10. If CU11'I'RAG'I'OR raluests ml writing that otlaa
slneeiuI-insunln<:e-he-included in-Il; property -.insurance
lVficies-Jarovidxl-unda,-pxragraphs5.6-or ? i-OWNIdP
shall;-if--losvihlt--hnaudle-ouch-inxarawe. Ands -the -cost
dwreof- Will -b, ehnrga<I-to-007,I f RAC'7 OR fly -uill ropiue,
Chm)go.....Oi%i r nv=-Written-Amendment-.-.-Prior-.to
10 I1ICIJC GI>xLlt:vL CO{JUI'I'I O;ux l')10.tl f 1'J9p L'dili m)
vW CI'I'1' Or FUI<l" COLLI NS MOI>II'IC:A [IONS <R!,V iCaeU)
a)mintlrea+nlenl of the work of the .sic, OWNER Shull in
writing advise GONq R 1GI'Cal whether or n(A such other
ilsumnce+husbeen pracujeJIliv-9\v"'Mlr.
5:66---Wi iver ofRighlc.
5.11.1. OWNER and CONTRACTOR intend that till
IVhcies purchased it accordance with Ixungrnpls S.6
final -�.7_-will (.X-)N '.RA(_'r0IZ;
Hulwuntruclon, IiNG1NIaiR, ENUINI.E11 n
Consultantsamdolfolh v p2[sc+ns-or-arriilies-identified
in-film-Supplenitnturv-C-;unditioras-tea-lie- fisted -as
insureds or additional insureds in such policies and
Will plotido-7x unurj-cuvzr+l@a-for- all- kasws-and
Anlnnoo4enus<d by the -perils coveted theiel)v - All
SUCK-pk)IIC1245hfl11-al)Iltall}prt)V ISItN15-lo'IhralJZefllflt
in tile Wentolyxrylatnl-oC-any-less-or-dxnn w-tile
insureffiwill-haw.-fin rightc.ofrecover-y.ag lima ar y.of
the incureats-err--raidrain+nl--ilvsurceLv-thaecunder:
(AIN IF--and-<-;HNIrFI:A(:rfF)K-waive--all-rights
ugainst each )they--and-their ; specti" officers;
directors-amlaloyeev-and agonts for all -Josses -and
dialaigei; eauXYL-hy�-Hnsl leg -Oat -of rar-r2sultinif Tiioln
any -of- tile -pails-orweredl-by-such Iwlaaert and any
other tile Work', and;
in-addition,-\vnive all-yuulr -fights- against
Sulx;mntraoters, - t NC JN ikR J N6JN44flWs
Consultants find all other pelwns or entities identified
in- III,Supplemental coralilions-to--bt-listed-as
imstned,i-or additional-insure<Ls-untial such-Iloliaietefor
losses-aml-dnnn s-so-caused- .:Rona -of -the -above
waivers --shall extend. -to-- tile -rights-ihntany-.Jau'w
Fzkaml Im,-such wawei anti, have -lo-the-.prooecds-of
I unawe-held-by-(-)WN1%,R-ns-mister-or-other-wise
Ixlpnblo-Ulalerfifty policy re) issued.
NI Ill -addiflon, -(-) v.N. I; t waives --- fill lights.
nguilist CON FRAC MR Subefeatactors,
G\( fRJ: L.IZ—f \(I s1a51F's--consuh\mts-arld-Ihr.
officers, directors, employees mud agents of any or
then, ii+r;
.a IJ3.1--lassotut-t).l+usinrssinhatalNrelk-ie>s's
of use of other'- consequesainl Ilxs extending
lxyoral-inset physical loss or "anuge to
OWNER'S properiv--or the \York--caused-by.
arising oul of or reselling fPorn fife or other I'vi d,
whether or ❑ol inxure<I by OiNN'13R; an<I
511 12... etas or-dfunnSc tothe completed
proicct-<x-Ixlrt-thereof-eoused fly -arising -out ofor
rosulting from fire or otherinsured peril covered
by- tiny.._pr<npxrytinnunmcc-mni ntaintd-<n -the.
ctxnnp1�4u'<I-i>ro7oct-or-part-tlrreor by-.0W-N'Ia2
during---pxlrtial- uliliraien- pursuant It,
ImnaitHph 14.10, -filler Substantial Compltticn
purnennt to paragraph 14.5 or filter final Ixlyntent
lxusuant-lo Jnmgrald)-14-13,
Any-insunolcdeowring
any -Joss: Imago -or consedlUentiui- loss- ;atonal -to -in - ill is
INfHgrflph i:-FI-2-slnflll-eF)Ittflll}pl"i5vlslo s-to the et{ec'1-flan
nrlhe-evens-ofymyment-Or tiny -such -losv,-elxnmge-or
conssluenHnl-lass--Ill,--Insurers- will-hnve-no_righa of
lecovaly against (lily Of CON RA(A'OR, t3ulicon1c.tols:
liNcIbl3liR, 13NOINEER''s Consullanls-sod- tile. oNieery
directors; erllploycgs and agents of filly-urdwo;
Receipt ,ad, pplication ofLuvrmme Proceeds:
5.12. Any insured loss Muter the policies of insurance
required by pm'apiphs S6 and i3 will be adjusted wilh
OWNER and made payable to OMNIiR as lidueiury for the
insureds, Its their inleresls may appear, subject to Tile
reyuirealernS uC any applicable mortgage douse and of
paragraph S. 13. OWNER shall deposit in a pa serate
account any money so received, and shall distribute it in
accordance With such aDoernern as the Dallies ill interest
may rem:h. II no other special agreement is muilie t the
thirmged Wool shall Ix repaired Or replaced, the moneys.so
received applied on account theiw( and the Work and the
cost thereof covered by in appropriate Change Order or
Written Amen6nent.
5.13. OWKER. as fiduciary shall have I?ewer to adjust
and seals any loss With the insurers unless one Of thw
parties in interest shall object in writing within fifteen days
alter the oceumesn of loss to OWNr?It's exercise of this
pxixvcr. If such objection Ica made, OMNHR is fiduciary
shall make sdticnicnl Wilh the insurers in a ccoidance with
such agreanlent as the parties in inform may reach- I I no
such ag®clncnt among Life parties in interest is reached,
OWNER as fiduciary shall adjust and settle the lass with
col r stliels i I if l1 ' letuidreiAudi ring -hymn} pang --in
-give hand -for --the
prOperyxv{orm nnw.irsuOlx{ut ills.
Acceptance ofliondv cord In.nonuee; Option to Replace.
5.14, Ir either- lnny-(ON NPR of -6)N 1 RACTOR)
Uf'NIiR has any objection to the COMtlge afforded by Of
other Iprovisions of the Bonds or insurance inquired In be
purchased and nlainmincd by the other- fany
CON'1RACI OR at accordance witli Anicic i on the. Lvlsis
of non-mitormmnca with the Contract Documents. the
Objecting pwrtyshall so notify the other Ixu4, OWNER twill
nonly CON 'r12AC:rOR in writing within ten hhcen days
alter receipt dohilmy of the Certificates (Of other evidelL
requested) to OWNI R as inquired by pnnlgaph 1T
OWNER and-( ONI'RAUFOR-shill--each provide to file
other such addilional intonualion in respect of..insuranc.e.
provided as the other nary ranconanly request It either
Isaly doers not purchase or main sin all Of the Bonds- and
inaanance lelluned of such finny by the Contact
Documents. such party shall notitj -the -other -paq in
writing of such allow to purdras. prior to the shirt of the
-Week-Or of-suoh4hilureto maintain -prior-to -any change -in
tilt' required -covemgu:-W'-ithout-prejudiceto- tiny -(Alm rija
or remedy, the odieryvuty nary electof obtain equivalent
Bonds Or insurance to pwlwt such other palsy's inkrests at
tile. agiense, of the fairly who was required to provide such
coverage;-mxl-a-6Lhlable Order-shag-hctissectl-to cellost-the
Contract Price awonhogly.
Partial Utiliuuimr••Proputy Lcmrcarce:
6.15, If OWNHR finds it leQMsary to OCclipy or use if
liortion or lxirtions of file Work print to Sulxumtial
IWIX G1 NERAI, COM)l 110M' 1911) .S (1990 aNf loot
11, CI'1 Y OF FORT I (11JAM p101011 ICA J 10M (RLya/200a)
Completion of all the Mork, such use or occupancy rally
he aceomplisheft in accordance wish paragnlph 14.19,
provided that no such use or Occupancy shall commence
Ixforo the insurers providing the proNity, insurance have
acknowledged notice thereof mad in writing effeceQ any
changes in coverage necessitated thereby. 'fhe insurers
providing the profOrty insurance shall consent by
endoviement mil the bolicy or Ixolmes. but the property
insurance shall not be cancelled or permitted to lapse on
account of ;my such paulial use or mealmncy,
;\B' 104 6-C ON'1'RAC'IOR'S
RE'SPONSI I4ILl'rlis
Supervision nod Sapertlruendence:
(i.l. CON'I'RAC'IOR still[ sulurvisc, inslrcct and
direct the Work contpelenlly find efficiently_ elevoting
such attention thereto and npphying such skills :cod
exlicrtise as may be necescvly to perinrnl the Work in
accordance with the Contract Documents -
CUP I KACTOR shall he solely reslionsible for the moans,
methods, techniques, soquenucs and prcleedums tit
consinmlion, hilt ('ON'I RAC1'OR shall not Ica responsible.
Ihr the negligence of others in the cicsign or slxciGealion
of it sliecitic means, method, technique, sequence or
proadur of t'OIISllllci lean if la Ch IS Shoten or nlllealeft In
and e.Npre:.shy required by the Contract DIerllterts,
CON RAC'IVR Shell be resppnsiblc to see that the
completed Work complies accurately with the Contract
Documents.
C,2, (CONTjI ACTOR shall keep on the Work at all
times during its pn)gress a conflxaent resident
super unenflon, who shall not be replaced without written
notice- to OWNER and GNGINn1ER except under
extrooidinary ciresansti nets_ 'fhe sufmintendent will be
CONTRACTOR'S ropresentauve at the Site and >Ilall have.
authority to act On behalf of CONTRArr012, All
communications to lif• superintenlent shall he as binding
as if given to C'ON'f RACTOf2.
Labor. Haterials and L•'quipmenh
6.3. CONTRACT(>R shall provide aanlvent,
suitably qualified perwnnd to survey, lay out and
caustnlct the \Noik as nNuuctl by the Contract
Dmiments CON'PRACI'OR shall al all times maintain
_sod discipline and order at the silt. Gxcq t as otherwise
requital for the safely or protection of 1xi suns or the
Work or property at the site or adjacent thereto. and
except as othenviw indicated in the Contract Documen(s,
all Work al the site shall be performed during regular
working hours and CON'I RACPOR will not Iennil
Overtime work or the perrnnnance of Work on 3aturclay,
Sunday or any le6al Wilda) without OWNGR's- vViawn
consent given afterprior carillon notice. to ENGTNIEU
r ;ON fU R l o[2_shtlll udnul f9qucsls to ll7s.,C \?(iJ_\blot
nn Icss Than 48 hours in advance of any Work to be
f'erk. e l On Saurzdan none iv I Iyhd � s or outsid _ the
R,"u Ifir Work ing_I lours.
6.4, Unless otherwise slwcilied in the General
Requirements, CON'f RAcToR shall furnish end asamne
lull fesponsibility for all materials, equipment, Libor,
lranslxmatiom construction equipmenl and ntachinerv,
tools, appliances, RICL iwwer, light. heat, lelelrlxme, water,
Vmrilary Facilities, temporary facilities and all other
CiLCilit leS and ine 1LleFit lds necessary for the famishing,
performance, testutg, slit -up maul amq>Iet1('11 of the bvork.
64,1 Turd sm_ .Remrichoni CON I h4cIOR
mu.t cont,gll rdnh the. City pur<hlisirng_r stnUion;_ A
w1iYo[the r S olutiVils are available .tin rcL I<n In the
__. _ --
ollica'^, of lire I'Ll-r-ChosPlIZand Risk Taana�emen[
Diyisiort u5 Elie CILw Clerk's ell= - - _ - -
6 4 2 Ccmmnt Restrictions Cityof ore Collins
Resolution of 1 1 regginS tin Ski l+phis uldpiodt
Of cement or products" rgnt llnup c _7ngnt to c nap drat
the willeill was not made In cement kilns that bum
h3nr<Ipgs}yacle(iga (ugl,
6 S, All materials and equipment shall be of goal
quality and taw, aecopt as otherwise provided in the
Contract Uocmneols. NI warranties and auerllntuu
slVeifically called for by the Specifications shall espr<ssly
run to the Imnofit of OFVNGI2. 11 equiied by I NNGINbER,
CONI'R ACTOR shall famish salisfaciory evidence
(including relxnas of required tests) as to the kind and
quality of 111MCIials and ryuipnnnt. All nvrterials awl
equipment shall IV applied, installed, connected, clneted,
used, cleaned and conditioned in accordance. with
instivctions of the applicable Supplier, MCI)t as olhenvise
ploy id,ld in the Contrast Documents
Progress Schedule:
ob- CON'I RAC'I OR shall adrcl'c to the progress
schedule established in accordance with lmmu9ph29 as it
nay be, adjusted from time to tittle as prov fled below_
6.6.1. CONFRA(JOR shall submit to ENGIAk2R
fix aecephmce (to the extent indicated in
llimemph 29) proposed adjustments in the progress
schedule that will not change the Contract 'Times (or
Milestones). Such adjusimenis will Conform generally
to tire, progress schedulo then in ollecl and additionally
will comply with any provisions of the Gcncral
Requirements applicabe; thereto.
6.6.3. Proposed) tdpistmonis m the progiess schedule
that will change the Contract T mes (or Milesoncs)
shall be subnlitLed in accolxl:uteo with the requirements
Of paragraph 12.1. Such adjushn<nts may only Ix;
nmde by it Change Order or Written Anxndlment in
accordhmce with Article 12
6.7. Sabat(lulesand "Or -Equal" Items:,
6-7.1. Whenever ;m item of material or aplipnnmt is
slweificd or described in the Contract Doeumems, by
using the name of a proprietary item or the name of a
Inrticular Supplier, the slwcifiction or description is
uacaxlcd to establish the type, function and gmdity
rcqu irod. I;nlev file spacificntion or description
ti,ICUGdifNliit:ll, CONDI"I IOhS 1910.5119'la lidiiini)
I° nv clTv fir rotd'r COLLI':h biUUlPfQ:Arft)Na(RLVInu00)
contains or is Inllmved by words icadling that no like.
equivalent or "or -equal" item or no substitution is
lwrmitted. other items of material OICquipnrent Or
nmtei ial or equipment of other Suppliers fitly be
accepted by ENGNEER under the lihllawing
c.ircumstancas'.
63A 1, fir -Equal If in ENGINFEWs sole
discretion an will of msteritd or equipment
prolxncd by (AN'I RAC'I'OR is functionally
equal to Ihnt named nnJ sulfiuiently similar so Ihet
no chanuo in rchdal Work will be r quirtd, it may
be considered by kN(;1NI,,FR as an "or-equihl"
item, in which case review and approval of the
proposed item tray, in HN(ANFFR's :ale
discretion, he accomplished without compliance
with soma err all of the rcquironlells for
acecpamsc of proposal substiurle items.
6.7.12, Sulslilu(ehems: Ifin LNGINEEhssole
discretion fin itell) of maerial or ttluipnrenl
iwixmcdl by CONarRACFOR dews not qualify as
an "or -equal" ham under suhparngroph 0 7.1.1, it
will ho consiLeled o prnpasad substitute item.
CON 'I'RAC'I'OR shill submit sufficient
information as provided bdOw to allow
I?NGININFR to dctcmline that the I1e111 of nmtomd
or equipment propescd is essentially equivalent to
that omit d aual an acceptable substituu therelbr.
The prouduic fix ieview by the ENGINEER will
include the hollowing as supplrntented in the
General Requirements and is ENGIM11IR may
decide is appropriate under the circumstances.
Re(luests for review of proposed substitute, hems
of material or equipment will not Ix; accepted by
ENGINEER fhmr anyone other Ihnn
COIV'f12A,CTOR. it CON "I'RACFOR wishes to
Iilrnish or use a substitute item of nreta'isl or
equipmenl, CONIRACiOR shtdl first make
written application to ENGINEER for acc pumco
thereof, certifying that the propoxd sutVitilute will
lscrttorm adequately the functions and achieve the
results called for by the general design, Ix Similar
in substance to that'IV died and lw suited to the.
emu List os that apecilicd. 'fire ,y>plicalirnh will
sate the extent, if any, to which the ea•aluali(m
Mid accopaurz:e. of the. prolxuxl substitute will
prejudice CONTRACT ORIs echie.vement of
Substantial Compldion on link, whether or not
acceptan« of the substitute for use. in Elie. Work
will requno a chango in lily of the Contract
Documents (or in the provisions of any other
direct contract wall OWNER for work on the
Protect) to adapt the design to the prollowd
SLlbstilule and whether or not incorlx)rition OF use
of the substiuto in connection with the Work is
subject to payment of any license fee or royalty.
All vannliorss of the proposed substitute Itom that
speeirwdi will be idenGfrod in die application and
available nminlemmwe. repair ;lid icphacenienl
Service will be indicated. The application will
also contain an itemized) estimate of all costs or
credits that will result directly or indirectly from
acceptance of such subslituw. including acts of
redes72n and claims of other cwntmctors nifeced
by the lesrtling change, all of which Will be
than
CONTRA-(L'OR sl)rll pettorra not less_. than3o
considered by ENC INFER in evaluating the
Ixrcent of the Work Willi its own forces is,
proposed suls;(itute. GIGINEER MW require
llitho_ul subecglt[IOAlnyl The 2n lxrC nt reclireyitu
CON f RAC K)R it, famish additional (fain al out
Shall he understocxI Io rclCr to the Work" (lie A'allle. (_11_
tile prop(sal substitute.
ghwh 70l ds not I xs Ili m Uyxrunt of the (7onlryct
Ihice.
6.7.1.3. CUN'IRA('TGR:r li:cpe'nse: All ckdu to be
.....-....-.
Ixovided by CONI'I'tLAC:fOR in saplxslt of uny
6X2, If the Supplementary Conditions Biyls!
proNsed "ortiqual" or substitute ilea Will be at
Documents require the identity of c slain
CON I RACfORs"Imeo.
Suba)nliaclors, Su)pliers or other persons or
organizldions (inclu(�ing those who arc to furnish the.
622. Substitute CO)u'0sefiOn Methods nr
principal items of InaMinls or equipment) to Ix
/`1'(ket/iacw: If a s(x'Alhe merim, jeelthod, tCclanigUC,
submitted to OWNI.R Ill AdvAnce of the sivelfied
SelhMllce or pi medurC OI constluchon Is shown W
duw pi tot to the Gflective Date of the AgicQiaent for
Indicated in Ind expressly required by the collll'act
acuplallee by O%NISR and ISNiilNhltR-and—Il
I Xxtinlnit_q CON 'IRAC 'I'OR may furnish or utilize a
iubinitted—a-list —thereof—ill
Sllbstiolte Means, IIICUIML lltihltlthle, WkIU 1WC Or
a"of'da1WC—\Vldl—tile upplelllental'}'—CorldItiolm--
pra:edure of amstreetion aaq)ulbl(l 10 ;NGl Nji1SR.
O\AINIiRc or ENGINHER's acceptant; (either in
CONTRACTOR shall submit sullici sit inlurmalion to
writing or by failing w make written objediun thereto
allow 1,NGi NITER, in kNGIMillk's .sole olia lcuon, to
by the date indicated I•or acceptance or objection in
detemlinc that the sulxtitule prodx)sed is equivilimt to
the bidding documents or the Contract Docunlults) of
that expressly called for by the Contract Doclunents
ally -such SelwonlroeloFSupplicr-or-other--person Or
]lie procedure lilt review by bNGINI;HR Will Ix
onnnxtilioNr-sea-idenuiHzol-may-Ix-revoked--on-the
similar to that proeide(I in subparagraph 6.7A.2.
lards -of- reasonable -objw;lion-atler-due-Investigation,
Ill —which - ase—(:O V-I-RA(i-I�Qti—i 1a11—titl INiHb_gllt
6 7.3, Fngiuter:x l?rar/uatiam EN IN E'ER Will be
aeeepluhk-:;ubrlitule,—thCe-ollfin et -Price -will --he
allowed s reasonable little, within which to evaluate
ndlustad-by-Ih,e-di(lcrtn(re-in- tile -eo m occasion A-hy
each proposal or submittal made pul'sum t to
such substitution and au) appopriale Change Ordel'
paragrnplis6.7.1.2 and6.7.2. ENGINEER will bethe
\vilf-bz-issual-or-lk`rinan-Alnendnlant-siylz(6 Will
sole judge, of acceplabi lily. No 01 equal" or
wilsititute a condition of the Connact I'cquainq; the
substitute will ho ordered, installed nr utilized without
use of the named aubttmtractols alip)ili rs_Or other
{NGINI ERs ja for written a0ceptance clinch will be
IT.I S(1115 11Y OYg:1111Mt1011 all�rh t\ord. unfeC4_ prio 1:
evidelcel by either It Changc Older are all appl'oved
w'IIII it a povalis obtained both OWNER and
Shop Drmvinll. OWNER may require
IiN'GINFER. No acceptance by OWNIiR or
CON"I"RA(JOR to tannish at CON'I'RAC.I OR's
FNGfNlq R of uny such Sudxxuanlctol, Supplier of
eximise a slxcial pedinnlmlce guamnlee or other
odler Ixrson or organization shall constitute a waiver
sorty with I'eslwcl In :nly "or -equal" or substitute
of ally right of OWNER or liNGINlikR to reject
ENGINEER will record lime required by
d(y3cfnv Work.
WGINUR and ENGINiGER's Comuhanls in
CvalumlllQ substitutes pl'opowd Or submilled by
6y`9.
CON rm m.: roi2 pursuant to lnn'ngraphs 6.7.1.2 amd
622 and in making changes in the Contract
69.1. CONTRACTOR shall IV fully rsslxmsible to
Documents (or in the In of any other Direct
OWNER and IINGINEER for all ads and omissions
cons et with OWNER lix woe: on the "cleA)
of the Subcontractors, Suppdicls and other lxrsons
occasioned thereby. Whelhcr or not ENGINEER
and orgoIli nl ions lxrlonn ing or limlishing any of tile
oev4jas a substrate item .so prolx)sOd 01xublailted by
Work under it (IINd or indirect col11MCI with
CONTRACTOR, CONTRACTOR shah rcimbursc
(Y)NM RAC'TOR just as CONfRAC'fOR is
OWNER for the charges of ENGINEER. and
responsible for CJONTRACTOR's own acts and
ENGINEER'S Consuilanls Car evaluating each such
Omissions. Nothing in the Contract Documents shall
piopwscd substitute item
crente col the Ixnclit of any such Subcontractor,
Supplicr or other person or orgumution any
68. C0o( ?71iIlg Subcontmelors, Supplims and
continental rolationship bol\\ven OWNFR or
O(herx
ENGINEER and any such Subcontractor. Supplicr or
Otter person or notanizatioq nor shall it Create any
C.S L CON'1'12AC'I'OR shall not unploy any
obligation on the pan of OWMIR or ENGINEER to
Sulx:onlraclor, Supplicr or other ixlson or orgunimdon
Inp' or to see to the payment of any moneys due any
(including lh(>_v: acceptable to OAA'NER and
such Sudx:ontnmtor, Supplicr or other person Or
ENGINEER as indicated in parayaph 6.S.2), Whether
organization except as may otherwise be rc(Juiru(I by
inniall)' or its a subsli¢ac, ;Iglinst whom OWNER or
Laws and Regulations OkVNER o I ENGINEER R IL_Iv
ENGINEER may have reasonable Objection,
fillnnh to any %sulxonlra<luit, s upphvr or Other person
CONTRACTOR shall not le, required to employ tiny
pre 0 L, mvallon Cv ululkk ._ol all unts paid to
Subcontractor, Supplier or other lxlson or onpnlralion
CO N I I AMfOR in _ accordance. with
to furnish or perfbrn any of the Woe: against whom
ON IIli ACfC)R) AuhCahots lore [ yment"_
CON RAM OR has Ieasonable Objection
EXI)COa�xERAI iZ NIA ]IONS 1910$11990 Edition
13
11 CYIYOtl FOKI'COLI,I NY VIOIa1196A1IONSIRI(V 1/2901p
6.9.3. cx)N'rRAC'fOR shall be solely iesponsibe
for :a:heduling and coordinating the Work of
Suban4radors, Suppliers and other Ixrsons and
organim ions lierfunning or furnishing tiny of the
Work nutlet if (liroct of indirect contract with
CONTRACTOR. CON'I'RAC'I OR shall require all
Subcontractors, Suppliers find such other i ersons and
orgmantions Ixrionnmg or lin'nishing any of the
Work to communicate with the ENGINEER through
CON I1tAC I OR.
6.10. Thedivisions and sections of the Slxroificatiors and
the identifications of any Drawings shall not control
CONI'RAC fOR in dividing the Work tnnong
Sulxnnamclnrs or Suppliers or delineating the Work In he
Ixrfornaod by any sped tie trade.
6,11. All Work perfrmted for CON'I'RAC'I'OR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CON'I'RACI'OR and the
Subcontraclor or Supplier which s'Ixoifically binc6: the
Suh(nno.aftor or Supplier to the applicable terms and
conditions of the Conk^act Documents fol the Ixnc(it of
OWNER find FNGINRHIt. Whenever -nny-nuchmgreement
is-with-a-Subcswtrnotorrv"or"-Supplieryvht}-in-lisle<I-na-.nn
HulditionaI-dmimed-sin-ahf p olael y-insurancepainvided-in
Ivarngraphs-in--o_..- .-7, -Ito--mgrtlmcia -Ixl•1vema--the.
CONE RACI OR and the Sulxnntraetor )I Supplier will
eontaio-prav{sionslrharzb}•-tile -Subconf uetortar--Suppl ire'
way s all-rlyhty ns nlnsl--Olk+,lil2—C-Xd41kA(-;fr(Jld;
NC INI,I;R,-Is\(191s1l'S <onwltnnts-mid all after
nddifiotal-6surads-for-fill -losses-iflad dallnues- caused -by'
mismg-out of of resulting hula fin}-t of poi lseomi d by
such fxiliewsandan}°,xhcr-prc>faua} insurmaerapplienblrto
file Work: If the iasaNts on ally side Iwlicies require
szparate w•nivzrlot till to-besiorz l-by-any Sulrawtractor=ar
Rulalaliar-BONI=RA(-AYW-wirio ilin 04,illne:
Pnrea( Fees and Ro1'tdlie.+:'
6.12. CON'IlL\C'f012 shall pay all license Ras and
royfitics and assume all costs incident to the use in the
Ixafomaance of the \\'atk or the. IItem jxa f tton in the Work
of any invention, design, pnxess, product of device which
is the subject of patent rights or copyrights held by others_
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the.
Ifedimnunco of the Work and itto the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyl'iglus calling of the payment of any liceffise let of
royfflly to olhe.rs, the czistence of such rights shall be
disclosed by OWNER in the Contract Uocumanls. "ro the
fullest extant permitted by Lanes and Regulations
C ON I RACI'OR shall indenuufy and hold Iwnnless
OWNER, ENO INl ER, EN(71NI Flg2's Consultants and the
officers, directors, employees, agents and other consultants
of each full any of them from and against fill claims, costs,
lasses and damages arising out of or retuning front any
infringcmc-nt of patent rigllls or copyrghts- incident to the
use. in the. Iferfomvnn:e. of the \York or resulting liom the.
incorporation in the Work of any invention. design,
proceSS, pr(xlucl of device not .specified in the Clontfl Ct
Documents.
14 1I1CUC'c1�1.IL\LC'OVIa11101.S late"S(UJUt lilitva
vCNIM)l IOICI'(fOLl,tAS blWlftf,App }(ItIiV In9um
Penlua.:
6.13. Uness otherwise provided in the Supplementary
Conic ors, I ONTRACTOR s}fall ohmin and Imy for all
amsuuction permits and licenses. OWNER :;hall assist
CON "I k/W fOR, when necessary, in obtaining such
Ixnnito and license. C'ONa1'12:\C'1-OR shall Ixay all
,orommental charges cold inepection fees neeassary for
the prosecution of the Work, which fire applicable at the
time of opening of Bids, or, if thole are no Bids, on the
Eflecliro Date of the Agreement. CUM RAC I'OR shall
Imy all charges of utility owners for connections to the
W'ol'k, and OW'NI?I2 shall fay all dmrges of such utility
owners for capital costs related thcrcto such as plant
nweatafeal fees.
6.14. LamsanrlRegala(ious:
6.14.1. CONTRACTOR shell give fill notices and
comply with all Laws and Regulations applichhlc to
furnishing and performance of the Work. Except
where otherwise oxprmly required by, appliasble
I.aw•s and Regulations, neither OAYNER not
liN<IINEFIt shall be faaponsible for monitoring
CON'IRACTOR's compliance with any Laws or
Regulations,
6.14:2. If CONTRACl'OR perforins any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CON RAC fOR shall hcar
all chums, costs, Insws and damnges caused by,
arising out of or resulting Ihei dram; however, u shall
not be <.ON"IRAC.rOR's printmy reslxmsibility as
make certain than (lie Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall fiat relieve CONTRACTOR of
CON 'I RAC'I OR's obligations undo paargmph 3.3:2.
Caves
G.IS, CON'fRA(-fOR shall pay all .sales, consumer,
tut and other similar fescs o!+Iired In be Iruid by
CON fRACPOR in accordance with the Laws aml
Regulations of the place of the Project which me
applicabk doting the. Ixd'onnmaec. of the Work.
6.15 I O\ NIjR is c,umpt tiom C olora io State and
loot] s:lks.. and. use tau's. on materials lo, bo
Ixnnancntly incorNrated into the I rglcct. Jai([ lases
shall pot lx includtd in the Cast act Mice,
CONJR4CI'OR must apply lotand receive if Cyrhtcat of f xcmpuon from the Colorado
Qdnrlmenl of Ru nu for c96lah ucbon motet ills to
be physically jncorlionned into the. project. 'films
Cvrlif6tion7 of Exemption.. provides Alai life
CON' RACI OR f shall. neither pay nor include in his
13icL Sales and s la.xcs on those. building and
cmnstuylion nl3lcu als pin icayh} unoa1xffylcd Into
this, project.
Addless
Cok a ado Uarupuu of Revenue
"late. CaprtAl .\nnas
PROPOSAL GUIDELINES
Qualified contractors interested in the work described in this request should submit a minimum
of the following information to the City:
Describe in detail your firms approach to the project.
General information.
Name of firm, contact person for this proposal, title, phone number, fax number,
street and mailing addresses, any previous names of firm in last ten (10) years,
and date established.
List in detail current projects under construction and include owner's name,
contract price, percent complete, scheduled completion date and brief description
of the type of work.
Please provide a brief description about your company and/or its interest in
promoting environmental sustainability.
2. Key project staffing
Submit the following information:
• An organization chart of onsite project management with names
• An organizational chart of all management with names that will be involved in
the project including subcontractors
• Job descriptions of key positions (i.e., onsite supervisor, all personnel of
installation crew, others as appropriate)
• Resumes or work history of individuals proposed to fill these key positions
• Define who will negotiate (a) the master agreement (b) individual workorders
• Indicate the availability of all individuals proposed on this project
Please indicate your firms approach to staffing the entire project. Indicate pertinent work
experience of assigned personnel. Include references from owners for the last 3
projects for each assigned person and similar references for work on Electric Services
Undergrounding Programs (if not among last three projects). Indicate if key staff will be
assigned to manage the work for the duration of the contract.
3. General company resources.
Indicate the resources available for construction approach and methods, construction
sequencing and scheduling, equipment scheduling. Indicate location(s) if not based in
the office location listed in item 1 above. List all projects and contract amounts
completed by the firm in the past five years. Please address in detail the availability of
personnel and equipment to perform this work.
4. Project experience.
Provide brief summary of similar construction project work performed by the firm in the
last five (5) years. Highlight any participation by key staff proposed for this project.
Provide data on:
• Bid cost
• Cost at completion and number of change orders
Utility SA WO rev06/07
1375 Sherman Stj eel
Denver, Culgntclo, S(1^_(iI
tiers and Use lases for the Slane of Colorado,
Re-1 onal Irtmlxrrl}ltinn Unh tU {RID) nut w1{gin
Colorado Countle.s are collected Iry the Slate of
Colorado and art -included in the Certification of
G.Ncni nfon..
AII_gfiAic iblc roles and Isc Ia\C�5,(tlidti(Irn State
colt cte(I I n ] c anv nuns other thmi construction
o-m-1 building Er n n ads phi is ll u»pxn Ee I into (he
project arc to be Intrj by CON I RACTOR and are to
lz i11dutica i- 21IM)n n tc, bid itymx,
Use ofPremlvex:
6.16. CONTRACTOR shall canine construction
equipttxnl, the slorige of materials and cyuipnlent and the
operations of workers to the site and land and areas
identified in and permitted by the Conlrad Documents link[
other land and areas lunuitied by laws and Regulntions,
rights -of -way, lxrnnts and easements, and shall not
unreas(ambly onounrher the premises with construction
equipment or other materials Or equipment.
C ON'I'RACMIZ shall assume lidl reyanasibility for any
dantaga to any such and or area, or to the owner of
occupant Ihcrcof or of any adjacent land or areas, resulting
boot (lie twil'amtance of the Wort,:. Should any claim be
made by any such owner at occulxant because at' the
Ierfbmtance of Elio Work, CON'l PAC'] OR shall promptly
settle with such other party by negotiation or otherwise
to -solve file claim by it bitration or other dispute resolution
proceeding or at law. CON'I'R.AC'I'OR shall, to the fullest
extant peintitled by laws and Regulations, indeniniry and
hold harmless OWNER, HNCINI3TR, FNGINfRR'.s
Consultant and anyone dileedy at indirectly employed by
any of Ihcnl Ii'oin an(I against all Claims, costs, IMSCS mill
ikon ages arising out of or resulting Isom any claim or
action, Icgal or equilable, brought by any inert owner or
occupant against OWNER. FNGINFIiR or any other party
indeninifed hereunder to the extent caused by or based
ulwn of (]to Welk.
6,17. Innin?- the proD s br the Work. CON'fRACIOR
shall keep the promises line horn necumulations of waste
nt0ta'ials. Iarbbish and other debris t'esrdtiny t}oar the
Work. At file completion of (lie. Work CO\'I'RAC'1'OR
shall remove all waste materials, rubbish and debris from
and about Ihe premises as well as all look, appliances,
construction equipment and machinery and surplus
materials. CON'fRAC'I'OR shall Iaavo the site clear and
ready for occupancy by OWNER in Subsiamtixl
Completion of [lie Work- CONTRACTOR shall restore to
original condition all property not (designated for alteration
by file Contract Documents.
C>.I S. CONTRACTOR shall not land nor pcnnit any fart
of any aarrcfuro to le Itvtded in any manner that wili
endanger the simem e, not shall CONfRACITOR subject
any part of the Work or adjacent property to strcues at
pressures that will endanger it.
Revord Documents:
6.19. CON'IRA( I'OR shall maintain in a udc place at
the .silo one record copy of ail Drawings, Specili(xaions,
Addenda. Written .Anlen(hnonts. Change Orders, Work
CJmutge Dilcmivcs, Field orders and written
interpretations and clan Gctnions (issued pursuant to
lnragraph 9A) in good order and annotated to show all
changes made during atnsinlction. These record
decUniCnta togclher wail all apprtwad Samples and a
annterpart of all approved Shop Drawings will be
available to ENGINEER lot tufete ice Upon completion
of the Work, and.fr or to r I asc of final pavmore. those.
record docunionts, .Snmplcs and Shop Drawings will be
(to IIVerect to FNG I N IdsR for OWN IiR.
Rnfe(I' and Protecthm:
6.10. CONTRACTOR shall be isponsiblc Ibr
initiating, maintaining and supervising all safety
piceeunons and pragranis in connection with file Work.
CONTRAC"I'OR shall take all necessary precautions for
the safety of and shall provide the necessary protection to
prevent damage, injury or loss to'.
650.1. all lwrsons on the Work site ar who may no
affected by the Work',
6.'0 2 all the Work and materials and equipment to
IV incorporated therein, whether in storage on ar oil
the silo, and
6 _Nl3, other prolmly at the site or adjncent thereto,
including trees, shrubs, lawns, walks, pavemenls,
rtwdways, sit lcluI es, utilities all(] Underground
facilities not desiynatcd far ranoval, relocation or
wplaeemmnt in the course of construction.
CON '1'RAC"I'OR shall comply with all applicable taws
and Regulations of any public body' having lurisdidion roar
sickly of lxmors or prolvi-ty, or to protect inert from
dainige, injury or lass', and shill erect and mninmin all
necassay sndeguains lot such safety and protection.
CONTRACTOR shall nosily owners o1adjacent proleny
and of Cndogiound Facilities and utility owners when
prosecution of the Work may nflbet thane, and shall
wopermte with them in the protection, removal. relocation
and replacement of their prolerty. All danmge, injury or
loss to any property reigned to in jrrmgraplu U.2p? or
6^03 causal, directly or indlrewly, in whole or In putt, I,)),
CON'fRAC'TOR, any Subcontractor, Supplier or anv
other person or organization directly of mdncctly
employed by any of them to lierform or furnish any of the
Work or anyone for whose acts any of them may tee hablo,
shall he remedial by CUNT RA(I FOR (cscepl damage ur
loss aaribufabk to the fault of Drawings at Slxcificatioas
or to the acts or omissions of OWNER or INOfnIGCR or
FNGINEER's Consultant or anyone emlployed by any of
Iheni or :anyone for whose acts any of iham may IV liable.,
and not latributablc, directly or indirectly, in whole or in
part, to tho fault a negligence of CON'fRAC ION or any
Sultconlraclor, Supplier or other ilmon or orfgmiaanion
dirxtly or indirectly employed by any of them).
CON I RAC'I Ole S dntleS ;in(] renlxiIII bihties for the sdbty
and protection of the Work shall continue until such little
as all the Wca k is completed and 6NOINEPR has issued a
nJCIDCG1.NEirtA,C0NDI'11ONS 19105E AIii6iin U
"I III OFFORT WHAMMODII ICAPIONS(KEV IP-c)01
notice to OWNGR mid CONI'RACfI OR in accordance
wish paragraph 14. 13 That the Work is acceptable (except its
olhenvise expressly provided in connection with
3111"lantial Completion).
6.21. .Safety Represenmao¢
CON'FRAC I OR shall desipudc a qualified and
esperieriml safely repiesertalivo at the site whose duties
and responsibilifics Shull be the prorcnlion oCawidunls and
the maintaining and sulwrvising of sdoty precautions and
programs.
Hazard Communication Pragranrs.
622. CONTRACTOR shall he iesponsible for
coordinating any exchange oCnlaterial alloty data shear or
other har,+rd communication information required to he
made available to or exchanged between or among
employers at the site in accordance with Laays or
Regulations.
lirnergeucier:
023, In emergencies af'lecting the safety or protection of
Ix;mons of the Work nr property al Elio site er adplcenl
thercao, CON'fltAC MR. without slxoial instruction or
aulhori , tion from OWNR or IiNGINl FR, is obliga Tod to
act to prevent 011eatolled damage, injury or loss.
CONTRACTOR shall give h:Ne1IN197Z prompt written
notice. if COWRAC'IO)R believes that any signilleant
changes In the \4on'k Or Variations from the Contract
DocuntenG have boon caused thar'nbv_ If GNGINI36f2
determines That a chanae in the ("Onirnct Oocunents is
required because of the action Taken by CONTRACTOR in
reslxmse to such all emergency, a Work Chmhgo Directive
of Change Ordcr will be issued to document the
consequences of such action.
6.24. Stop Urnu•tir;smvl kruyrlar:
6.24.1. CONTRACTOR shall submit Shop Drawings
to GNGINF FR Cot review and approval in accordance
nvilh the accepted schedule of Shop Dravings and
S'antple submi ials (see paragraph 19). All submittals
will be identiliel ns GNGINBGR may require and in
the number of copies specified in the General
RequirenenN, The data shown o l the Shop Drawings
will be complete with respect to quantities,
dimensions, slxcihodl Ixrfolnnol" and design crucial,
ammcrials and similar data To show 13N(tIN6BR the
materials and equipment CON 'I'RACE O: propoxs to
provide and to enable RNGINB[R to review the
intoiniation for the limited purlxoxi ,quird by
paragraph 6.26
6.2•42. CON'fRAC fOR shall also submit Samples to
1-.N01NI3LR for review and approval in accordance
with said aceopkd schodude of Shop Drawings and
Sample submittals finch Sample will be identified
chary as to material, Suppliot pertinent data site)) as
cnaing nuns ems and the use for which intended and
otherwise as RN0INEF.R may mittiry to enable
FNGINFM To review the sulnnitlal for the limited
BWDCU NLItdL CONDI HONS Win 8 (111" Gdil mo
16 hv!(11 Y OF Fiat I COLIAM VIODIYI C:AI'IONS OUN 1/21100)
puglo.ws Iequ Tied by fat agrmph 6?6. The Oil mhevs
or tech Sample to be submitted will Ix as sNcafial in
tilt Specification.
6.25. Su6rni tal Pracedurer:
625.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have, deemtined and
verified:
6.25.1.1. fill Geld measr¢aroenla, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
❑milms and similar information with icslxc4
therent,
62.5.12 ell nralorials with Iospeul to untended
use, fahricialon, shipping, handling, storage,
rsawmbly zinc[ installation pertaining to the
lierrormance of the \Volk, and
6. 5. 1.3, all information relative to
CON1'I2AC'MWS sole responsibilities in reslxd
Of nimns, methods, techniques, aequances and
procedures of colulmction and safety precautions
and pl ognums incident thomto.
CONr"I'RAC'I'OR shall also have revicwad and
coordinated each Shop Drawing or Sample with other'
Shop Drawings and tramples and with the
requirements of the Work and the Contract
I hocul ents.
6.252. liach submiusl will [)car a stamp Or spccilie
written indication Ihnt CON'f iz m, rOR has xmisfmd
CONTRAC'fOR's obligations under the Contract
Dasumants with respect to CON'I RAM'OR's reViuv
and approval of Ibat alb latial.
6.253. AT the Time of each submission,
C0NI'RACI'012 shall give GNGINFIER specific.
written notice. of such variations, if any, that the Shop
Drawing or Sample submitted [lily have from the
rquirentmns of the C0111raet DOeanrData, Such notice
To Iv in a written communication separate from the
submittal; and, in addition, shall c'ausee it specific
notation to be made on each Shop Drawing and
Semple submittal to FNGINf{G12 for review and
approval or each such variation.
6M. CNMN1313R will review and approve Shop
Dr wings anal Samples- in aecordanco with the schedule of
Shop Drawings and Sample submittals accopted by
GNGINHER as requit'cl by paragraph 2.9. GNGINITRrs
review Sad approval will be only to datm'fit itie if llao items
covered by Ole submittals will, alter Installation or
incorporation m (lie Work, contonni to the inRtnn:aion
given in the Contract Documents and be compatible with
the design eonwpl oC the uontpleled pmjoct as a
I'unetioning whole as indicated by the Contract
DOCUOICnla. GNGINGBRs review and approval will not
extend to nlc ns, nlethodc, techniques, soquences or
proccdures of conslnVaion (except hvhcre it Inlricular
illems, medlod, Technique, sequence or procedure of
construction is sixcilically and exprossly called fior by the
Contract Doauucnls) or to safety, pn;caulions or pruguuns
incident thereto. "I'lie ra•iew and approval of a separate
item as such will not indicate approval of the asseunbb in
which the itein functions. CONTRACTOR shall nuiko
corrections iequirod by liNGINHM, and shall return the
required number of corseted copies of Shop Drawings and
submit as ritiluircd now Samples for review and approval.
CONTRACTOR shall direct slxcitic attention in writing to
revisions other than the corrections aalkcl for by
ENGINIiER on previous submittals
6�27. HNGINkHR's review and approval of Shop
Drawings or Samples shall not relieve CON'fR2AC'rOR
front responsihilily for any variation from the requirements
of the Contract Documents unless CON'I'RAC'IOR has in
wr'iling called LNOINFhR's- intention to c:roh such
variation at the lime of submission as required by
gxaagraph 6,25.3 and FMINEER has given written
approval of each such variation by a specific written
notation thereof incorronned in or accompanying the Shop
Dawing or Sninple approval) nor will any approval by
IiNOINIi1;R relieve CON 'I'RAC 'rOR It, responsibility
for complying with the requirements of Izragraph 625.1
628, Whele it Shop Drawing or 3antplc is acquired by
the Contract Documents or [lie schedule of Shop Drawing
and Sample submissions accepted by FN31Nh;ER as
required by peragrap112.9, cony related Wrnlc ixrronned
pnor to ENGINhIiR's review and approval of the Ixrtinenl
subntival will Iv at rho Sala esixnscmod reslwilsibility of
CONTRACTOR.
C attl naLig the IV'nrh:
6.29. CONTRACTOR .shall silly on the Work and
adhere to the progress ixthedule during all disputes or
divagrcamrnts with O\OniElt ]VO \Vorlahall Lx. delayed or
lxostponed Ixnding resolution of any disputes or
disagreements, except as Ixrntitted by Inmgraph 15.5 or ns
CriVRVEIt and C'ON'IRACrOR2 may olhenvlse. agree in
writine.
6.30. CONTI?, I CTOR's General IDnrrmah' and
(7anraatee:
6.30.LCON'rRACfOR warralls and gininlras to
OWNER, ENGINEER till(] ENGfNEER's Consultants
that all Work will be in accordance with the Contract
Dwunlents and will not Ix dyleclive.
CONTRAC'rOR's wmrmny and guartmtee hereunder
excludes detects or d;u itga caused by:
6_30.1.1. abuse modification or tilt paolxr
maintenance or of\�rnion by parsons Other than
CON'I RAC'OR, Subcontractors or Suppliers; or
6.30"1.2, nomad wear and ten under normal
usage.
6.30?. CONTRACTOR:s obligation to Ixrform and
complctc the Work in accordance with the Contract
Damnwnts shill be absolute. None of the following
will consinuto an acceptance of Work that i; not in
IitC'U@<iG6+1!ILV.00NUI'i Oh3191nE (19'➢) lS,utlan
wig'l y OP Polo WI,LrvS pH)UIPKLVt10N11It11V Alla0al
accorclmtce with the Contract Documents or a release
Of CONI'RACTOR's obligation to pedorn the Work
in sm rdarwo with the Contract Documents:
6.30.2.1. obacnadions by IiNIiINT>IiI2;
6.30.2.2. recommendation of any pt'ogress or
final royment by ENUINFER,
6,30.2.3. file issu:uuc of a curtiticmc of
Substantial Completion or any payment by
OWNER to CoNCRikcrOR under the Contract
I )ocwncnlst
6.30.^ 4_ use or <xouptincy Or the Work or any
pan thereof by 0WNIN ;
6302.i any acceptant by OWNlik or any
riolurc to do so;
13.30.2.0. any review and approval of it Sbup
Drawing or Sample submittal or the issuance of a
,'(,true of acceptability by 8N<PINJiJiR pm'amant
fo pal agrnph 14 13;
630.2, 7. any inspection, test or approval by
othcrsr or
630-',SS mry cmiection of de/ttctov Rork by
OWNINZ
Indeuuri)ication:
6.31. 'rO the fullest cxtun permitted by laws and
Rcgulmiona, CON'I RACTOR shall indcnmily told hold
hamdess OWNF,R, ENGINL"•lilt, GNGIM71Mtt
Consultants and the officers, dit'actors, employees, ,'gems
I other colmthmas of etteh and any of than root rod
against till chines, costs, loses and knomtes (including,
but not limited to, till Ices and charges M' engineers,
archaects, alannays and other prorssionals and all Court
or all?itration ur Olhar dispute reSilknion ecsls) caused by,
arising out of or resulting Win the pololnlance of the
Work, provided that any such claim, cost, loss or damage:
(i) is mli ibutable to hoclily injury, sickness, disease or
death, or to injuryto or destruction of mn11INC prolxny
(Other Iha,' the \Volk including the loss of use
resulting 11wrefiian, and (it) is caused in whole or i❑ part
by any negligent act or omission of CONTIt. ACTOR, any
3111oeoittractol', any Supplier, any r,cison or ogaaimation
directly or indirectly employed by any of them to Ixrform
or furnish any of the Work or anyone for whoa acts any
of Theo may be liable, regardless of whether or not caused
in part by any negligence or omission of a perum or entity
indemnified hereunder or whether liability is unrosxl
uIx?n such indemnified party by Laws and R2<guhnions
regardless of the negligence of any such Ixeson or entity.
6.32. In any and all claims against OWNER ur
GNU➢sTER or trey of their respeelivo uonsullsnls, agents,
Officers, directors or employees by tiny employee (or the
survivor or Ixu'sonal repieu:nmtive of such eamployce) of
C'ON"fRACT0R2, tiny Subernllracnc+r, any Supplier, any
Ix.rwn or orpri ation directly or indirectly amployed by
17
any of thonl to lerlooll or burnish any of the Work or
anyone far whose acts any of them nary be liable, the
indemnification obligation under paragrapholl shall not
IV limited in ally way fly any limitation on the amount or
tvix of dannaws. condensation or bmxLls payable by or
for CON I RAC'I'OR or any such Subcontractor, Supplier or
o0wr person or organization under workers' compensation
acts, disability Lwnatit actsor other employee benefit acts.
6.33, The Indemnification obligations of
CON'fRAC'TOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINFE s ConsullanlS.
officers, directors. employees or agents cnusxi by the
professional negligence, errors or onlisaious of any of Ihcnl-
Survival ofObligatiolm
654. All relaesentffiions i ndeani(ICatlalla, walTantieS
and guarantees made at. mloned by or given in accordetwo
with the contract Documents, as well as all wntinuin•p
obligations indicated in the Contract Documents, will
survive final fayment, completion and acceptance of the
Work and lamination or completion of the Agreement.
Ali'fICLI? 7--O'1'FII?R 14'ORI(
Related Work at .Site:
TI. OWNER may perform other Work related to the
Project at the site by OWNER's own forces, of let other
direct contracts therefor which shall contain General
Conditions similar to these, or have labelwork perlbnncd
by utility owners. It'tile tint that such other work is to Ix
Iwrfnnned was not noted in the Contract Iocuments, Iher,
(i) written notice flea eaC will be given to CONII'RAC'rOR
prior to .starhm_ any such other work and
(ii)CONIRAC1'0R may make a claim thoielbr as
provided in Articles I I and 12 if CO\ I RAC1'Ok lebevos
dart such performance will involve additional expense to
CON1 RACfOR or requ ies additional time and the pmUQs
are unable to agree as to the amount or event thel cof
22. CONTIZACTOR shill afford each other contractor
who is a party to such a duccl contract and each unloy
owner (and OWNER, if OWNER is performing the
additional Work With OWNhXs employees) proper and
&,le access to the site and a rasolmble, opportunity lift the
introduction and storage of materials and equiryuera and
the execution of such other work and shall properly connect
and owrdinale the Work with theirs Unless otherwise
provided in the Conlract Doeunalnts. COMRACTOIZ
shall do all cutting, filling and fetching, of the ld$rk that
may be required to make its Several parts- come togethca'
properly and anamotte with .such other work.
(:ON'FRACTOR shall not ent4mgcr any work of others by
eullulg, csavulinwo g w othenvisc :dlaine their rk and
will only cal or alter their work with the rvraten cnanau of
ENGINEER and the others whose work will be affected.
The duties and rosponsibi lilies of CON MAC "I'OR under
this lxinagraph are for the benefit of such utility owners and
other canu'rlmors to the extent that there arc amapmrahle.
li!C9>C GHIe81LVL CQVD177OM 1910 8 tl9a0 lalkiewl
IS ud Cl l'1'OFFOICr C'Otl.l,vS hiOUIPIC:yPIONS pUiV I12010a1
provisions for the. liewit of CONTRACTOR in said
direct contract; boov rat OWNER and such utility openers
and other contractors.
7.3. If the proler execution or FMIlts of any Idut of
CON'I'RACTOR's Work depends upon work performed
by others under this Article 7, CON 'I'PLAC'rOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such olhm' work that render it unavailable or wuuitable
for the proper culcution and results of CON 'rRAC'fOR's
Work. CON'I'RAC'fORs failure so to rgxlrt Will
constitute no acceptance of such other lvork as 6t and
proper fur integration with CONTRACTOR'S Work
.except for latent or nonnppnrent defects and dMIciencies
in such other Work.
Canrdlo Ilion:
T4. If O1VNP,R contracts with others for the
im fonnance of other work on the Project al the site, the
following will be set forth in Supplementary Conditions:
74.1. Um person, firm of coryoration who will have
nathority and responsibility for coordination of the
activities among the various prime contractors will be
idcnifie'h
7d2, lho specific matters to he nrveacd by such
authority and responsibility will be itetimed: and
7.4,1, the emmit of such authorize and
rasponsibililies wall lie provided.
Unless othurvise provided in the Kupplementary
Conditions, OWNER shall have sole authority, and
raslxmsibilit in eslxc( ol'such coodination.
ARTICLE &-OWNER'S RESPONS1III LITIES
S.i. Except as otherwise provided in these General
Conditions, OWNER shall issue all CommlunicaliOns to
CON I RAC'f OR dnough ENG INEER.
s.2. 11) case of temlinia ion of the enlploymelt of
IMANEIiR, OWNER shall appoint an engineer against
whom CON'I'RAC'TOR makes no reasonableobjection,
whose status under the Conlract Documents shall be that
Of the former ENGINFFER.
8.3 OWNER shall furnish the data required of
OWNFIZ under the Contract Documents fo nlptly and
shall make f ayments to CONTRA( AZ promptly when
they are due as prov iced in paraunlplvs 14.4 and 14, B.
S.J. OWNERS antics in reSleot of providing lands
and larwI11ents; and pl'ovnilaa' erlgincerlllg slRwOvs to
oslablish reference iwints are set forth in paragraphs 4.1
and 4.4- Paragraph 4.2 refers to OWNEIZ's identifying
and staking available to CON 'I'RACfOR copies of
relxuls of explonLLions- and lesul of subsurface conditions
at the site and drawinec of physical conditions in esistan,
structures at or cunt iguous to the site that have [veil utilized
by 13\G[NEI'll in preparing the Contract Documents.
xv--9LVNEWSresrx+nhibilrttcs-iItreslloct-elf putchasing
und-amintninin. -liability-and-p'olxrty-insurank ere set
forth in parngmphsS6 through 5;1 o.
SG- OWNER is obligatcxl to oxmic Change O der" as
indiurted in piragrvph 10.4.
U, ONNRNR's reslwnsibility in resIvcl of certain
inspections, tests and approvals is set forth in
fxragraph 1.3.4.
IS In connection with OWNFIWs note to stop Work or
SMf)Cnd Work, sce Ixtraynphs 13.IO and 15.1.
Paragraph 15.2 deals with ObVNEW:i right to tennimnt
services of CON'I'It.AC'fOR under certain circumstsmces-
8.9, '1'hc O%VNI R shall not suficivise, direct or have
control or authority over, nor be rexfxmsible for.
CON TRAC I OR's means, methods, techniques, seluenws
ar pnwedutes of conshtrction or file Sleety precautions and
programs incident thereto_ or fir any failure of
CON'I RACI OR to comply with I.sws and Regulations
applicable In the funtishfng or perf6unancc of the Milk,
O\NNHR will not he responsible for CONfRAC.1-01R's
failure to perfonn or Punish the Wo'k in awun9a ce with
the Contract Docunenss.
SIn -OWNER" responsibility -in- respect -of-rndiselosed
Astxetos;----P<;'13s---Petroleum-_-lanmrdous---W nstr--ex
Radhortctive Mom ials-uneov a eel-or-nwolded nt thesiteis
set -forth -in foragrap+h4-i;
x I 1 9 and-lo The- extent -OWNER -has-ngreal-to-fivaish
CON RAGFOR rausttnabla- HdLIMJ---tha--I mmlelal
allnugellients have been nude, to satisfy OWN6Rs
obligmlou-aunder—the-C-<vttruul-lJra;uments, OWNER'S
rerlxiimI>jIny in esIvet Iheraof will be as set forth illtiro
Supplementary Conditions;
ARTICLE 9-ENGINEEWS STATUS DURING
CONSI'RkTION
OILN772 r Reyresanrntire:
9.1, ENGINEER will be OWNER'S representative
during the construction Ix'ritxl. The dethee and
re.slior ibilitias and Iha limitations of authority of
1 NC INNER as OFVNER's teprc"ontative during
construction are .set forth in the Contract Documents and
shall not he extended wilhora written coluenl of OWNER
and HNGINC hR,
I'i.rih to Site:
9.2. ENGINGGR will make visits to the site at intervals
appropriate to the various stages of construction as
GNGINCLR dams nttxssary in older to observe as :m
eperience.d and qualified dompn prollesioml the progress
[1CDC GGNFRAL CONG1'It WS 1910-8 (Ip9a GJilian
yr/li'IY OF FOR IC OMA Ns MONFICAI'I ONS (11H V a80aa)
that has been made and the quality of the various asfxets
Of CONTRACITOR's executed Work- Based on
information obtained durittu_ "tell veils and obsu'vitlions.
I NGINEIFR will endeavor fur the belief![ of OAANFR to
determine, in general, if the Work, is proceeding in
uecordanec with the Contract Documents HNGINHIiR
will not be required to make exhaustive nr continuous on-
Sile inspections to check Iha qualify or quantity of Iha
Work. GNCiNPtilt's efforts will lv directed toward
providing for OWNFR a _'ruaer degruo of confidence that
the completed Work will conform generally to the
Contract Documents. on the basis of mch visits and on -
site olxorvalio s, HNGINIkEll will keep O1VNIiR
unformed of the pnxross' ofthe Work and will endeavor to
?arard OWNHR against dz/�clive Work. HNGINFER's
visits and on -site observations arc subject to all the
linithnions on bNGINEFR's authority and leslwnsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during cm as it raldl of J:NGhM;LR's on -site
visits Or obu.lvations of CON'TRACfORs Wol'k
ENOTNG13R will not snpvn'iw, direct control or have
authority over or he reslxrsiblo for CONCRAC''ORs
means, methods, techniques, sequences or procedures of
construction, or lire vtfety preenunovs and proynnu
incident thereto, nr for env failure of CON'I'RAC'I OR to
Comply with Later and 12tguletions applicable to rho
furmshi m or performance of the Work.
Project Reprerenrnrive:
9.3. If OFVNkR and b,NGINIMsR agree, HWINIkER
will furnish a Resides Project Representative to nssisl
ENGINEER in providing Inorc continuous observation of
the Work. "I'he responsibilities and authority and
h imOttions themon of any such Resident Project
Representmive and assismnts will bt as proeidel ill
paragraphs 9.3 :rod 9.13 and -
Conditions of these Gcnarnl Conditions. If OWNIAR
designates another reprelnmtutivo or ttgont to represent
OWNER at file site who is not GNG1AT6R's Consultant,
agent or employee, the reslxmsibiltiu and authority and
limitations thereon of such other person will be as
provided in (=0101(iots Istmolph 9.3.
of these General Conditions. If the t NGIN HR fumishes
a Resident Project Represenantive (RPR) or other
mwstnnts,. or if the OWNER designaws it Representative
or agent all rs rovided m p qa +r�i'atph 9 7 s( tilt Cl •vie{al
Conditions, these Representalivesshall have the uuthnrily
and limitations as -provided in paragraph. 9.13 of the.
Uenernl < ond(fions and shall,,h------m i to lire follwvi ,rl
93. 1.fir_P_dgyxn{ati�y's-_dq,IlnSv_.in_m_;rll<rs
Ixrl umn)_ nn.Ih� cn sit workwtll In L ntral, Ix• nvifh
the I NC INHEI.2_ and CON;I'R \( I Olt „-_Bllt,_the
Represenativt.. will keep file OWNER Rrolvrllk
advised alma +tOr molten. hire Repnscntt!live'.s
de [true n•nh sulxutlr rctorro will only ho. Ihrou't or
with the Bill knowlc<Iga and approval. of. the
CUN;I I, AC;y;I:(Zly
9 3 Dutiesd 1 esimisibilttles Rcll 3nlapve
wile
9-21 Schrdulcs _.... ,Review -_the nro�ccs
19
9chtdul, and other_ scheduloi pa zurd by fill
C ON RAC' bC Z_ and . consult tojlh .. the
1 NGPM I_I conceinmu acceptability.
9.3.1,2. Conferences rences and \4ecw %trend
mectins with the CON'IRA.......... is_...__.
prawn lruclron coal r m, s, progress nalCtIllus
and _olher_Jo¢_ conferences and lnazara__tmd
WiCallslt Copies OI aimUL f of illeptlogs..
9.323 Liaison
9.32_3.1. Servo ns HNGINEMS liaiun
tvitlr. CONTRACTOR,_ wsrrkting_principally
__ __ _
tiro{ _ _CON I:R_1C'fOIE'3. supermtend_nt_ io
asmst the CON I RAC I OR in Understanding
file (untracl DocunWnts.
9.3_'.3.'_. Ax;isf in obtuinine Iron UWNGLi
nd(Lnoml detach of inform fit lot),, }vhcn
rurwn(I, (or palrxr cs cutjcm cl the Work,
9.3,133._.. Advise the _I_NGINlliR._and
CON 'I'RAC 'I'OR of the Commencement of
any Work regmrine a Shop 1)rnung car
s unpl suhniiscnm tl IhC suhnuxion has [lot
hen approved. by the HNGINHI-T
9.32R. Review of Work, Rejection of Defcoive
Ma k, htspxtions and Tests..
9.3 14 1 Conduct tn,sitc nhscl vationv_of
the \\oik it) laorpel,sto assist thENCUNIFFIR
in determining that the Work is proceeding in
accordan vvith,the Contrite}_f)tx: Rl9tnls,
93.2,4, . Report to the b:NWNMIR
whenever the Relsesenmtive,. behevos that the
Work is unsahsfactop•, Gµrlly or dCfeCtIVO or
does not conform to the Conflict Documents,
or has lxul. dznlayd, or d(xx not. meet tile
requrrouttnts of any inspections tests or
npprot als required tc be nlado; and advise. tho.
HNCIINGGR when he believes work, should he
collated or reteued nr should be uncovered
for observation, or requires. special testing,
ill., CIIUII 01'a1NoA'�
23,'A.3. Accomptmv_ visiting. inspectors
repisswtinp�yx1611c al other agencies,having
jurisdiction over the Project, record the results
oC 1h. inslxcuoits .and. nLxxt to tho
FNCINI EER.
9.32,j. htterIvefittoll of. Contract
DMURcnts. Relwrl to 4NNOINEER "'hart
clarifClhons an<I_nt rlx [rtignx of Ih Comal_cl
15 untents ere needed find_ transmit to
CON11 h U I OR clarification _all mlu pi clalion
of the Contract 1rocuntems as issued by the.
t:T'Gh11 ftli
93.3,o Vfo(hGuatons. Consider end
evalume CON II R AC I ORS suup� sunny for
IWDc 01:N1:ItAL CONIM 11ONS 1910-9 ( I'a90 Edit I.I)
20 "(I'IYOFR)kI( U.Ll%S NIODIFICA I1 ONS t UN1120Ua)
maliticntion 1n UrnfrirLor Slxufisrolions and
relxxt these runnmlilpdalinm to I.NGINI.HII..
k.curtteh, hanfotit _ to C ONTRAC'rOR
d wsronv isvuul 6y rile I}NGNI I;R,
13.17. Records,
1_. Maintain fit the Representative's
9,3.18._Repons..
932A].. Furnish ENGINEER fxriodic
ryxms, its required, Of (he proIlress; of the
Wort, and of the CONI'R.\QTows
compliance with 1110 progress scliedule and
schedule of shot) Drawing fill(] sample
submittals.
933.8.2 Consult wnh GNGINCGlt_. in
adv:mtce of scheduling major tests,
msph tions or f,tart of it int,phmxs of tlu
Work,
933,83 Draft_pioposed Change tillers
and Work Directive ( hangs, .obtaining
backup_ m terra Gam th(. C ON_M AC;'fOR
nid__nonon mend ttgI NC INhliRchange
C )r(le s--Workbheclirc,Shiingr_;_en<I_.l old
orders.
93?.Tq Rencill.._ unntvdlately to
11GIN1 LR and OWNER the. wourrence of
nl�'.r19_ci4lgpt.
>. �.J. PBymuri Cs guest,;. Iwo law tipplrutfrions
for patmelrt_wuh CON fRAC I(Rlor compliance
loth the establishedpl otodum fix_ their
suhnilwon :aid tomfird with recommendation to
I N INI I R noting+patlwuhllt the Ichtionxhip of
the. Impnenl requested al the st1usluk, of values,
vicars completed an I nnaerurls t etuipm
ent
deliver d al Ilia _rlc hub not incotporawd inthe
"Vork.
V,3.2.10. Completion
93.2.10.1. I3clore I NGIiNEER issues a
< 16hcalc of-Sulnt.unad Compkuult, subnril
to CON"IRAC"[OR it list of ohserved heirs
requam wtmchnn otumRlqtort,
9.b.3.1 U.3. Condupl final insxclion in the
cntnlwnv ot: the I,{?y'GINb_lily O\VNP:R and
(ONIRI ACMI and prelmre a I final -list, of
itcanx Uo be cerrccicd or_comLleted,
0 3 2 10 3 Observe that all rents on the
final list have Ix n corrected or complctnl and
_.
make rcFp>at;nutdalnon, to I,_Ncvl,M L:R
umcrnuns acceplanG�,
o > r Limitation -of Authority. Ililicpr sm nil shall
not:
93.3.1_ Authorize any deviations loom the
Coop act Doeuorcais on aoecln tn} substitute
materials or equipment, unless nulhowed by the
HNGIN1;FR.
933 I xc_cgd limitations of I N( INh.ljlj i
Initial ny as sic forth at the Contract D ellatents.
9..3..i 3 Lndcriakc •Ina• ot'thc r slmnsrhilitics
of the (ON RAC I012 Sgbaaw wlon'N or
( <)N412. row" supeupundell.
9.3,3 4 Adviso on, or. iasuc directions relative
to, (it assunm wnllol over tiny aslxu of Iho
mamas nnelllods, techniquzs. Sequences or
procedures lox construction .unless such is
slxeificph,. called for in the. Contr&A Documents.
93.3.5. Advise nn or issue directions
regoldmg or assume control over sooty
precautions and programs in connections with the
Work.
9.33a5. Accept. Shop Dralyings or sample
subnnittals loam anyone. olha' than the
CONTRACTOR
93.3,7 Authoize (AV Fla _lo_occtEjy___0ni
WgrA in whole cr impart,
9.3.3.5. participate in speeializcd field or
litivraton tests or ursactica s conduct,id 6} others
exce)4 8s specifically authorized. my elm
IN(31Nljla,
C'(afification.v and lnter'pretatiwrs:
9A. ENGINFER will issue with reasonable promptness
such wrateal clarifications or inien'p2mtionn of the
BJCUC (;NNFRAI. CONDCI1 OM 1)10 8 (1'190 Edit ao
ec/U"IY OF PORTCIAAX' MODIfI CA I JIMS(RIV I111000)
requirements of the (011118 -t Docent rats (n the torn of
Dranvings or odlenusc) its I.NCiINI CR nnay dtennine.
necessary, which shall Ix consistent with the intent of and
reasonably inferable front the Contract Documents. Such
veritt<n clut'ilicationtsond in[cprrcmtinna wi ll Ix Linding on
OIVNI;R and CON'I'RAC'I'OR If OWNER or
CON'FRAMOR believes that it written clarification or
integnotatioil jlist, ties an adjustment in Iho Contract Price
or the Contract 'fillies and the partiu are unable to agree
to the amount or e,Ment Ihercoh if any. OWNER or
CONTRACTOR may make it written claim therefor as
provided in Article I I or Article 12.
;4111110'*ed bhriatimrsm Ivork:
9.5. RN(HNHHR may authorize minor variations in
the Work lion tilt requirements of the Contract
Uoemncnts which do not involve an adjustment in the
Contract Price or the Contract '[tines and arc compatible
with the design concept of the. completed Ploject as a
lanctionin, whole Its indicated by the Contract
Documents_ 'These only Ie accomplished by a Field Order
and will he banding on OWNER and also on
CON''I R ACTOR who shot] portorm the Work involve(I
promptly. 11'1AVNFR or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Commot Times nn(I the lwi lids are unable to egret :w
to the mnount or aelenl tlmeol', OWNER ar
CONTRACTOR may make 9 written claim therefor as
provide(I in At I l or 13.
Rejecting Defective Ihnrk:
9,6 DMINF'kR will have authority to disipprove or
l eject \York which ENCI'NFFR belt v c to be al Relive,
or that la rGINLFR belie es will not product a completed
Project Thal eonilanns to the Cornier Doeunnents or that
will prejudice the inN{n'iq of the design concept of the.
completed Project as a ruLooning whole as indicated by
the Contract Dccumc.nls. ENGINEER will also have
authority to require steam inslxclOn or testing of the.
Work as provided in paragraph 13.9, whether or not the
Work is Iabri tiled, installed or completed.
Shop Dr swings, Change Orderivan Parments
9.7. In connection with HNGINATA's ounonty= as to
Shop Drawings and Samples. see. paragraphs 0.24 through
0.2S inclusive.
9.5. In connection with ENGIN ERs authority as to
Change Orders-, wo Articles 10, 11, and 12.
09 Ill connection with ENGINq Hk''s zuthority as to
:Applications for Payment, we Article W.
Delerminaliousfor Unit Pricer
9.10. ENGINVER will determine the actual quantines
and classificalions of Unit pricy l-Vork. twrfnraed by
CONt'I'RACI'OR. HNGINEER will review with
CON'I'RAC'I'OR the I'INGINHI'IR'S pre intinnry
delcrnl inalions on such nmtlers before rendering it written
decision nhoreon (hy recommendation of an Application
21
for Payment or otherwise). ENGINEGR's written decision
thereon will Ise final and binding ulxm OWNER and
CONTRACTOR. wiless, within tell clays after the dal: Of
any such decision either OWNIiR or C'ON'MACrOR
deliver, to the other and to ENGINEER written notice of
intention to appni front ISNGINfi1iR's decision and: (I) an
appeal front ENGINGHR's decision is taken within the hire
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement', entered
into Nwhvcean (AVNFR and CON"fRACIOR )unotant to
Article 10, or (ii) if no such Dispulo ReaOlntlon Ageenam(
has been entered into, it formal pioweding is instilutedl by
the nplxaling party in a forum of amar :tent jurisdiction to
exercise such rights Or wnteelios as the appealing party may
have with respect to hNGlNHI!R4 decision, unless
otherwise agree([ in writing by OWNIiR and
CON'I RAC OR, Such apluul will not Ix; subject to tho
procedures of paragraph 9.1 I.
Deenioms at Dmputec:
9.1I. HNGINMR will be the initial interpreter of tho
requiramen(s of the Conb'act Dwinielas and judge of the
ucoeplability of the Work Ihereumder_ Claims, disputes and
other natters relating to the acceptability of the Work Or
die IWe[ ph'la lain of Ole ferluiiclnenta of Ills Clonmlut
Udxmnlents pel'lainino to the rerfonnance. and furnishing of
the Work and claims under Articles I I and 13 in fcspeet of
chances in the Contract Price or Contract Timcs will be
reliaied initially to ANGINkHR in writing will a (equesl
fix a formal decision in accordance with this paragraph.
Written notice of each such claim), dispute or Other (tatter
will lw delivered by the claimant to L'NGINHL'•R and the
other lrarty to the Awecmcrt promptly (but In no event
Into than thirty days) alter the start of the oecurence or
event giving rise d arct0. and written sup{toning data will
Ix suhntit0.d to hNGINHI;P and the ollmr party within
sixty clays Act the .stall of such occurronco or event unless
GNGIidEGR allows an additional lx•-riml of (title Ibr the
submission of additional or more accuratc data in supfort
of such claim. dispute or other matter. 'rue opposing party
shall submit any response, to ENGINTL'12 and the claimant
within I1111y days antes receipt of the claimant's last
submittal (unless FNIGINIIGI2 allows additional time).
liN61N1::GI2 will ren<lar n fennel decision in writing within
thirty days after receipt of the opposing partys sublumal, if
any, in accordance with (his paragraph. 13NGINEEti'.s
written decision on such claim, dispute or odder mullor will
Iw final and binding ulsnl OM fEfL and C ONTRACI OR
lmlws. (i) on apiwal from 18NGINEERs decision is liken
within the time limits and in accordance with the
procedures set forth in ISSHI131'r G('A. "Disputo
Resolution Agreement". entered into iwlwem OWNER and
CON'rR.ACfOR pursuant to Article 16. or (ii) if no such
Dispute Roallu(ion Agreement has been eraared into, it
written mriiee of intention to spiral from ENGhNITR's
written decision is delivered by OWNER or
CONTRACTOR to the other and to LNGING1712 within
thirty days- after the ditto Of such decision and a formal
praxeling is instilutel by (he appealing party in it forum Of
competent jurisdiction to exercise such rights or icmedies
as the aprealing Ixany play have with roslx.et t0 such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of .such
LJMCYa13NNRAi.C(1N'IJI'I'I ONS iJW3 r M HdAmn)
2' 11, Cl I Y OF i'Oaa' COIJAM fODIIa CA' I'IONS (RMI Vdaam
decision, nnlr-ss othenwiss lo' eed in writing by OWNER
and CONTR\CI.OR
.) 13. When functioning its interpreter and judge utxlor
imnlgrgths9.10 and 9.11, ENOINHER will not Chow
lxvlinlity, to OWNI?R Or CON'I'RACCOR and will not I%
liable in connection willr any interpretation or decision
lendcled in good faith in such capacity. 'Chu rendering of
A decision by ENIG INFER pursuant to paragraphs 9.In Or
9.I I with reslwet to anv inch claim, dispute ar other
matter (except any which lave been waived by the making
or acceptance of final payment as provided in
yameraph 141 i) will Ix; a condition precedent to any
exercise by OWNER or CON'fRACfOIC of such rights of
remedies its emhor may ofhenvise- have under the Contract
D(AIaIOCnta or by I.a\VS or Regulations in reslleet of any
SUGh Glaint, di5p6le Or VillaIn after purSnunt-lo Article -Ifs.
9,13. Limitations on ENGINE:TR's .larkonda and
Regw,mibidirier:
9, 13A Noalicr FNIGINkHR's authority or
rods aSIEa itv undo this AILCIC 9 or under any olhcr
provision oithe Contract Dwumays nor any decision
nude by IsNGIA:HHIi in good faith cillwr to exercise
or not esel wise such authority or msponinbihty ar (he
u donaking, exercise or perthnnance of any nuhority
of responsibility by ENGINrEFIR shall crrntq imillow
or give m;e to arty duly owed by 1;NGINEGR to
CON rRAC'I'OR, any Subconuactoi, any Supplier,
any other rerson or organisation, or to :my surety tar
or cnyalo)ee cr ague ofany of them.
9.1..12. HNGINI:bR will not aipervise, direct,
control or have authority nvcr ur Iw responsible for
CON'rRACfOR's mrans, mcihotl.s, techniques,
sequenws or pnxadurus of cottsinlctian, or the safety
p1ma tiotls and phxgrnnls incident (hereto, or 16; any
failure of CON RACTOR to comply with Laws and
Regulations applicable to lho furnishing of
lxdiimance of the Mae FNG7NNR will not be
responsible for C.'ONTRACTOR's rulure to perfomt
or fumiah the lVoik In accordance with the Contract
()13.3- 1LlGLNEBR will not be resfxmsiblc for the
acts of omlissions of CONrRAC1'OR or of any
Subcontruuaor, any Supplier, or of any otha' person Or
organiv.ation IwrCurnnng or furnishing any of the
\Volk.
9.13A. GNG1NiiBhsrcriar OClho final Application
for Payment and accamPanyirU dncumematlon and
all maintenance and operating instructions, schedules.
guarantees, Bonds and cutificatcs of uisjx ctwn, tests
and approvals and other documentation squired to be
delivered by paragraph hLL will only be. (o
determine generally that their content complies with
the requirements of• and in the caw Of ceitilicaus of
insrections. tests ;mil approvals [hill the. results
certified indicate compliance with. the C'ontnlot
DOcllntl 11tS
9.135. "the limitations, uron authority and
resltnnsibility .set torn in (his pmeggaph 9.13 shall also
apply (a P,NGIN iR's Consultants. Resident Project
IRepresclnative and assistants.
,\12'I'ICLV 10--CP AMM; IN'1'l lE NVORK
RiL Without intali(Lning the Agreement and without
notice to tiny UPAV, OWNER May, at any lime or from
tints 10 third, order aJditinlls, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amcnthuent, It Change Omm or it
Work Change Directive. Upon I'eceipt of any such
document, CON "I'RAC'l'OR shall promptly proceed with
the Mak involved which will be performed under lie
applicable ennetitions of the. Comrrcl Documents (cxccpt as
otherwise slxcilivally provided).
10.2. IC OWNER and CON "FRAC'I'OR are unable to
agree as to file extent, If any, of an adjustment in the
Claltlacl Price Or all adri llICIA ON110 CiallIMCf I'line.%IhNI
should be allowed as a l'esult nl'a Work Change Directive,
a claim may lie made thor-Air as provided in Article I I or
Ai'mole 12,
10.3. CONTRAC'POR shill nor he entitled loan inca:lsc
in the Contiae N'ica or an oSldnsion of the. Conunct 'I'imcs
with respect u> any Work pdribmwd Ina[ is not rc�uinsl by
he Contract Dneunents as amonced, modified find
supplemental as pro ricl Yi in imrngmphs 3. 5 and ;b, except
in the else of an emergency as provided in Imrngraph G2..1
or in the case of uncovering Work as provided in
ixu lglaph 1.3.9,
10.4. OAVNIiR and CONIRAMOR shall execute
appropliato Change Orders reconunended by ENGINEER
(or Written Ame.ndnte.nts) covering:
104 i, changes Ili the Work. which tiro (I) Or
by OWN IIR pursuant to paragraph 10. 1, (h) required
beaalse of acceptance. of dePclive Work under
paragpph 13.13 or collecting Ieliclivti Work under
paragraph 13. 14, or (ill) agreed to by the Irutics,
10.4? changes in the Contract Price or Comae
Times which tire. agreed to by the parties: and
10,4.3. changes in Ihc Contract Pried or Common
Times which cMihoriy (he substance of tiny written
decision rendered by HNGINVER pursuant «t
pillligmph 1) 11:
provided that, in lieu of dsecumng amsuch Change Orda,
an aplxal niay be taken from arty such decision in
occor(hmce with the provisions of the Conlrict. Documents
and applicable Laws and Regulations, but during any such
appeal, CON'rRA(,,'fUR shall carry• on the Work and
adhere to the oro tress scheluld ns provided in
paragraph 6.29,
10.5. If )IOlice of any change affecting the general seolx
Of (he Work or the provisions of the Contract )neunlnnte
L8'IX'OF%an(AL (X,iDl'[IOttS 1910-S 09911E011,O)
Will I'1'OPF(nor COMANS MODIFICAllottSlKIN I0000)
(including, hill not limit l W, Contract Price. or Contract
Times) is required by (he provisions of any Bond to be
given to a surety, the giving of any such notice will be
(:-)NTRACfOR's reswnsibilily, and the amount of each
applicable Bond will Ix adjusted accordingly.
ARTICLE 11--CHANGE OFCON'I'RA(.I' I,RiC1c
11 1. 'the Contract Price arnstilules (Ire total
ennr]xnsMion(subject to authorized adjustments) payable
to, CON'1 RAC'MR fix lartitnuing the Work All duties,
reslunsibilitics and obligations assignsd to or undertaken
by CON I RAM OR shall Ixl at CON 1 RACI'OR's exlvnu
without change in Ihc Contract Price
I L'. The Contract Ricd may only he changed by a
Chmlge Older or by a Written Amendment. Any dilnl
Rol an adusunent in (he Commel Price shall Ix- Used on
written notice delivered he the luny making the claim to
the other Ixmy and to LiNGINEER promptly (,bat in no
event later than thirty days) tiller the start of the.
ocourrence or event giving rise In the claim end staling rile
general nature of the claim. Notice of the anlomll of the.
claim with supixxling dint shad] be delivered within sixty
clays alter the start of such occurrence or event (unless
INGINGI?R allows additional lints lie' dainmnt to submit
additional or more accunae data in support Of the claim)
and shall he accompanied by claimant's written statement
fiat the adjusuncnt claimed covers all known amounts to
which the chumant is entalild as it result of .wrid
arucurrence or event. All dauus for adjustnlont in the
Control Rice shall be cleerannccl by ENGINEER in
accordance with paragraph 9.11 it OWNIIR and
CUN'IRAC I'OR cannot otherwise agce oil the amount
involved- No Clain for tut aditrltncnt in the Contract
Price will be valid if nor sublandal in xcco lance with this
Ixtntgraph 112.
11 3. The value of any Work aweral by It Change
Order Or Of any claim for an atljumnicnl in the Contract
Puce will be determined as follows:
1 13A. whdre the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11,9,1 through 11.9..3, inclusivcl',
11.33. where the Work invohwd is not eovcml by
unit prices contained ill the Contract Documents, by a
nntually agreed payment lwtsis, including lump srm
(which nay include an allowance for overhead and
profit not necessnri l), in accordanw with
lxtmgraph 1 LC.')',
11.3.3. whet\ the \Volk involved is not covered by unit
prices contained in (lie•. Contract Docurn•.ms and
agreement to a lump still) is not reached under
farngrnph 11 3.2, mn the Imms of the Cost of the Work
(deterntinttl as provided in lxtragnaphs 11.4 and 11.5)
plus a CON I'RAC'I'URS five liltoverhead and profit
(determined as provided in paragraph 116),
Cnsf ofthe I4'nrk-
1 IA 'hhe Tenn Catt of the Work means the .sum of fill
costs necessarily incurred and paid by CONTRACTOR in
the proper lwrformanco of the \Volk. Excy>t as otherwise
stay Ite agt'ced to in writing by MINIM, such costs shall
Ise in nnu Ullof no hieher than those prevnding in the
Ioealily of the Project, shall include only the following
items and shall not include any of the costs lielmOed in
paragraph 11.5
IIA.LPalroll costs for employees in the direcl
employ at CONTRACTOR in the Iwrlixnlanee of the
Work under schedules of job Classifications agreed
ullon by OtVNHR and CON RACTOR. Such
employees ::hall include without limitation
superintnsdicnls, foreman and other personnel
employed full -line at the site. I*oioll costs Jbi
employees not employed fill -line on the Work shall
Ic aplwnioned oil the Ixssis of their time Silent on the
Work. Payroll ccuts shall include, bill na be limited ltp
.alarics and wages plus the cost of Binge ben•.lits
which shall include swirl wetaity contributions,
unemploylnola, excise and payroll taxes, workers
compensation, health and retirement bmefils; bonuses,
sick kayo, vacati Arend -holiday -luny applicable thereto,
The expenses of purlbuning l\rork after regulm'
working hoop, on Saturday. Sunday or legal holidays,
Shall Ice included in the above to the extant authorized
by OWNER,
11.4.2. Cost of all nntenals and equipment furnished
and incorpomteal fir the Work, including Costs of
Irnlslxrttalion fill([ storage Ihtteof; and Suppliers Geld
services required in connection therewith. All cash
discounts .shall itecrue to CONTRACTOR unless
OWNER deposits funds with CON"fRACTOR with
which to make Imymenla in which case thecash
discounts shall awnte to OWNER. NI trade
dluscounN, rebates and rounds and naumx Goa slde. of
surplus materials and equipment shall accnro to
OWNU, and CON I'RACTOR shall nwke provisions
se, that Ihcy may be obtained.
I tA3. Payments made by CON I'RACI'OR to the
Subconlractons for Work im fornmd or furnished by
Srlxontractorc If required by OWNISR,
I?JCpC didA61t A1, CU!JUI'i'IG;.: i? I Il-S r1A`Jll Bdiiiwll
�`4 m'CI'rl•OFFORI CUI,LI>n.VOUIiIC,\I IONSIItIeV iCnaa)
CON'f12:A(..,C012 doll obtain conllwtitive bids iron,
Sal)n(111nllif aa:eptable, kl OWNRiR and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
I-NGINEEI:, which Lids, if any, will be accepted. If
any subconnnet provides that the Suhcontrnetor is to
be paid on the basis of Cost of the Work plus a fee,
the Sulxontractol's Cost of the Work and fee shall be
determined in the saune manner is CON'rRACTOR's
Cost of the Work anal Ice as provided in
lxtntgrtphs 11.4, 11,5, 11,6 and 113, All
subcontracts shall be subject to the other provisions of
the Contract D(lCUTaCoLa insofar as applicable_
I1.4.4. Cols of siveial consultants (including but
not limited to e)gineers, architects, teatime
Ialwmtori0, surveyors, attorneys and aeeoun¢ulls)
employed for services sleciGeally related to the,
Work.
11.4.5. Supplernental costs including Iho following.
1 A,5.1. '1'ho proportion of nccess!uy
transportation, travel and subsistence expenses of
CON RACOR'c employees incurred in
discharge of duties connected uvall the Work
-
I IAS'. Cost, including translxxtation and
maintenance. of all materials, supplies,
equipment, machinery' appliances, office and
temporary facilities at the site, and hand tools not
owned be the workers, which are consumed in the
perlixmmiae of the Work, and cost less market
valuC of such items used but not consmned which
remain the pcalwny of COMHRAC'I'OR,
I1: ,i3. Rentals of all cnnstruotion
equipment and machinery and the pans thereof
whether rented front CONTRACTOR or others in
accordanw with ialtal agreements approved by,
OWNER with the advice of ENGMER mid the
costs of translxmmion, loading, unloading,
instnlla(iotL dismantling and oanoval lwcof—all
in accontance with terms of said [call[
agreements. 'the rental of any such equipment.
machinery or parts shall cease when the use
thereof is no longer necessluy Ibr the \York.
IIA.i.4. Sales, consumer, fire orsimilar rues
relatcol to the Wok and for which
CONTRACTOR is liable, iniflose l by t.,aws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CON,rbAC'rOR, rosy
Subcontractor or anyone directly or indirectly
esnploycd by any of them or [Or whoa•. acts any
of them may beyliable, and royalty pvynlents anal
fees Ibr IMalits cold licenses.
114.5.6. Losses and damages (awl related
expenses) caused by danlago to the Work, not
compenvalod by insurance or otherwise. sustained
by CON-Rk]OR in connection with the.
• Contractor, subcontractor or owner initiated claims and their resolution
• Contract time for completion when bid.
• Actual completion time.
Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays,
additions to the work, etc.). Provide an owner reference for cited projects.
5. Safety record.
Provide the firm's OSHA reportable accident rate and current workman's compensation
insurance multiplier for the last three (3) years. Provide the OSHA reportable accident
rate on projects managed by the proposed project manager over the three year period.
6. Subcontractors.
Based on the description of the work in this request, describe which portions of the work
(if any) will be performed by subcontractors.
7. Damages Caused by Contractor.
Describe any major and/or minor damages caused by contractor to others property
during the last three (3) years. Indicate how the damages handled and by whom.
8. Construction Costs.
Complete the Unit Price Sheet attached to this request for proposal. Provide costs for
additional services you provide that are not included in the price sheet. Note: The City
of Fort Collins shall provide materials to the contractor for installation. A two years
installation warranty shall be required from the contractor.
9. Financial statement.
Provide a recent financial statement showing:
• Current assets
• Other assets
• Current liabilities
• Other liabilities
10. Insurance Company.
Provide the name, address and phone number of the firm's insurance agent(s). Provide
certificate of insurance outlining coverage and policy limits. Can this coverage be
extended for work on this project? Can coverage be increased? Can the City be listed
as an additional insured? Are there any current claims that will affect coverage limits
available to the City for this project?
11. Available Equipment.
Provide a list of equipment to be utilized on the project defined. Provide a list of
additional equipment that is available if required.
Utility SA WO rev06/07
Ixrfornnnec and flunishinu of the Work (exu t
losses and damages within One deductible amounts
Of prolxrty insunmce established by O\ NIM, in
accordance with paragrapl1i.9)_ provided they
have resulted front causes ether thnn the
nagligance. of CONIIRAC 'I'ON, anv
Subcontractor, or :anyone directly or indirectly
employed by any of them or lot whose acts nay of
them may Ix liable Such I scs dealt include
settlements made with the written consent and
approval of OWNI3R. No such loses. damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONE RACTOR's fee. If, however, any such Ices
or tlantaage, requires reconstruction nod
CON I RXA I OR is placed in charge thereof,
CON 'I'RAC.'TOR shall be land for services a fee
proportionate to that stated in paragraph 11.0.2,
11.9. i.7. The cost of utilities, fuel and sanitary
facilities m file site.
HA. i,S. Minor eximl%es such as telegrams,
long dLsuunce telephone cnlln, telephone service Ill
the .site, expressage and similar petty cash items in
connection with Ihc Work,
11.4,59. Cost o(p enn urns for additional Bonds
and insurance required because of changes in the
Work.
I I5. The Cann Cori ol'the Work shall not include anv Of
Ile. following:
119.1. Pa ymil costs and other cotalcinoilron of
CONTRACTORS of ceis, executives, princil.als (Of
Ina nctship and sole proprictorshipsj, general managers,
engineers, architects, estimators. attorneys. auditors,
accountants, purchasing and contracting agents,
expediters, timckeepes, clerks and other Ixrsonnel
employed by CON'I'RAC'I OR whether al the situ or in
CON9'R.V-rows principal Or a branch Office for
general administration of the Work and not sixeiticnlly
included in the agreed upon schedule of _lob
clasifmations referred to in paragraph ll,4A or
specifically covered by paragraph 11AA--allof which
are to toe considered adminisuntive Costs covered by tine
CON, TRACI'OR's Ii;c.
11,5,2, b:xxn.ses of CON f RA(CI OR's principal and
branch offices other than CONTRACPOR's office al
the site.
11.5.3. Any Ixn1 of CtCONTRACfOR's capital
expenses, Including interest on CONTRACTOR'S
capital employed fear the Work and charges against
CONI'12AC'IZri2 Ibr doharluem Ixlym(nts.
11.5.4. Cost Of prcmiunls for all Bonds and for all
insurance whelher or not CONTRACTOR is required
by the Contract Documents to pw'chase and maintain
the scone (cacapl fix the. cost of prcmiunls covered by
subinuagraph 11.4.? 0 nbove).
ucoc ccNcla,v, convarrloNs I v nos a avo Iaatitiao
w/ Cl'IY Of l 01M COLLI Ns NIODIIICAIIONS (ILLY I'D910)
1 Lis. Costs due to the negligence of
CONTRACTOR, tiny Subcontractor, Or anyone
dirccd'v or indirectly employed by any of them or for
whose acts anv of then nmv be liable, including but
not limited lo, the cnection of de/ecniv Work.
dislxacal of materials or equipment wrongly supplied
and making good any damage to properly.
I I.i.6, (Other overhead or general asfzare costs of
any kind pmd the costs of any item not specifiul ly and
expressly included in paragraph 11.4,
11A 'file CON 'IRAC :fORc fee allowed to
CONTRACCOR for merhead and polit shall be
determined ns follows'
I IA 1. it nrunudly acceptable lied fcc: Or
11.6.2. if a Geed Ice is not a;_raed upon, then a lee
Ixnu I on the Billowing Ixrecntaacs of the carious
Ixanions Of Cost of the Wot'k:
1193.1. for costs Merinell under
Ixuagraplis I 4,1 and 11.12, the.
CON I RAC I Oltk foe shall be Fifteen percent;
116.2.1_. for costs inelnrral under
Imragraph 11,4.3, the CONTRACFOR's Ice shall
be live perecnl;
11A.2..i. where one or moat tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fca is agreed upon, Ih0
intent of paragraphs 1 IA.I, 11 4.2, I I A.3 and
1162 is that Ihc Sulwanlnrcto, mho actually
Iwrfcrnts or Iluni rhos the Work, at whatever tier,
will Ix paid a fee of Glleen ix.recnt of tilt costs
incurred by such Subcontractor under paragraphs
11.11 and 11, 4.2 :red that any higher tier
Subcontractor and CONTRACTOR will each be
fnrd a fa of five IVICenl of tile amount Amid to
the next lower tier Subcontrrnutor, to Ire negotiated
in gad faith Will) the OWNI R.but not to escced
live ixrcent of the anlqunt paid to the nest lower
tier Suixontorcrol,
11.6,14. no fee .shall be payable on the basis
Of cuts itemized under paragraphs 1 L4,4, 11A.5
and 11.5;
11 6.39the amount of crcdil In IV allowed
by CON'FRAC'I'OR2 to OWNER for tiny charncc
which results in a tier &crease in cost Will Ix Ihc
amount of the actual net decrease in coat plus a
deduction in CONf12ACTOR''s tee by an amount
equal la five ixrcent of such net decrease; and
1 L6.2.6. when both additions and credits are
invoked lit any one chance, the ;rlimamcnl in
CON'I'R AC TOR's Ice shall ba computed on the
basis of the net change in accordance With
Imgraphs I L63.1 through 11.6,25, inclusive.
I1.7 Whenevar the cost of niv Work is to be
,�
determined pursumt to Isnigraphs 1 t.J and Ili,
CONTRACTOR will establish antl maintain records
theleof in accordance will generally accepted accounting
practices and submit in lbrin acceptable to ENGINEER an
Itemized cost breakdown together with suplxHling data.
Cash. llnasurcer:
I I.S. It is understoo(I that CONTizAc r0[i has included
in (lie Contract Price :dal allowances so named in Ilse
Contract Doaanents and shall anew the Work so covered
to be burnished and perfrnnied for such sums as may be
acceptable to OWNIsl2 and 6NGINIiIiR. CON'I'RAC'I'OR
agrees that
11.91. the allowances include file cost to
CON'I RACI OR (teas ;my applicable. Undo discounts)
of inaleri:ds and equipment required by the allowances
to be delivered at the 5ax.. and all applicable lases', and
I LS ?. CON'I'RACTOR's costs for unloading and
handling inn the sits, Inlxw, insmllntion cmul, overland.
profit and other egxnses contemplated hn the
allowances have Ixen included in the Contract Price
and not in the allavances and no demand for
additional lnynlcot on account of any of the foregoing
will Ix vnhd
Prior to final payment, an appropriate Change Order avi11 he
issued as recommended by P.NGINkFR to aelect actual
amounts duo CON I'RAC 'I OR nu ncaiax of Work covered
by allowances, and the Contmet Price shall be
axruspondingly adjusted_
11.9. Lhi! Price li m1s
11.9, 1. Where the Conmmt I )ocumcnts povide that all
of port oCthe Work is to be. Unit Price Work, initially
the Contract Price will be de.enied to include for all
Unit Price. Work an amount a@al to Iha aunt of the
established unit prices Cor each sepanaely= identif cd
item of Unit Price Work times the estimated quarnily
of each item 'is indicated in the Agreement. "rile
estin ited quantities of items of Unit Prior \Volk are
not guaranteed and are solely (br the purlww of
conifxnison of Bids and determining sn initial Contract
Price. Determinations of tile actual quantities and
classifications of Unit Price Work lxsfimnad by
CONTILACfOR will be made by GNOINbGR in
nccordanca with paragraph 9.19.
11.91. Fach unit price will Ix; deeined to include an
amount considered by CONTRACTOR to Iv adequate
to cover CON't R ACTORs overhead and profit for
each sc{xaawlyidentified item.
119.3, OWNISR or CON 'I'RAC FOR may make it
claim for an adjusmacnt in the Contract Price in
accordance with .Abele II if
11,9.3.1. the quuntity of any item of Unit Price
\Volk Ixrlbnmel by CON] 'RAC'I'OR differs
materially and significantly (root tie estimated
quantity of such item indicatel in Iha Agreement{
L1CUC OIiNLIL41, Ci)hUfrIOAS I'll eS (1 Aga CJitim)
26 a•/CIIYOPFOM COLUMMOD119 CAJIC).SMEV'I/lloa)
and
11.9.3.2. there is no correslwnding adjustment
with resliect to any other item of %Vork, and
11.933. If CON'I RACfOR hehevcs that
CONIRAC OR is entitled to an increase in
Contract Price as is result of having incurred
additional expense or OAVNIiR Lv:lieves that
OWNER is entitled to a decicaw in Contract Price
and the panics are unable to agree its to the
amount of any such increase or decrease.
119.3.4. CON"IRACfOR acknowletkes_ that
I he OWN P.R ims the richt to add or delete items in
the Hid or change quantities at OWNkR'S sole
chu,rc[io1]_wflhoul dlcdnas the Contact l'uu: of
am r mainin a m so lone is the Jdaion or
adcllhon (toes not \and lauds Ire jgrrcelit of
theoriminal Iota] Contract Priccc
AR'I'RI,E 12--CHANGE, OFCONTRAC'I" fIMRS
12.1. 'file Conirsel'I'inics (or Milestones) may only he
changed by a Change Older or a Writicn AmendnimL
:\nv claim lot an adjustment of the Contact Tines (or
\M lestones) shall Ix Insed on written notice del ivored by
the party making the claim to the other pity Ind to
hM HNIiIiN promptly (but in no event filer than thirty
days) aficr the occurrence of (h0 ovent giving riseto the
claim and stating the general nature of the claim. Notice
of file eucnt of the claim with suplxining dam shall be
delivered within sixty days alter such occurrence (unless
IiNGINHIiR allow=x additional time to ascertain more
accurve data in suplion of the claim) and shall be
aca?mp:mi.xl by the clzmmml's written st tenlent that the
adjustment odnilled is the entire a(linsueent to which the
claimant has reason to lwlicvo it is elaitlel as it result of
the occurrence ofsaid event All chinas for adjustment in
the Conetact'liti s(or Milashmes) shall I.v determined by
RNOINBBR in aeconlance with parngraph9.11 if
OWNER and COMRAC'IOR cannot otherwise agree.
No chain lox :in adjustment in the Contract rinses for
Mile_slones) will be valid if not submitted in accordance
with the requirmnents of this Imagraph 12,1.
112, All limo limits stated in the. Contact Documovs
are of the essenco of the Agreement
)?3, Whoa CONTRACTOR is prevented from
completing any Imo of the Work within the Contract
'boles (or IMilcstones) due to delay beyond thecontrol of
CON1 RACToR, the Cannel Tines (or IvI lestoms) will
tx+ extended in an amount equal to little list due to such
delay if a claim is made therefor as provided in
lxnagmlI?h 12. 1. Delays Ix+Yond the control of
CONTRACTOR shall include, but not tic linited I,% acts
or neglect by O%VNl312, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, tires, Moats, epidemics, abnormal woalcr
aindilions or acts of Gm Dolays mtributabla to and
within the control ofa Sutxontractor or Supplier shall Ix
deemed in be Jclays within the o ntrol of CONTRACTOR.
1'A. Where CONTRACTOR is prevented from
competing any Inert of the Work within the corn act I'lilies
(or Milestones) (file. to delay beyond the control of both
OWNER and CON"TRACTOR, an extension of the
Contrnet 'I'lilies (or Xhlestoncs) in an amount equal to the
lime lost due to such decay shall be CONTIZAC'fOR's solo
and exclusive remedy for such delay. In no event shall
AVN8121x liable to CON'fL2AC"fOR, any Subcontractor,
any Supplies-, any other person or organiralion or to env
surety tear or employed or agent of and of them, Ibr
damages wising out of or resulting noat (1) delays caused
by or within the control of the CONI'RACI'OR, or
(it) delays beyond the control of both parties mcludina, hilt
notlimrted to, fires, floods, epidemics, abnormal w"AlIvi
conditions, acts of Gee or acts or neglect by utility owners
or ocher cuntr cturs Ixrfonn ing other work as contemphaed
by Art idle 7_
ARTIC I,D; 13--ITSIS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEFI.4NCE OR
DE'VEY.7 WE WORK
13.1. Notice ofDefeets:
Prompt notice ofall dzltetive Mork of which OWNER or
HNGINHF.R have actual knowledge will be given to
IX)Nl'I2ACT'012. All dtlective Work may IV rojeetcd,
corrcclttl or accepted as provided in this Article I3.
Accassto Noah:
13.3. OWNER. ENGIN11R. LSNUlNBHR's Consultants,
other representatives and forsonnel of OWNHIZ,
independem tasting lalxxnlories Ind govenmtental agencies
with jurisdictional interests will have access to the Work at
rasonable tines for their obsenankni, inslxcting and
testng. CON'fRAC'TOR shill provide their proper and
.$tile conditions for such aeeacs tad advise them of
CON'I RAC I ORs site safely pnxedures and pttsgy'anu xi
that they may comply Iherovith ns applicable.
Tears and Inspections.
13.3. CONTRACTOR .shall give ENGINEER timely
notice of rendinexs of the Work fix all required inspections
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required insixclions or tests.
13A. OWNER shall employ and lxty for the, services of
an indelxndent wsling 4tboralow to pertimn till
msilecnons, tests, or approvals required by the Contract
Doe-tnuenls cxcepC
13A 1. for insly cons, tests or approvals covered
by pnmaraph 13.5 below:
13.42. that costs- inclined in connection with desk
or inslvdions conductal pursuant to paragraph 13.9
HR'I}i (jFNCitdt. CONDI 11 ONS 19105 (1990 Ldition
wlCITY OF PORT COMANs MOD119CAIIONS(MIN V20110)
(below shall be paid as provided In .said
lavagntph 1.3.9', and
13.4.3. as otherwise slr.cilieally provided in the
Contract Documents-.
1.3,x If Laws or Regulations of any public beeey having
lu isslwlion inquire any Wort: (or part thereof) sixcitically
to be inspedeel, twee or approved by an employee or
other repI,*enlative of such public body, CON 'f RAC FOR
rhttll assure full resiwnsibility for arranging and
oblafining such inepedfoils, tests or approvals, Iny all costs
in connection therewith, and furnish I uGNkHR the
required cerliliartes of inslxzlion, or spproval.
CON'IRAC'I OR shall Ilso Ix responsible toil firmnging
and ohnining and shall Ixav all costs in connection evil])
Lilly inspections, tests or approvals required for OWNIiRs
and 1,NGINHHR's acceplance of mvucriahs or equipment to
Ix incrporntsxl in the Work or of materials, mix d¢si_tts.
or equipntcnt SUI)IMUcd for approval prior to
CON"rRAC'TOR's purchase thereof for incogwration in
the Work.
13A If any Work (or the work of others) that is to he
insivaed, tested or approved is covered by
CON'I'RtAC1'OR trithout writicn cronuurrmicc of
ISNNNGbR, it must, if requested by HNGINN'N, be
uncovered fix ohs.rs'ation.
13.7. thicoverinp, Work as provided in paragraph l.i G
shall Ile in CON 'I'IfAM OR's expense unless
CONT RAC 'I'OR has given HNUINbf;R timely notice of
CON 'I RACfOR's intention to cover the smile- Ind
I NIGINHER has not acted with reasonable pronyatness in
I esponse, to such notice.
Uncovering If ode:
13 S. If any Work is covered contrary to the wralen
request or IiNGINEER, it must, if requested by
ENOINSER, be uncovercl for LNGINliliR's observation
and replaced at COtdrRA( I OR's cgxnse.
13,9, if HNOfINIFIR considers it necessary or advi able
that aworel Work be observed by ENGINEER or
inspected or lasted by olhar� CON"CIL\CPOR, al
HNOINEER's request, shall unRwer, exixise or otherwise.
make available liar observation, inspection or testing as
GNGINIiIiR nay require, that Ixxtion of the Work in
question, furnishing all nucsslry boot. material and
elluipmenl. If it is found that such Work is deleclive.
CON 'I'RACI'Oli shall pay all claims, costs, losses :nxl
dnnagcs causal by, arising out of or resulting front such
uncovering exposure, obsen�elion. inslxc6011 and testing
and of .sabstitctery replacement or occonslructioq
(including but not Ilmilcd to till costs of repair or
replacement of work of others), and OWNER shall lieentitled to an appropriate docteese in the Contract Price,
and if the Ixrrtics tiro unable to ngwc as to the aunount
thereof, may make a claim (hcrofor aS provided in
>rlicle 11. If, however, such \Mork is not found la be
do%ectivs. CON '1'RACI'OR shall be allowed an increase in
lw Clonlracl Mice or an extension of the Contract Tinley
for Milestones), or Mill, directly attributable In suoh
)7
uncovering, exl?osure, observation, insixcion. testing,
replacement and reconstruction; and, it' the priie.s aro
unable to agree as to die amount or extent then:(.
CONTRAc roiz nary make a claim therefor as provided in
Articles I I and 12.
Off NAR May Stop eke Work
13.10. If the Work is defective, or CON'1'RnAC'M fails
to supply sufficient skilled wurkca's or suitable materials or
equipment. or fitils to furnish or perform the Work in such a
\say first the amrpleml Work will conform to file Contract
DOCUMCnta, OWNFR nhay order CY)N'I'kACI'OR to stoe
p
Lite Work, or any portion thereof, until the cause lia" sut
order has been eliminated, ho\vever, this riw of OWNIiR
to slop the Work shall not give rise In ;any duty on the part
of OWNER to excmise this right for the benefit of
CON"f RAC'I'OR or any surety or ether party.
Correction or Kcmmvrl nJ'De/icrire IVorlr:
13311, If required by IINGINHIiR, CONTRAM OR shall
pnuwgnly, as directed, either correct all de/irclivo Weak,
whether or not fabricated, installed or completed, or, if the
Work has horn releded by FNGINI;kR, remove it from the
site and replace it with Work that is nil d{/eclive.
CON'I'RAC'I'OR shall fxny all claims, costs, Iotscs and
danlzges amsal by 01 rendting from such correction or
removal (including but I'll lino reed to all costs of repair or
r eplacemenl of \vork of others).
13.12. Correction Period;
I.i. 12.1, If within one-year ton wars after the date of
Substantial Completion or Well longer pedal of tittle as
nmy be prescribed by Laws or Reguhmions or by the
corms of any applicable special guarantee required by
file Confiner Docummu or by any specific provision of
the Contract Document' any Work is found to be
4 fee iv e, CON I R AC'fOR shall promptly without cost
to OWNFR and u) accordance with OAVNGI2's written
instructions: (i) correct such k/ecrive Work, or, if it has
Loren rejected by OWNER, je.movc it from the site and
replace it with Work Thal is not defective, and (ii)
satisfactorily correct or remove and replace arts damage
to other Work or the work of others resulting thercliom.
If CONIP,W,'I OR Aces not p sliptly comply with dto
teens of such instructions, or in an emergency whero
delay would prose wrings risk of loss or chnuage,
OWNER cony have the rkRclive Wort: corrected or the
rejected Work removed and replaced, and all claims.
C051s, losses trod damages causal by or resulting Gent
arch removal and replacement (including but not
lint ilea to all costs of repair or replaceanoil l of work of
,)titers) will tv foill by I ON'rRAC 'fOR.
13f2.2 In special circumstances where a particular
item of equipment is placed in continuous service
lxfore Substantial Completion of all the Wort:, the
corectiun fx.riod for thin item may slarl to run front mt
earlier (Lite if so provided in the Spedficufions or by
Written Amenchncnt,
I3.12.3 Where d;Jeelire Work, (and damage to other
)h L1GUC'UIi1aLIb1LC'OM1'DI'IlOM151'JI0.S (1'a')O LJitinO
wv. CITI'Ur FOa'ICOMAN5 MOD11 WAI'I ON)IRIN1,6 000)
Work resulting thelefinm) has been corrected.
removed or replaced under this farigraph 13. 12, file
corection period heremulcr with rcspccl to such Work
will be extended for an additional gonad of ems, -year
,move=B after StWh correction or removal and
replacement has Iwn satisfactorily completed.
: Impl0rce nfDefec ive IN'okr
13.13. It. instead of requiring cot [scion or removal and
roplaccmonl of deAcove Work, OWNLI2 (and, prior to
LNGINLLI2's recommendation of final paynten6 ale)
HNGINh'FR) prefers to necept it, OA\+NIiR may do so
CON'fRAC,'1'OR shall pay till claims, costs, losses and
damages mn'ihumhlc In OWNHR's cvnluafion of and
local illation (1) accept such dtfL'clMe \Work (such costs to
lx approval by HNG1sNLiLRas to reasonabknessj. fully
such acceptance occurs prior to kWINIi12l2's
Iaconunendation of final fxtymcnl, a Change Order will he
issued incorlxarming the nese&wy revisions in the
Contract Documents with respm to the Work, and
OWNER shall N , entitled to an appropriate deemiso in the
Contract Price, and, if the parties are unable to afacc as to
the amount lhereot; OWNHR cony make a clean therefor
as provided in Article 11, If the acceptance occurs rider
such DeWaloleodatieq nn appropriate amount will he paid
by CON I'RAC'I OR to OWNFR_
OWNCR Jhgp Con"eer Defective fl'orli:
1114. If CONTRACTOR fails wilhin a reasonable time
after written notice front HNUINI IkR to correct delroive
\\fork or to remove and Ie.plsee 101Oct cd Work as rcquircd
by IlNG W HER in accordance with paragraph 1111, or if
CON 'RAC 'OR fitils to gaxlia m the Work in accordance
with the Conflict Documents, or it CON1 RACI OR mils
In comply with any other provision of the Contract
Documents, OWNER nrey, alter seven days writell
notice. to CONTRACTOR, correct and remedy any such
delicieney. In exorcising the rights and remedies under
Ibis paaaglaph OWNER ",half procecd exlWaiously. In
connection With such conreCtwe and remedial action,
OU+NLR may escudo C'ON'f1LV<"I'OR front all or Ixart of
rho site, lake possossion of all or part of the \Vork, and
suspend IX)N'I'I2:\CIOR's services related( thereto, take
llossession of CON"IRAC'TOR's fools, appliances,
construction equipment and nmchiney al the site 'and
incorforute in the Work all materials and equipment
store([ at Lite site or for which OWNFR has paid
CONTRACTOR bill which are shNed elsewhere.
CONTRACI'OR :Jlall allow OW''?yl3R, OWNIPR's
roprescn4nivei, agents and anp[oyces. OWN01Z's other
convactors and ENI GINFI R and LNGINLGR's
Comullants access to the site to enable OWNFR to
exercise the rights and remedies under this 1xinigraph All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising, .such rights and remedies will be
charged against CON'rRAC'TOR and it Change Order will
Itc issued incugwruting the necessary revisions ill the
Contract Dcaumcnis vviah respect to Ate Work; and
ObUNP,R shell tk entited to an appropriate decrptso in the
Conflict Price, and, if the parties arc unable to agree as to
Lite amount Thereof; OWNER may make a claim therefor
as provided in Aa'licle, I I Such claims, costs, losses end
damages will include but not be limited to MI costs or
n•,lxair are replacement of work of others destroyed or
cLmiaged by conectiolt rcnrotrel or replacement of
CON�f12ACTOI2's dgfectins U+ark. ('ON'1RAC'I'<1R shrill
not be allowed an extension of the Contract 'riles (or
Milestones) bemuse of any delay in )vrtormance of the
Work altribulable to the exercise by OWNll12 0l OlVNP12's
riJas and remndias huuuxlor.
ARTICLE 14--PAYN IEN'I'S TO CONTRACTOR AND
CONP11111TION
Schedule if Values..
14.1. 'flit schedule of values exfablished ns provided in
lxuagraph 2.9 will serve as Elio taxis for progress paynunts
and will Iv incorlxxatcd into ;I form of :Application for
Payment accoptuble to ENGINIIGR. Progress ptynnenls on
nccounl of [hair Price Work will he based on the numlxr of
units completed.
. Ipplicnriin fir Trigraw Yal'NCuf
1432 At last «veiny, days IVIore. Ile daft esmhhshed 1Or
each progress payment (hut not Incre often than once a
month), CON'rRAG'r0R shall submit to IiNGINEhR fix
review sn Appliultinn frn Pavnfcnt tilled out and signed by
CON I RAC I'( lI covering the Work completed as of the
date of the Application and accominnied by such
supposing dlxumentation as is required by the Conuaet
D'Vunaents. If payment is requested on the basis of
materials and equipment nor incopwnaai in the Work hill
delivered and mEtably scored at the site or nt another
Ibcnion wired to in writing, the Application for 1'1valcat
shall also tvz accompanied by it hill of sale, invoice or other
docunaenmlion wnrraNing thin 0WNIiR has received Ihe-
materials and equipment freeair(] clear of all liens and
evidence that the materials and equipment are covered by
appropriate properly insurance and other arrangements to
protest OWNGR's interest therein, all of which will bo
siltisf'aclory to OrMlR. 'I lie amount of remimage with
reslxct to pl000lss Iavalents will IV as stipulated in the
1r reonaua Any. Itinds thin fire Avahheld by the. OWNER
hall not Ix. ,,It ct Vo sybstitmon I)v the CO\ I R \C CQI2
merit securities or tiny arnngemenls involving an escrow or
ursW(hanship. By nccuting the application for paymonl
loon the CON IT \(.10R exl icaslo wale, lux light it, the
It•ne(ils of Colorado Rat iged SI Out 9, Section 24-91-I01,
of ycq..
COMM ICTOR2 v li'nrrmth' if fide:
143. CON'TItVC'COR warrants and guarantees flat title
to zdl Work, materials and equipment covered by any
Application for Payment, wholhcr imorlwraned in the
Project or not, will Iwss to OWNItR no later than the IimK
of fetymenl free end Vista of all Liens.
2v rive of.dpplicrtriw+a'/Lr Progress Pgpmenr:
14A. hNG17s EhR will. within tell (frpre after receipt oC
each Application for Pnymont, either indicate in writing a
P..R'OC'(iI: hFKAI. CX �NDI 1101a$ 1911)S 11990Hdiimo
W CITYOf FO1t1'COLI,INa UO aIIn<;AIWV6 (RIiV J2Vee)
ru:onl Ill endatioll of f ayntent and or the Appl leg tion
to OWNGR, or return the Applicnion to CON "I R;AcToR
indicating in writing fiNGfN'LIlR's reasons for refusing to
recommend paymcii. In the loner case, CONTRACTOR
natty MAC the necrssnry con'ections and resubmit the
Application. 'Iron drys alter precenta ion of the
Application for Payment to OWNER with hNCINItI;R!s
recommendation, the anl.ounl recommended will (subject
to the provisions of file Last sentence of nagraph 14.7)
Ixctnni+ due and When clue will be trend by OWNhK to
CONI RAC'fOR.
145. IiNGINOi R's recommendation OI env faymem
reIII.WS d in tin Appliwlion for Payment will constihae It
rcpmmntramn by hN(31'dlil?R to OWNIN, lased on
nNGINIip.Rk on -sale, observations of the executed Work
as till eslwrienced and qualified desiyvt piolessionul andon
ISNOINkM's review, of the Application for Payment and
the acconmpunying data and schedu[es, that to ncc txst of
hNGI N kHR's knowledge, infoimntion and hclief,
141] the Work has progruswd to the trine
Indicted,
14_12, file quality of the Work is gcntrally in
accordance with the Contract ]),.union(s (subject to
it, ev:dmuion of the Work as a functioning wholo
priorIn or upon Substantial Completion, to the lesuhs
of any subxquent tests called for in the Contract
l hwualuas, to a final determination of qunnotiec and
elnssilicit ions Ihr knit Price Work I,)m(let-
lxaingcfph 9.10, and to:my Other qualifications stated
in the I Cromatendntion), and
14_5,.i. the condition% precedent to
CONI'RACI'OR's being entitled to Ouch payment
aplwar ha have been fill Glle1 .insofar as it is
IiN'<31NGGR's eeslx)nsibility to observe the Work.
flomovc, by neeanunending any such Inrynrma
I'M NLIlR moll not thereby be deemed no have.
represented that. (i) &Chausui e or eonlinnous on -site
inslxations have been glade to shook 111e qunllh or the
quantity of the Work I> yond the tcspansibilities
slxcitically assimaed to ENGINLER in the Contract
Dceum<nls or (if) that (hue may not be other matters or
msiIC5 between the pitics that might entitle.
CONTRACTOR to be Emil additionally by OWN FR or
entitle OWNER to withhold payment to CO\, rRAC'roR.
14.6. I N( M:ER's recommendation of any payment,
including Gnu] peyalont, shall not Inean that hNGINllhR
is reslx)I for CONTRACTORS memos, mcthtxls
techniques, sequences or procedures of contEnrstion, or
the .vd'cty precautions and programs incident thereto, or
Cor any failure of CON MAC FOR to comply with Lows
and Regultnions appliafblc to the furnishing or
Iudbnnance of Work or Cor any, failure of
CON'1'RAC'fOR to perform or IumiJm Work in
accordance with (lie Contract Uoeunments.
H T IiNGINIiRIt may I'efose to recommend the whole
OF any part oC any payment iC in ENGINHLR's opinion. it
would be incorrect to mated tilt ryxcWntatians ro
29
OWNER iefened to in lnngiaph 145, ENGINUP into,
also otiose to recommend tiny such payment, or, because of
subsequently discovered evidence or the rosulls of
subsequent Inslxctions or tests. nullify any such payment
previously rcconnnended, to such extent as may Ix
nece,eery in HNGi NIikR'.s opinion to protect OWNER
from loss because:
14.7.1, the Work is detective, or completed Work hors
been diutlmge(I requiring eerr xlli)ll Or ropLwroneul,
14.7.2. ilia Contract Price has Ivan reduced by
Written Amendment or Change Order,
14.7_4. OWNER has heen required to correct
dr(acove Work or complete Work in aeeordancc with
Ixuauaph 1114, or
14.7.4. ENGINEER hits actual knowledge of the
occurrence of any of Iho events enunmrntnd in
Imntr raphx 15.2.1 thr'ougli I=.2A inclusive.
OWNER may refuse to make payment of ilia lull amount
recommended by ENGINEER Iwcauser
14.75. claims have horn made against OWNER on
account ofCON Ioerinnnancr, or I'umishiny+
of tile Work
14.7.6. Liens have lvisi fled in connection with ilia
Work, osmpt where CON 'I'RAC ''OR has delivered it
specific Raxl sausfhclon to OWNER to scouro tha
satisfactionand dischnow of such Lianig
14,T7. [here tire )that itcmeentitling OWNHRtoitsct-
oif against file tintpunt recomnnended. nr
1.1.7.8. OWNER his Mimi knowledge of ilia
occurrence. of :ni)• of the events onunwraWd in
paragraphs 14.7.1 through 14.73 or parigraphs 1521
through 15 14 incluana,
but OWNER must give CON'MAC'fOR immadwe
wl'itten notice (with a ropy to f•NOINEIT) stating ilia
reasons liar such nation and promptly Wxty CONTRACTOR
the milounl so withhold, or any adjusollent thereto agreed
to by OWNER and CONTRACIOR when
COAI'I'RAC1'OR comets to OWNE',R satishmion ilia
reasons for such nation.
Subsianlat Completion:
14.5. When CONI'R W fOIZ considers the entire, Work
fat(IV for its intended cox CONfRAC'FOR shall notify
OWNER and ;NGf7EER in writing Thal the. entire Work
is substantially complete (except for items specifically
listed by CON 'I RACTOR as inc)mpleta) and re'lu •sl that
EN+G WhER issue a Certificate of Substantial Completion.
Within n reasonable tittle IhoreIRC], OWNJ J&.
CONTRAC•'I.OR and EN61NaER shtdl makean msilaesion
Of the Work to detennino the smuts of completion. If
F)"GINFU does not consider the Woni< substantially
complete, ENGNEER will nosily C'ON'II2ACMR in
writing giving the railsons therefor If kN'UINEFR
HCDCMINNUMXONDI'1'IONS 19108(1990E,hi t)
30
11l C 1 I f OF FORT (:0U,1 v!i.MODII WA I IONS (RIN {R000)
considees the Work Substantially complete, ENGINEER
will prepare tmd deliver to C)Wi9E12 a tenuuive certificate
of Substantial Completion which shall fix Ih< date of
9uhminlial Completion. Thera shall Ira atached to the
certificate a tentative list of itenis to be cwniplcle(I or
aonected bet'ore final payment. OWNPIC shall have seven
days after receipt of the tentative cerlilicalo during which
to mike written objection to ENGINEER as to any
provisions of ilia certificate or attached list. If, idler
considering such objections, FIXOINhER concludes that
the Work is not .substantially complete, ENGINEER will
within fourteen (lays after submission of ilia tentative
cartificwm to OWNP:IL notify CON I'RAC: fOR in writing,
slating the reason,; thereto r. If, after consideration Of
OWNFWit objections, h:NGINFI?R considers the Work
substantially complete, ENGINEER will within said
fourteen days execute :aid deliver to OWNER and
CON'I RAC'I OR it definitive certificitn of Substantial
Completion (with it revisal tentative list of items to be
completed Or conected) retlecting such changes front the
Icnullrve certificate as ENGINEER belicvesjusuhc(I after
mnsidcretioil of any objections from OWNER. At the
tittle of delivery of the tentative Certificate of Substantial
Completion PNGINFER will deliver to OWNER and
CON "I'RAC 'I ON it written reconunm (Lalion as to division
of reslxmsibilities pending final payment Mween
OWNhR and CON'fRAC'I'OR with respect to smility,
Operation, safety, maintenance, heal, utilities insurance
and wamanths aril guamntres. Unless OWNER and
CONTRACTOR agree otherwise in writing and so Intinnn
FNIGINkHR in writing prior to HNUINIM's issuing the
definitive certificate of Substantial Completion,
ENCINEhR's a[•oresaid recommendation will IV binding
am OW'N FR and CON 1R,V' fOR until f inal paynientL
149. OWNER shall have ilia right to exclude.
COM RAC'I OR finnn [he Work after ilia date Of
Substantial Completion, but OWNER shall allow
(OidTRAM OR raosonubla access to compete or correct
items on ilia Icnla[iva list.
Partial Uttli✓Dion:
14.10, Use by OWNER at OWNI-,R's option Of an)
substantially completed pan of the Work, which'. (i) has
slwcifically been identilied in Ilia Contract Documents, or
(u)OWNER, ENGINEER and CONTRACTOR agee
constitutes a s'opurately functioning and usable pert of the
Work that can ba used by OWNER for its Intended
purlxose without significant with
CON FRAC'fOR's prfonnnnee. of (lie remainder of Iho.
Work, may bu accomplished prior to Substantial
Completion of all the Work subject to ilia following:
14.19. LOWNI3R 91 any lima ntav request
CON"IR;WTOR in writing to Immil OWN R to use
uny such Ixin of the Work which OWNER believes to
Ie ready for its mended usa and substantially
complete. II CUN'CRr1C'I'Oli agrees that titiwh taut )1
the. Work is substimtinlly campktq CON fR:AO'fOR
will certify to OWNER and ENGINEER that such
Izart of the Work is substi+nlially eompletc and r quest
ENGINEER to issue it certificate of Sullsto-mtial
Completion I'or that pill of the Work.
CYNTRACTOR at any time may nonly OWNER and
I,IQG IM-TR in writing that CONTRA( FOR considers
any such part of the \Voile ready for its intended use
till(] substantially complete art([ request ENC WRIER to
Issue a cUl'Iili site Of Substantial Completion for that
Ihrt of the Work. Within a reasonable time offer either
such request, OWNHR, CON IZAC'I'OR and
ENGINI'ER shall make an inspection of that Isut of
the Work to detetnine its status of completion If
ENGINEER d(a•s not consider Glut part ofthe Work to
he sulxtantially complete, UNGRJGER will notify
OWNIiR and CONI'RAC•'TOR in writing giving the
reasons therefor. If IiM;Pgl kR considers that frt ql'
the Work to be substantially complete, the provisions
of lw m ;raphs 148 ;uu] 141) will apply wish reslvm to
certification of Substantial Completion of that part of
the \Volk and the divrsion of rosponsibilily in rslcct
thereof and acec.cv thereto.
1410,1. No occulrnncy or separato operation of part
of the Work will be acomplishod prior to compliance
with the requirements of f oragraph .5.1.5 in respect of
p olxrty insurance.
htnal Lrapection:
14,11 llpon written notice from CON I'RAC 'I ON that the
entire Work or an agreed lwrtion thereof is complete,
LNGINI:ER will make a final inalwaion with OFVN&R
and ('ON'I'RAC 'I -OR and will notify CON, TRAM OR In
writing of all particulars in which thin inspection reveals
[hot the Work is incompeto or d{/eehve. CON"IR:ACTOR
ALA innnediately Inks such n eicanes its arc nccesiry to
complete sUCh work or rene(ly such (lellciencits.
fTrvd ,1 pplicntion for PgrmenC
1.11:. Alter CONI'RAC'I'OR has completed all such
Correcdiuns to the s;uislimtion oCIdNGINEER and delireed
In nccord:a eo with the Contract Doca re is all
maintenance and olwralmg ImIl'uctions. schedules,
guarantees, Bonds, certificates or other evidence of
itu'tuaace iequiml by yongpaph5q, certificates of
inslcetion, marked -up record documents (as provided in
pangmph6.19) and other da:unhenta CONTRACTOR
miry make nppliculien for final payment Ibllnwing the
proadore fur prdx;rass payments. 1'lie t11111 App)icnnon for
Pavnlent shall re amonnlxnied (except as previously
delivered) by: (i) all documentation called for in the
Contract I?drllments, including bui not ]muted to tlw
'•vidence of insuraice required by subparagraph 5.113,
(u)consenl of the Surd%. If ally, to final I"ciynrelt, and
(iii)cumplcle and legally effective rr.leaaes or waivcns
(satisfactoy to OAYNlili) oCall liens arising out of or filed
in coni-mion with the Work, In luau of such releases or
waivels of I'alis and as approved by OWNER,
CON 'I'RAC I'OR may arrnl.sh iecripls or releases in Cull
and affidavit of CON "TRACTOR Iliac (i) the releases and
receipts include all Iat?or, services, naterial and equipment
for which a Lien could be filed. and (if) all payrolls,
nrateial and aluipment bills, and other indcbtnlness
connected with the Work for which OWNRR or OWNIiRti
pmlxrly night in any way be asponsiblo have been paid or
othenvlci satisfied. I f any Subcontractor or Supplier fails
tWI)C ULNERAI, CONUfi'I0,M 1910-a I I990 Ldiliall
led(I'I'1'OYI(At I torum VI(OIIi I9 CA I'IONSorr .aROUur
to furnish such a Ideme er recelpt in full,
CONTRACTOR may furnish a Bond or othe collateral
satisfactory to OWNI>R to indc unify OWNER :against
any Lien. Releases or waivers of I_ims and the. conunl_of
th' -sun n to favalizc1myni ent_atc to be subinred _Ice
fortis con ton), Ing to the fom?itI Of'( lie OWN' I:R'S standard
fimns bound in tile. PAJCet manual,
Film( Par ment andAeceptance:
14.13. If, on the basis of ENCINEfR•s observation of
tilt Work daring construction and final itulxction, and
I iNGINFER's revieiv ofthe final Application for Payment
cord awominnying doeanelW4Un as required by the
Conlraet Documents, IiNGIN NZ is satisfied that the
V%<)Ik has been completed and CON RAC IOR'.s other
obligations Under the Contract Documents have Ixen
talfilled, NNGINMT will, within tell (Lays after receipt of
the final Application for Payment, indicate in writing
EN(il NliliRc recommendation oC fxhyment and present
the Application to OWNTR for lraytnent. Al the wore
lime-8NGINIdiR will also,k o written noticeto Ol4NIi12
and (,ON'] R.4C I OR that the Work is acceptable subject
It) the provisions of prag aph 1115. Otherwise,
IiNGINHER will return the Application to
CONTRACTOR, indicating in writing the reasons fix
rolLsinn Inrec:onimend final Ixnymcnt, in which case
CON'f R AC'OR shallnnakc the ncccssmy con'cctioas mid
resubmit the t\pplicalion. 'Thirty days lifter presentation It,
OWNIiR of the Application and aocriapallying
docuill entalion, in appropriate form mid substance and
with hNUIN'HIVs r commendation and notice of
naoptability, Iha amount reconuncnded by ENG IN EI3R
will become due and will Iic paid by OWNFR to
CONI'R:\CI'OR sglj_xt {n _.Ian pgi:;q\h" IT62,.Of these
Ggny icondrions. ... .-
1414. Ill throudl no fault of CONTRACTOR, find
tonnpktion of the Work is sigrnbcanfly delayed and if
ENGINEER so conlinus, OWNER shall, ulx?n script of
CON'I'RAC'I'OR's final Application for Paynnent mid
recommendation of IiNGINEIiR, and without terminating
the :\grocmenl, nnake payment of"Iha balance due fix that
Ivaion of the Work fully complete(] and accepacd. If the
reamining balanco to be held by OWNIFIZ for bVoik not
filly completed or corrected is less than the rotainay
stipulated ill the Agreement. and if bonds have been
furnished asrequired in paragraph 5.1. the written cotrmnn
of the sureg• to the pin in Lilt of the balance due for that
l?ortion of the Work fully completed and acceptedl shall be
submitted by C'.ONTRXTOR a) fiNGIN1ER with file
Application for such ptyment. Such payment shall be
made order the tents and conditions toverning find
payment, cxcepl that it shall not constiture a waiver of
claims.
I vaiver of C'Inbns.
14, 15. '1'hc making and acccpt:mco of Coral payn(all I%ill
constitute:
14.1,51.a waiver of all clamis by OwNwI against
CONTRACTOR. except claims arising -front
unxdticd Liens from doloclive Work aplxaring offer
31
final inspection pursuant to paragraph 14.11, from
fitilure to comply with Ilia Conluefl Documents or the.
lens of any special gummnw,f; specifwd lhercin, or
from CONTRAC AZ's continuing obligation under
the Contnwt D(1cdlnielllS; and
14.15.2.A waiver of all claims by CON] lb\C'I'OR
against OWNER other than Ioso previously nmde in
writing and still unseltkd.
ARTICLE 15 SUSPENSION OF WORK AND
'i'VI2,\I IRATION
OIP'NEW J9gl, Simpend Nolte
1 i.1. At any lisle and without cauw, OWNER may
suspend the Work or any portion thereof for a pen xl of not
more dam ninety days by notice in writing to
CON 'I'RAC'I'OR and kNGIN ;FR which will fix ilia date
on Which Wnrk will he t'esumed. CON 1 RACI'OR shall
resume the Work on ilia date so Ilxa(I. (''ON'I'RACI'OR
shall Ix allowed an adjustment in the Contract Price fur an
extension of the Contract 'fumes, of both, dimclly
auributeblc to alp such suspension it CONI'RACI'OR
makes an approved elniln thelehx as provided in
t\I tieles I I and 12.
OWNER ddnp 7'eruliunte.-
I's2, 1 jpon the occurraice of any one or more of the.
following m ants.
I i.3.1. if CODi'f 12t\Cf OR lxnrsistently foils kn lx-rConn
Ilia Wollr ill acconlance With the Cofaiti Y Documents
(including, bill not limited to, failule to supply sufficient
skilled Workers or malable materials or equipment or
failure to adhtle to the PJ Tress schedule established
under paragraph ?.9 as adjusted from lime to lisle
pursuant to per,luaph 6.6);
lie?. if CON'I'RACfOR disugards taws )r
Regulations ol'any Public body havingjuI isdwtion;
I i,2.3. iC CON'1'12t1C'1'012 disregmels Ilia authority or
l3NGIIQEER, or
154. if CONTRACTOR otherwise violates in any
substantial way any provisions of Iho. Contract
I)ocunients,
OWNER niny, after giving CONI'RAC'fOR (and the
surely, if any) seven days wI itten notice and to the e_xient
Iwrntittad by haws mod Regulations, to minate the services
of CON,rIZ:ACI'OR, exclude CON"I'RACTOR from ilia site
and take possession oC the Work and of all
CON IRAC 'I OR's tools, appleuwcs. construction
equipment find machinery a1 the site and uw Ilia .same to
the filll extent they cotdd be used by C'ON'MAC'TOR
(without liability to CON'I'RAC'IOR tintreslxsss or
conversion), incogxomle in the Work all Ilonerials find
a(IMPramt stored at Ilia silo or for which OW'NHR has laid
19CUC' gENlia:Ah CO!aUl'I'1ONS I? I e-S fl?90 8aitiev0
32 w/l 11YOff014'I' COlt.l %S,FI UUIFI CA I IONn(RI,V IC1 ae1
.,O). 'R4C'I'012 but which arc storovl clscwhere, a,,I
finish the Work as OWNrli12 niny damn cslwdienl. In such
vise CON'I RAC'IOR shall list lxr entitled to receive flay
further Inryntent until the Work is finished. If the unpaid
1XIN11ee of the CUlilmet RICO exceeds ill claims, costs,
losses fund dmnagas sustained by OWNER arising out lit
or insulting from completing the. Work such execs will be
fnid to CONTRACTOR. If such claims, costs, losses and
damages exceed such unpaid halance, CONTRACTOR
shall pay the difeicnw cl to OWNER. Such aims, costs,
losses and danulga:; incurred by OW'NI312 will be reviewed
by ENGINEER as to their reasonableness and when .so
approved by IiNWN9iR incorporated in fu Ovinge Order,
movill Yl dint when exercising any rights or remedies
under this paragraph OWNER Still] not bt "juired to
obtain the lowest Price for the Work performed.
153. Where CON 'I'RAC 'I'OR'S ,an ices have Ixen sn
lorminakd by OWNER, the termination will not flIIect
aria rights or remedies of OWNER against
CONTRACTOR than existing or which may llwreuticr
acenle, Any retention or Wlyalent of nunncys due
CON'h12n\(CI'OR by OWNER will not release
CON 'I'IZACI'OR from liability_
15A them wren days' written notice to
CON'I'RAC'I'OR and ISNOINEHR, OWNI?R ntay,
without cause fill,] without prejudice to any other I ight or
remedy of OWNI3IZ, elect to term inate the Aeretmont. In
such case, CON'IR JON shall ha paid (without
duplication of ally items).
I5 d.l Iix completed mii aaaaplable Work executed
in acc raful with the Contract Documents prior to
ilia eflcctive dine of t llinnation, including f fir and
wasonnble sums Ibr ove,hend and pnift on such
Work;
15.42. Cor expenws sustained prior to the affective
date of termination ill IxrConuing services and
banishing labor, trawnals or equipment as nequued
by the Contract Documents in connection with
uncompleted Work plus INa and ro<isinlabla soots Isr
ovcrlwad and profit an such expanses,
1 i 4.3. fur all chums, costs, losses and denulges
intuited in settlement oI millinmed contracts with
Subamuactorn, Suppliers and olhcls', and
IiAA. lot reasonable expensos directly attributable.
to tenllinatiotl.
('ON'I'RA(MIZ shall not Ila paid on account of loss of
anticipated profits or revenue of other economic loss
arising out of or reselling from such tens ina(ion.
Cl1NTR.4C%'Olt :14?p Smp Htnrlr or Terrrrinnre:
I55. If through no lick or tilull oCCONI'12ACiOR. Ills
Work is suspended for a Ivricxl of more Ihari ninety Jays
by OWNER or under an order of court or other public
authority, or PNIINNi k Nils to art on any .Appliention
for Payment Within thirty clays after it is submitted or
OWNER falls for thirty clays In Pay CON 'I'RACI'OR nay
sent finally detennined to be due, then CUNTRAC-'I'OR
["fly. upon oven days' wriken nolice, In OWNER nod
LNIiINCiLR. turd provided CiWNLIi or ).iNe71NC;;GIt do nW
rcntedy such suspension or failure within !lilt( lime.
terminate the Agroanent and recover Bane OWNER
payment on tho same leans as provided in psnragmph 1 -1.
In lieu of Wrininating the Ageenrent and without prejudice
to any other right or rcntedy, if GNOIN ER has laded to
rcl on an Application Cur Payment within thirty clays altar it
is submitted or OWNER. ]ills failed for thirty days to pip'
CON IRAC7.OR filly sum finally dewmiined to be due,
COWRACI'OR may ulon .seven ditps written notice to
OWNER find I;NGIN1;HR stop the Work until fla"nent of
aril such amounts- due CONTRACCOR, including interest
thereon. 'fhe provisions of this paragraph 155 are not
intended to preclude CONTRACTOR from making claim
under r\rtido I 1 and 12 for an increase in Comae! Price
or Contract 'fines or athcnvise for exjxnses or clamage
directly attributable to CON'I RAC'CORs slopping Work as
penniticd by this lrnragr ph.
ART RA,E Ifi—DISPUTE. RESOIX HON
II and to the Merl that OWNIT and CON"I'RAC ''OR
have agreed on the Incthod and proctdwo for resolving
disputes between them Ihrt Ivry arise under this
Agrecnenl, such dispute resolution method and procedure,
if tiny, shall he fix set forth in Hshibit(W-A. "Dispute
Resolution ALnrccment", to Ile fiteched hereto and made a
fbn hueoC. 11' no such azismilent on the Ilmhod find
procedure for resolvinn such disputes has been reached,
and subject m the provisions of palagmphs9 10, 9.11 and
9.12. OWNFR real CONI'RAC'COl2 may exercise such
rights or remedies :as eitlsltnay otherwise have under' the
Conlroct Documents of by Laws of Regulations in resxct
of any dispute
:U2'1'IC'I,I? 17--tAIISCI3I.L=NLB0US
Giving Notice •
17.1, Whonever any provision of Ilia Contract
Doctancrits require, (lie giving of written notice, it Avill he
deelawd to have been validly given if dehvorcil in Ixfson to
[lie individual or to If member oC the firm, or to an officer oC
the Corp inmon for whom it is inlcnded, or if ddivcrcd fit or
sent by regker sl or certified mail, postage prepaid, to the
knit business address known to the giver of the notice.
17.2, Computation a%Time'
17,11. When fifty perioe[ of tine is referred to in the
Comae! Uamntmns by da):s, it will be computed to
seclude the first and include (lie. Ifrst clay of, such
Ismael. If the Iasi clay of any such Ixriod lidis on it
Saturday or Sunday or on it day trade if eGal holidly
by the law of the applicable jurisdiction, ouch cby will
Ile omitted from the coniputfilion
17.21 A calendar day of twenty-four hour.; measured
front no6liallL to tine neat inkniyht will contstilule it
clay.
;\'otce o,"Clulm:
17.3. Should OWNER or CON I RAC1'OR .s'.dfor injury
or danruge to 1xrson or prollerly Nccausa of any error.
omission or fiat of Ihe other pally or of any of lho other
paro's employees or agents or others for whose loss the
other party is legally liable, claim will be made in writintt
to the other Marty within it reasonable time of the first
observance of such injury or dumnge 'Cho provisions of
this paragraph 17 i Sim If not Iw corwrenxi as n Sutxtiwta
fort- of a waive' of Ilse provisions of any applicable Sistine
of limiultions or I epose.Ctunulah, a Remedies:
17A. 'Cho duties and obligations imposed by these
Gcnu'al Conditions and the rights and remedies fivaflahlc
hereunder to the parties herrlo. anti. in particular but
without linlimtion, the wnrranties, guarmnces and
ohligetions imfloscd upon CONTRACTOR by
lxtmgmphs (i.12, d.l G, 630, 6.31, 6.332, 11 L 13.12, 13A 1,
143 and 151 and all of tlnc rights and mimics available
to OWNER and FNGINFER then'cunder, fire in addition
to, in([ fire not to Ile construed in mry way us ;I limitation
of; any rights mud remedies available to arev of fill of them
Which are otherwise imposed or available by Laws or
Regulations by speci:d wrm'anty or guanmtec or by other
provisions of' tile Conuam Dcannents, and the provisions
of this paragraph will be is effective as if relented
slxcifically in the Contract Do;uments in co icelion with
each pstrtiLifir dot%', obliption, right and remedy to which
they apply.
Pro(avvional 1• ea afrd Court Covty Included:
17.5 Whenever n3erence. is nude to "claims, costs,
losses find delnfigcs', it shill include in cash case, bill not
lx lira led to, off fees find chalges of rnallims. architects.
a%mcys find other professionals lilt[ fill court or
arbitration or other dispute I osolution aostx.
1 ZG. l'he Imes of the State of' Colorado. apply jo this
:lgrument. Reference Lo pep f orlinent Colorado statutes
fire as follows;
IT6.L Colorado. Revised Statues (CRS 11-17-101)
rciuu thyt-Colort h Inbon be clnj)joyC to _ xi rliann
Ihe. Work Ifi. the extent of not lass then bU percent
Silo) o1L yudj-jYfx cr Hass_ II),60r in Ihe SCvCCffd
elms I fie cons of Skilled andnunon labor amploed
on the hrojecL_(,'qlt>nlJi�_IrlxxJllg}IIg}_?my..txrson who
is if Iona fide resident ofthe Slate oL Colorsdo ;it the
limo of entPloynxn4 wrthoM1 dis9rnnrndion as to face,
color, cr djige,jhglon or fix.
17.6.2. if a cla nt Is filed .
OWNER is nck1kni t
law (( RS fi ]G_107) to withhold front ail Iso,j tens to
CQN11'AC tofu, sufL�l,nt__C_unds to ittgigc.,_the
frynt nl of fill claims for labor mat finis trim hire,
imid tmw.got_iled Protcoder of l'OR upp igti
quid or nyxum (1 lit CUK�II \( IOI:nr his
ucu(x;r.Nut:w coNDritons t'll rs t f am) ttuhlcvn 33
,r/ (1 I Y OF FORT COMAM iAIOUII WA IIONs (REV 1,2000)
XI)COFNLRALCONDI I IONS O W'S(MO GJiom)
34 I
o9C11'Y OF FORT COLLI AS MODIFiCA'I IONS OUN i/2n00)
12. Review and Assessment.
Construction firms will be evaluated on the following qualification criteria. Criteria will form the
basis for rating of written proposals as well as oral interviews. At the option of the City, firms
may be invited for interviews.
Rating scale will be from 1 to 5 (or 10, depending on maximum possible points), with 1 being a
poor rating, and the maximum possible points being an outstanding rating.
POSSIBLE
POINTS
QUALIFICATION
STANDARD
MAX -MIN
Scope of
Does the proposal show an understanding of the scope of
10 1
Proposal
the project, methodology to be used in the construction
phases and the results that are desired from the project?
Assigned Project
Does the proposed team have the necessary skills and
10 1
Team
experience to fulfill the requirements of the project? Are key
staff available to do the work?
"OSHA Illness/Injury Rate", "OSHA Lost Work Day
5-1
Safety Record
Incidence Rate" and Workman's Comp. Experience
Modification Rate Insurance Multiplier.
10-1
Firm Experience
Has the firm worked on projects similar in scope to this
project? Was this work of a high quality in nature?
10-1
Construction Cost
Do the proposed construction costs compare favorably with
Factors
industry standards and other firm's construction costs.
10-1
Firm Capability
Does the firm have experience, equipment, manpower and
finances to complete the work?
Construction
Do the referenced projects reflect favorably in respect to
10-1
Performance
completion within the contract schedule, cost and number of
change orders and claims
5-1
Motivation
Has the firm shown an interest in work and a commitment to
the successful completion of the project?
References will be considered and ranked as satisfactory/unsatisfactory.
Utility SA WO rev06/07
('This page Iclt blank intentional lyj
GCOCOhNBRAL CONDI HON.S 191OS 11990 uditmo 35
wl CIIT OF PORT COLLW� MOD119CA I IONS WE V-12000)
IGCUCO'ENHKAI, COMA HONS 1910.31I990J'd,( ,I
3G "(IIYOFFOR 'I'(A)HA .N M 0DII9CA'O0y5(RLV �nu1)0)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE. RESOLUMN AGRGENIENT
OWNGR and COMRAC'fOR hereby ttgreo that
Article 16 of the Gencnd Conditions of the C•onstnlelion
Contract between OWNFR and CON'I'RACI'OR is
amended to include the following augment of the p'nrlies:
16 i. All claims, disputes and other matters in
question bobve(m OWNER and CONTRACTOR arising
out of or relating In the Contract Documents or the breach
thereof (except (br claims which have been waived by the
making or ameptanco of final payment as provided by
Ixtragraph IA. 1.5) will he decided by arbilration in
accordance with the Conslntctlon Industry Arbitration
Ruks of (he American Arbitration Association then
obtaining, whicel to the hnutations of the Arltele. 16, 'I'hls
agrunncnl so m arbitrate and any other ugrccment or
consent to Inhitrale entel'ed into in accordance henewilh is
provided in this Article 16 will be specifically cut ixecable
under Iha prevailing law of any aunt havino jurisdiction.
16.2. No demand for arbitration of any diono, dispute
or other matter that is required to be reared to
ENGINIEI'R initially lintdecision in accordance with
lvangraph 9.11 will Ix made until file curlier of (a) file date
on which HNOINHHR has rendered It written decision or
(b) the Ihiny-first day aher the parties have presented their
evidence to ENGINEER if If mitten decision has not been
I cnderttl by IlN(I I N ISIiR ixtolc that d142. No demand (i)r
nrbininon of env such claim, dispute or other natter will
lx. made litter than thirty days litter (he date on which
EN<iINFEIR his rendered II written decision fit respect
thereof in accordance with lmraleaplt 9,1 I l and Iha failure
kI dunand o-ubitiation within said thirty days lmrial will
result in ENGINEER's decision Ixing (full and binding
upon OUNIAR and CON'CILACPCIR. If CrNGIN OR
renters a decision after at'bitra(ion proceedings have been
initialed, such decision nl:ry be entered as evidence but will
not stlxa;ede the arhination larocmdinpys, cxcept where the
decision is acceptable to Iha fxulies coneelled. No demand
for arbitration of any written decision oC L•NGNEER
rendered in accordance. with paragraph 9. 11) will be, made
Inver than tell clays after the party staking such demand has
delivered written notice of intention to appeal as provided
in ixlrograph 9.1 n_
16.3. Notice of the demand Ibr arbitration will be
fil d in writing with the other parry to (he Agreement Vint[
with till Amaacan Arbitration As oeialion. and if copy will
Ix sent to EN61NFER for information 'file denvard Car
arbihat[on will be trade within the drirty-day or lnl.dav
Ixriod sirecified in paragraph 16.2 as applicable, and in fill
olhor cases within If reasonable little after the c[aiol, dispute
or other mentor in question has arisen, and in no went shill
any such demand be made after the dak h>'hen institution of
la`Id or equintb[e proceedings based on such dulul, dispuua
or other matter in question would Ix barred by the
Iglplicable Stalulo of hillitlnions.
16.4 Except as provided in paragraph 16.5 Mow,
I)(, arbilration arising not of or relining to the Contract
Documents shall include by consolidation, joinder or in any
other manner Ivry other parson or entiq• (including
ENC3INFfER, ENGINTBR's Cnluu[tsnt find file oilicxs.
directors, nganls, employees or consuimnts of any of them)
who is not if party to this contract uniws:
I6.4. 1. the inclusion of such other person or entity is
neceSSlrq if completer relief is to Ira fafoldeal tunong
I raw who fire already parties to the arbitration, and
16.43. such other ferson of- entity is sulxtanlfally
if volvul in a question of lore or Pact which is uaumon
to thow. who arc Already parties to the nrburntion find
which will arise in such proceedings, and
16A3. the written consent of the other 1wrson or
unity sought to be included and of OWNER and
(',ON fRACIOR hat been obtained for such inclusion,
which consent shall nrake specific reference to this
pamgrnph; hill no such consent shall constitute consent
to arbitration ol•;my dispute not specifically dewoixd
in such consent or to arbitration with any lwrty not
specifically identified in such consent.
I(ii Notwithstanding ixlragreph 16.1, if If claim,
dispute or other totter in question between OWNER and
CONTRACTOR involves the Wort: of i ;uIxontraolol.
either OWNIFIR or CONI'NAM OR may join such
Subcontractorasa pony to the m'hsralion honveen OWNF'R
and CON '1'RAM OR hcreundcr. CON'I'RAC'IOR shall
include in fill sulvontricts required bymgrn lhaph 6.11 a
slxcilic provision whaahv the Subcontractor consents to
Ixing Joined in fin arblotion lauween OWNRIR Imd
CONTRACTOR involvine the Work or such
Suixomrnctor. Nolhing in this Ixuaeraph 16.5 nor in the
provision of such sdxontract wnsmuing to joinder' shall
crate any claim, ri lht or caux. of action in lilvor of
Sulu.onlrnclnr and against OWMJ R. ENGINEI;iR or
IbNG INEEIR's Consultants (hat does not othcrwisa a�nsl.
16-(1 'Cho rovard rendered by the arbitrators will be
frail, ju(Ignunt tiny Ix COMIC([ ulwn it in any cow't having,
iuduliction thereof, and it will ❑ot ix subject to
mollification or appeal.
ICE 7. OWNFIZ and CONTR<ACI'OR agree that they
shall first submit any and all unscllled claims,
mun(orclaI'll I, disputes and other matters in question
Ixtwean their arising out of or relating to the Contact
D(xun ens: or the hreeoh thereof ("dispuleti'), to mediation
by the American Arbilralion Association under the
C(ltla(Rleh(ln indLIStry MfJi:aion Rules of life Anleri(am
Arbitration Asso('imion prior Io either of them inoulling
againll file other a (iedaffitd liar arbilnoion p(IrSUanl u)
Islragraphs 16.1 through 16.6, unless delay ininitialing
arbilrnion would irrev(wably pa•{udice one of Lire parties.
'file resixcuve (hurry• and tell (la) little limits within which
to file a demand for arbilration as providcd in parnLijaphs
16.2 and 16,3 above shall be suslxn(led with ieslxct to If
dispute suhnli¢ed to mediation within those sane
applicable time limits and shell remain susixnded until ten
(lays alter the Iemtinalion of ilia nlediation..'flie mediator
fit any dispute xubm Itted to fit edintion under Ihis Amemcnl
SlIldl not serve aS:a'6itabhl' (31 such (dispute UnlessoI11MVIse.
agreed.
I::JCUC GENERAL CONUI'IlU\'y Is, U.S (109U I? tono GC'•,11
ut CITY OIz FORT COL1.1 VS hi OIA FICA\""I'I(INii (RP.V 9,99r
EWDCO .M.KA1. COMA PIONS I?I O.S (1990 H W im) GC -Al
of CITYOP I'OR'I COI.IANSMODII9C IKINS(RHV"1)
No Text
Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
Utility SA WO rev06/07