HomeMy WebLinkAbout389648 A-1 CHIPSEAL COMPANY - CONTRACT - BID - 6054 ASPHALT SLURRY SEAL PROJECT (3)� City of
� /`F'\ort Collins
' -"�Purchasing
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■ SPECIFICATIONS
Financial Services
Purchasing Division
215 N. Mason St. 2n° Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/Purchas/*ng
AND
' CONTRACT DOCUMENTS
FOR
' ASPHALT SLURRY SEAL PROJECT
' BID NO. 6054 — 2010 RENEWAL
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PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
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OWNER: CITY OF FORT COLLINS
By:
JAMES B. O'NEILL II, CPPO, FNIGP
CTOR OF PURCHASING
AND RISK MANAGEMENT
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ity Xl)�rk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as o Form
As st t City Attorney
9/12/01
CONTRAC R: A-1 seal Company
By:
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Title:yIC�eS�L1
Date:
(CORPORATE SEAL)
Attest:'
Address for giving notices:
2001 Itl lo4tn 1�
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LICENSE NO.:
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of
tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor
intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control.
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
General Requirements - Page 5 of 17
SECTION 01310
CONSTRUCTION SCHEDULES
1.5 OWNER'S RESPONSIBILITY
A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor
in coordinating the Work with the needs of the Project.
B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
' END OF SECTION
General Requirements - Page 6 of 17
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SECTION 01330
SURVEY DATA
1.1 SURVEY REQUIREMENTS
A. The Owner will provide the construction surveying for street and landscaping improvements as needed. City Survey
Crews will perform the surveying required.
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 48 hours prior to needing
surveying.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey
personnel shall notify the Contractor with the date on which the requested work will be completed.
D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime,
the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey
monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough
time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of re -staking
construction stakes and for the cost of re-establishing a destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary
forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance
with the information on the stakes and grade sheets supplied by the Owner.
END OF SECTION
General Requirements - Page 7 of 17
SECTION 01340
SHOP DRAWINGS
'
1.1
GENERAL
A.
Submit Shop Drawings, Samples, and other submittals as required by individual specification sections.
1. Engineer will not accept Shop Drawings or other submittals from anyone but Contractor.
B.
Schedule: Reference Section 01310, Construction Schedules. Submittals received by Engineer prior to the time set
forth in the approved schedule will be reviewed at any time convenient to Engineer before the time required by the
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schedule.
C.
Any need for more than one re -submission, or any other delay in obtaining Engineer's review of submittals, will not
entitle Contractor to extension of the Contract Time unless delay of the Work is directly caused by failure of
Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for
review of the submittals or for any other reason which prevents Engineer's timely review. Failure of Contractor to
coordinate submittals that must be reviewed together will not entitle Contractor to an extension of Contract Time or
an increase in Contract Price.
D.
Resubmit for review a correct submittal if errors are discovered during manufacture or fabrication.
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E.
Do not use materials or equipment for which Shop Drawings or'samples are required until such submittals, stamped
by Contractor and properly marked by Engineer, are at the site and available to workmen.
F.
Do not use Shop Drawings which do not bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of
the Work.
Review status designations listed on Engineer's submittal review stamp are defined as follows:
1. NO EXCEPTION TAKEN
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is
to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be
transmitted for final distribution.
' 2. REVISE AS NOTED
Signifies material or equipment represented by the submittal conforms with the design concept, complies with
the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance
' with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and
is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter
of transmittal.
3. REJECTED
Signifies material or equipment represented by the submittal does not conform with the design concept or
comply with the information given in the Contract Documents and is not acceptable for use in the Work.
Contractor is to submit submittals responsive to the Contract Documents.
General Requirements - Page 8 of 17
SECTION 01340
SHOP DRAWINGS
4. FOR REFERENCE ONLY
Signifies submittals which are for supplementary information only; pamphlets, general information sheets;
catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design,
operation, or maintenance, but which by their nature do not constitute a basis for determining that items
represented thereby conform with the design concept or comply with the information given in the Contract
Documents. Engineer reviews such submittals for general information but not for substance.
1.2 SHOP DRAWINGS
A. Include the following information as required to define each item proposed to be furnished.
1. Detailed installation drawings showing foundation details, and clearances required for construction.
2. Relation to adjacent or critical features of the Work or materials.
3. Field dimensions, clearly identified as such.
4. Applicable standards, such as ASTM or Federal Specification numbers.
5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance
characteristics and capacities, and other information specified or necessary:
a. For Engineer to determine that the materials and equipment conform with the design concept and comply
with the intent of the Contract Documents.
b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will
review for general information but not for substance.
c. For Engineer to determine what supports, anchorages, structural details, connections and services are
required for materials and equipment, and the effect on contiguous or related structures, materials and
equipment.
6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable
Engineer to review the information effectively.
B. Manufacturer's standard drawings, schematics and diagrams:
I. Delete information not applicable to the Work.
2. Supplement standard information to provide information specifically applicable to the Work.
C. Format.
1. Present in a clear and thorough manner.
2. Minimum sheet size: 8 2" x 11".
3. Clearly mark each copy to identify pertinent products and models.
4. Individually annotate standard drawings which are furnished, cross out items that do not apply, describe exactly
which parts of the drawing apply to the equipment being furnished.
5. Individually annotate catalog sheets to identify applicable items.
6. Reproduction or copies of portions of Contract Documents:
a. Not acceptable as complete fabrication or erection drawings.
b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail
drawings.
7. Clearly identify the following:
a. Date of submission.
b. Project title and number.
c. Names of Contractor, Supplier and Manufacturer.
d. Specification section number, specification article number for which items apply, intended use of item in the
work, and equipment designation.
e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract
Documents.
f. Deviations from Contract Documents.
General Requirements - Page 9 of 17
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SECTION 01340
SHOP DRAWINGS
1 g. Revisions on re -submittals.
h. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of products, field
measurements and field construction criteria, and coordination of the information within the submittal with
' requirements of the Work and the Contract Documents.
1.3 SUBMISSION REQUIREMENTS
A.
Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the
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Work or in the work of any other contractor.
B.
Minimum number required:
1. Shop Drawings.
a. Three (3) copies minimum, two (2) copies which will be retained by Engineer.
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RE -SUBMISSION REQUIREMENTS
A.
'Make corrections or changes required by Engineer and resubmit until accepted.
B.
In writing call Engineer's attention to deviations that the submittal may have from the Contract Documents.
C.
In writing call specific attention to revisions other than those called for by Engineer on previous submissions.
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D.
Shop Drawings.
1. Include additional drawings that maybe required to show essential details of any changes proposed by Contractor
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along with required wiring and piping layouts.
END OF SECTION
IGeneral Requirements -Page 10 of 17
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SECTION 01410
TESTING
1.1 GENERAL
A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have
been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work.
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work.
C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM).
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or elaboration on,
these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures.
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Soil tests, except those called for under Submittals thereof.
2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
3. Concrete test, except those called for under Submittals thereof.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer.
B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests ofall items
of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project.
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall
specifically include all testing required by the various sections of these Specifications.
General Requirements - Page 1 I of 17
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' SECTION 01410
TESTING
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B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his construction complies with the
requirements of the Contract Documents. Controls shall be adequate to coverall construction operations and should
be keyed to the proposed construction schedule.
' D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include evidence
that the required inspections or tests have been performed (including type and number of inspections or test, nature
of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Document
1 inspections and tests as required by each section of the Specifications. Provide copies to Engineer weekly.
END OF SECTION
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General Requirements - Page 12 of 17
SECTION 01510
TEMPORARY UTILITIES
1.1 UTILITIES
A. Furnish all utilities necessary for construction.
B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2. Unnecessary waste of water will not be tolerated.
C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
1.2 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs ofconstruction workers and others performing work or
furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure from public view to the greatest practical extent.
END OF SECTION
General Requirements - Page 13 of 17
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' SECTION 01560
TEMPORARY CONTROLS
'
1.1
NOISE CONTROL
A.
Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas. ,
B.
Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C.
Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2
DUST CONTROL
A.
Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL.
A. Prevent the pollution of drains and water courses by sanitary wastes, concrete, sediment, debris and other substances
' resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 EROSION CONTROL
' A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities.
1. Measures in general will include:
a. Control of runoff.
' b. Trapping of sediment.
c. Minimizing area and duration of soil exposure.
d. Temporary materials such as hay bales, sand bags, plastic sheets, riprap or culverts to prevent the erosion of
' banks and beds of watercourses or drainage swales where runoff will be increased due to construction
activities.
B. Preserve natural vegetation to greatest extent possible.
C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion.
' D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual.
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General Requirements - Page 14 of 17
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SECTION 00530
NOTICE TO PROCEED
Description of Work: 2010 Renewal, 6054 Asphalt Slurry Seal Project
To: A-1 Chipseal Company
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of 20
The dates for Substantial Completion and Final Acceptance shall be
20_ and 20_, respectively."
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20
CONTRACTOR: A-1 Chipseal Company
By:
Title.
7/96 Section 00530 Page 1
SECTION 01560
TEMPORARY CONTROLS
1.5 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of
Fort Collins "Work Area Traffic Control Handbook," and the current "Larimer County Urban Area Street
Standards." In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall
govern.
1.6 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,.
and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
General Requirements - Page 15 of 17
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I SECTION 01700
CONTRACT CLOSEOUT
' 1.1 CLEANING AND RESTORATION
A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
I begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required.
1.2 PROJECT RECORD DOCUMENTS
' A. Maintain on the job site, and make available to the Engineer upon request, one current marked -up set of the drawings
which accurately indicate all approved variations in the completed work that differ from the design information
shown on the drawings. Further, these drawings should reflect all underground obstacles encountered.
B. These record drawings along with any survey records, photographs and written descriptions of said work as may be
required by the Engineer shall be submitted prior to project acceptance.
' END OF SECTION
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General Requirements - Page 16 of 17
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance.
1.2 BID PRICE
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re -negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefor.
END OF SECTION
General Requirements - Page 17 of 17
SECTION 02000
' PROJECT SPECIFICATIONS
The Colorado Division of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the
current version of the Larimer County "Urban Area Street Standards", (hereafter referred to as the "Standard
Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the
minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications
conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern.
' INDEX OF REVISIONS
' SECTION
104 Traffic and Parking Control
105 Control of Work
108 Prosecution and Progress
' 409 Asphalt Slurry Seal
630 Construction Zone Traffic Control
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REVISION OF SECTION 104
TRAFFIC AND PARKING CONTROL
Section 104 of the Standard Specifications is hereby revised as follows:
Subsection 104.04 shall include the following.
It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere with
the work. Prior to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall be
posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the
commencement of work and shall clearly show the type of work, and the day, date and times that the message on
the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be posted
no later than Tuesday, July 1, by 7:00 a.m. with a sign that reads similar to "NO PARKING, WEDNESDAY,
JULY 2, 7:00 A.M. TO 6:00 P.M., PATCHING.) See sample "NO PARKING" sign. `NO PARKING" signs
shall remain in place until the street is opened to traffic and all clean up operations completed.
All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters
permanently affixed to the sign. Any information added to a sign, such as dates, shall be clearly legible and
written in block style letters. The `NO PARKING" signs shall be in effect for one -or two days only.
Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract.
The Contractor will not be paid for traffic control costs incurred during Contractor caused delays.
At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and the
Engineer will meet to discuss the progress of the work and the placement of traffic control devices including
"NO PARKING" signs. Any necessary adjustments shall be made. The Contractor shall also review at this
time with the Engineer the proposed means of handling parking and traffic control for upcoming work. It is the
responsibility of the Contractor to minimize any inconvenience to the public as a result of this work.
At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by
the Contractor and the Engineer. The Contractor shall utilize forms approved by the Engineer for the tabulation
of Traffic Control Devices utilized.
The Contractor shall maintain access at all times to all businesses within the project.
Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field
shall be immediately implemented as directed by the Engineer.
The cost for traffic control is covered in "Revision of Section 630, Traffic Control Devices" found herein.
Project Specifications - Page I of 23
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NO
PARKING
Wed July 7
70MOO AM m 6:00 PM
PATCHING
Project Specifications - Page 2 of 23
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REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised as follows:
INSPECTION AND TESTING OF WORK
Subsection 105.15 shall includethe following:
The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of
required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring
for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the
Engineer from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract
as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or
materials may be rejected, notwithstanding that such work or materials have been previously inspected by the
Engineer or that payment therefore has been included in the progress estimate.
MAINTENANCE DURING CONSTRUCTION
Subsection 105.18 shall include the following:
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleaned
after the completion of the day's work. All material swept or blown onto sidewalks, all trash, all discarded
slurry seal material, or other refuse shall be collected on a daily basis, removed from the site, and disposed of to
a site approved by the Engineer. It shall be the Contractor's responsibility to provide the necessary manpower
and equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
clean the streets prior to slurry application. All sweeping and clean up equipment shall be approved by the
Engineer prior to the commencement of work.
The Contractor shall maintain the streets during the construction process as prescribed above. If a street
requires additional sweeping by municipal forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service.
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
All applied slurry surfaces shall be swept by an approved vacuum style sweeper to remove any excess raveled
material which becomes dislodged from the street surface after five (5) calendar days, or as directed by the
Engineer, and again after 30 calendar days, or as directed by the Engineer. Any dislodged material which has
migrated to gutters, sidewalks, and driveways shall be removed at this time. Dislodged material shall be
disposed of to a site approved by the Engineer.
Excessive raveling, as determined by the Engineer, shall be swept by the Contractor at no additional cost to the
Owner.
Project Specifications - Page 3 of 23
REVISION OF SECTION 105
CONTROL OF WORK
Sweeping shall be paid for per complete sweeping of all surfaces, and shall include blowing or sweeping of
' gutters, sidewalks and driveways as necessary. Payment shall include all equipment, labor, materials, overhead,
incidentals and mobilization required to complete the work as described in the specifications.
"NO PARKING" signs shall be placed at least 24 hours prior to sweeping, as needed. The City of Fort Collins
' will pay for "NO PARKING" signs at the contract unit price for "No Parking Sign with Stand."
Pay Item Unit
105.10 Sweeping -All street surfaces Each
105.20 Sweeping - All parking lot surfaces Each
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Project Specifications - Page 4 of 23
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.04 shall include the following:
The slurry seal application shall be completed on or before August 15, and within the following calendar months:
JAN
FEB
MAR
APR
MAY
JUN
I JUL AUG
I SEP
OCT
NOV
DEC
It is the intent of this project to be completed within twenty (20) working days after work commences for the
City of Fort Collins as described below:
• Fourteen (14) consecutive working days will be allotted for construction.
• Three (3) consecutive working days will be allotted for the first sweeping operation. See Revision of
Section 105, Maintenance During Construction
• Three (3) consecutive working days will be allotted for the second sweeping operation. See Revision
of Section 105, Maintenance During Construction
• Failure to meet the working days described above, or failure to commence sweeping at the described
intervals shall result in damages assessed against the Contractor as described in Article 3 of the
Agreement, Contract Times.
• Delays and extensions of time are described in the General Conditions.
Project Specifications - Page 5 of 23
'
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
'
Section 409 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 409.01 shall include the following:
' The bituminous slurry surface shall consist of properly proportioned and mixed mineral aggregate, asphalt
emulsion water, and specific additives proportioned, mixed and uniformly spread on the properly prepared
surface of the streets as specified herein and as directed by the Engineer. The slurry, when cured, shall have a
homogeneous appearance, fill all cracks, adhere firmly to the adjacent surface, and have skid resistant texture.
' MATERIALS
Subsection 409.02 shall include the following:
' ASPHALT EMULSION
The emulsified asphalt shall conform to Grade CQS-IHL (Cationic Quick Setting Emulsified Asphalt with
Latex Polymer) as specified in ASTM D977 and D2397 (Specification for Emulsified Asphalt and Cationic
Emulsified Asphalt), except that the residual asphalt having a penetration of 40 - 90 shall constitute at least 60
percent of the emulsion by weight, and that the Saybolt Furol Viscosity of the emulsion at 77' F (25' C) shall
not exceed 50 seconds. Slow setting emulsions may not be used.
CQS-1HL shall be an emulsified blend of asphalt, water, and styrene-butadiene rubber (SBR) latex and
' emulsifiers. The emulsion shall be pumpable and suitable for use in slurry seal mixing and spreading
equipment, and suitable for application through a distributor truck. The emulsion shall contain a minimum of
two percent (2%) by weight of SBR polymer solids based on weight of residual asphalt. The polymer shall be
added as SBR laytex by high shear mixing by co -milling or post -milling.
Each load of emulsified asphalt shall be accompanied with a certificate of analysis/compliance and submitted to
the Engineer to assure that it is the same as that used in the mix design.
' AGGREGATE
The mineral aggregate shall consist of natural or manufactured sand, slag, crusher fines, and others, or a
' combination thereof and be gray in color. The aggregate shall be 100% crushed. Smooth -textured sand of less
than l .25% water absorption shall not exceed 50% of the total combined aggregate.
The aggregate shall be clean and free from organic matter and other deleterious substances. When tested in
accordance with AASHTO T 176 or ASTM A2419 (Sand Equivalent Value of Soils and Fine Aggregates), the
aggregate shall have a sand equivalent of not less than 65. When tested according to AASHTO T104, or
ASTM C88 (Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulphate), the aggregate shall
show a loss of not more than 15% using NA,SO4, or 25% using MgSO4. When tested according to AASHTO
' T96, or ASTM C131 (Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles
Machine), the aggregate shall show a loss of not more than 20%.
n
Project Specifications - Page 6 of 23
SECTION 00600
BONDS AND CERTIFICATES
00610
Performance
Bond
00615
Payment Bond
00630
Certificate
of Insurance
00635
Certificate
of Substantial Completion
00640
Certificate
of Final Acceptance
00650
Lien Waiver
Release (CONTRACTOR)
00660
Consent of
Surety
00670
Application
for Exemption Certificate
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
Mineral fillers such as Portland cement, limestone dust, lime, fly ash, and other approved fillers shall be
considered as part of the blended aggregate, used in the minimum amount required, and manufactured in the
project year. Cost of mineral fillers, if used, is to be included in the unit price of the slurry seal and shall not be
paid for separately. They shall meet the gradation requirements of AASHTO M 17 or ASTM D242 (Mineral
Filler for Bituminous Paving Mixtures).
Mineral fillers shall be used for one or more of the following reasons only:
1. To improve the gradation of the aggregate.
2. To control the time of break of the emulsion.
3. To provide improved stability and workability of the slurry.
4. To increase the durability of the cured slurry.
Screening of aggregate shall be required at the quarry prior to delivery to the job site. Oversized material
and/or clay balls in the slurry seal shall be cause for rejection. The total aggregate, including mineral filler,
shall conform to the following gradation when tested by AASHTO T27, or ASTM C 136 (Sieve Analysis of
Aggregates):
SIEVE SIZE
PERCENT PASSING
TYPE II
3/8"
( 9.5 mm)
0:0:�
No. 4
(4.75 mm)
90 - 100
No. 8
(2.36 mm)
65 - 90
No. 16
( 1. l8 mm)
45 - 70
No. 30
( 600 um)
30 - 50
No. 50
( 330 um)
18 - 30
No. 100
( 150 um)
10 - 20
No. 200
( 75 um)
5 - 15
The Contractor shall submit a Certificate of Compliance from the intended aggregate producer. This certificate
shall verify that the material conforms to the applicable Project Specifications and Revision of Section 409,
Asphalt Slurry Seal. This certificate shall be supplemented by laboratory test data performed by an independent
testing laboratory at no expense to the Owner.
MIX DESIGN
At least two weeks prior to commencement of work, the Contractor shall submit a signed mix design covering
the specific materials to be used on the project. This design shall be performed by a laboratory qualified to
perform International Slurry Seal Association (ISSA) tests. Once the materials are approved, no substitution
will be permitted, unless first tested by the laboratory preparing the mix design and approved by the Engineer.
Project Specifications - Page 7 of 23
' REVISION OF SECTION 409
ASPHALT SLURRY SEAL
1. Mix Design
The qualified laboratory shall develop the job mix design and present certified test results for the Engineers
approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. All component
' materials used in the mix design shall be representative of the material proposed by the Contractor for use on
the project.
' 2. Specifications
The Engineer shall approve the design mix and all materials and methods prior to use. The component
materials shall be within the following limits.
' Residual Asphalt Type II: 7.5% to 13.5% by dry weight of aggregate
Mineral Filler 0.5% to 3% by dry weight of aggregate
' Additive As required to provide the specified properties
' Water As required to produce proper mix consistency
WATER
E
1
k
All water used in making the slurry shall be potable and free of dissolved ingredients that may prove harmful.
Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in
place. The effect of moisture content on the specific weight of the aggregate, and the moisture content of the
aggregate being used, shall be taken into account in calibrating the machine to deliver mix in the correct
proportion.
LABORATORY TESTING
All materials shall be pre -tested by the Contractor, at his expense, in a qualified laboratory as to their suitability
for use in slurry and conformance with project specifications. The laboratory shall issue a current report which
shows the results of tests performed on the individual materials, comparing their values to those required by this
specification. The report will provide the following information on the slurry seal mixture.
TEST PURPOSE
METHOD
SPECIFICATION.
Slurry Seal Consistency
ISSA T l06
2 - 3 cm
Excess Asphalt
ISSA T109
50 g/ft' max (538 g/m'- max)
Wet Stripping Test
ISSA T 114
Pass (90% min)
Compatibility
ISSA T115
F Pass*
Quick Set Emulsion
[SSA T102
Pass**
Wet Track Abrasion
ASTM D3910
1 Hour Soak Loss
50 g/ft' max (538 g/m2 max)
6 Day Soak Loss
75 g/ft2 max (807 g/m2 max)
* Mixing tests must pass at the maximum expected air temperature.
** Using specific job aggregate and emulsion content.
Project Specifications - Page 8 of 23
E
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
The laboratory shall further report the quantitative effects of moisture content on the unit weight of the
aggregate (Bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler
(minimum and maximum), water (minimum and maximum), additive(s) (usage), and asphalt based on the dry
aggregate weight.
A current and complete laboratory analysis and test report, accompanied by abraded and unabraded slurry test
samples, shall be submitted by the Contractor at least two weeks prior to commencement of any work. If the
Contractor performs this testing, the Engineer or his representative shall be allowed to observe all testing.
STOCKPILING OF AGGREGATE
Precautions shall be taken to ensure that stockpiles are carefully mixed just prior to use to ensure uniform
distribution of the moisture, and that they do not become contaminated with over -sized seed rock, clay, silt, or
excessive amounts of moisture. To eliminate oversized aggregate, the material shall be screened at the load
site immediately prior to use, and shall be directly deposited from the screen to the mixing equipment. Costs for
the screen will not be measured or paid for separately, but shall be considered incidental to the work. The
stockpile shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.
STORAGE
The Contractor shall provide suitable storage facilities for the asphalt emulsion, using containers equipped to
prevent water from entering the emulsion. If necessary, suitable heat shall be provided to prevent freezing. No
portion of the right of way may be used for storage of any materials or equipment.
SAMPLING
Samples of materials and of the finished slurry surface shall be furnished by the Contractor as directed by the
Engineer during progress of the work at no expense to the Owner. Test reports shall be required from the
Contractor as additional materials arrive. Testing costs will be computed in accordance with section 1400
"Quality Control".
CONSTRUCTION REQUIREMENTS
Subsection 409.04 shall be revised as follows:
WEATHER LIMITATIONS
No slurry shall be applied:
When there is any danger the finished product will freeze before it cures completely.
2. When the pavement or air temperature is 60°F (16' C) or below and falling.
While puddles of water remain on the surface to be coated.
The Contractor is responsible for repairing or replacing any surfaces damaged by weather.
Project Specifications - Page 9 of 23
' REVISION OF SECTION 409
ASPHALT SLURRY SEAL
Subsection 409.05 shall be revised as follows:
EQUIPMENT
' All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory
working order at all times. Descriptive information on the slurry mixing and applying equipment to be
used shall be submitted for approval a minimum of seven (7) days before commencement of work.
1. Slurry Mixing Equipment
' The slurry mixing machine shall be a double shafted continuous flow mixing unit, capable of delivering accurate
predetermined proportions of aggregate, water and asphalt emulsion to a revolving spiraled multi blade, double
shafted, spiraled mixer tank, and of discharging the thoroughly mixed product on a continuous basis. The
' machine shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations.
Discharge from the pugmill shall be controlled by a chute or other suitable mechanical device. The mixing
machine shall be equipped with suitable means of accurately metering each individual material being fed into
the mixer. The mixing unit shall be equipped with a metering system to accurately meter all liquids by volume
by the use of flow meters reading gallons per minute. The flow of the liquids shall be consistent and precise and
feed into the pugmill in the proportions outlined in the mix design. The machine shall be equipped with a
temperature indicating device installed in the emulsion tank at the emulsion pump suction line level. The
' aggregate shall be pre -wetted immediately prior to mixing with the emulsion. The mixing unit shall be capable
of thoroughly blending all ingredients together without violent action. The mixing machine shall be equipped
with an approved fines feeder that provides an accurate metering device or method of introducing a
predetermined proportion of mineral tiller into the mixer as the aggregate is fed in. The fines feeder shall be
used when mineral filler is part of the aggregate blend. The unit shall be equipped with approved devices so
that the machine can be accurately calibrated and the quantities of materials used during any one period
estimated. The mixing machine shall be equipped with a water pressure system, and fog type spray bar
' adequate for completely fogging the surface with up to 0.055 gallons per square yard (0.25 I/m''), immediately
ahead of the spreading equipment. The machine shall be capable of mixing materials at preset proportions
regardless of the speed of the machine engine, and without changing machine settings.
' 2. Proportioning Devices
Individual volume or weight controls for proportioning each material to be added to the mix (i.e., aggregate,
mineral filler, emulsified asphalt and water) shall be provided and properly marked. These proportioning
' devices are usually revolution counters or similar devices and are used in material calibration and determining
the materials output at any time. Yield estimates with supporting documentation from the metering devices and
material delivery tickets will be provided by the Contractor daily.
' 3. Calibration
Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the
' Engineer's representative prior to construction. The documentation shall be provided, which includes an
individual calibration of each material at various settings, which can be related to the machine's metering
device(s). No machine will be allowed to work on the project until the calibration has been completed and
accepted by the Engineer.
' Previous calibration documentation covering the exact materials to be used may be accepted provided they were
made during the current calendar year. The documentation shall include an individual calibration of each
' material of various settings which can be related to the machine metering device(s).
I
Project Specifications - Page 10 of 23
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
4. Verification
Test strips, of at least fifteen hundred (1500) square yards for each mix used, will be made by each machine
after calibration and prior to construction. Test strips shall be a portion of the project. Samples of the slurry
seal will be taken and verification made as to mix consistency and proportioning. Verification of rate of
application will also be made. Upon failure of any of the tests, additional test strips, at no cost to the Owner,
will be required until each unit is authorized to work. Any unit failing to pass tests after the third trial will not
be permitted to work on the project. Test strips must be accepted or rejected within 48 hours after application.
When the test sections do not conform to the specification requirements, the slurry seal shall be removed at the
Contractor's expense. No compensation will be made for re -application or additional test sections required due
to unsatisfactory work or material. Initiation of work on the project streets shall not begin without the
Engineer's approval of test sections.
5. Slurry Spreading Equipment
The surfacing mixture shall be spread uniformly by means of a mechanical type squeegee distributor, having a
rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of
slurry on varying grades and crown by adjustments to assure uniform spread. An appropriate mechanical device
for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a
flexible strike -off, and a burlap or other approved drag. The spreader box shall be equipped with paddles or
augers to agitate and spread the materials throughout the box. It shall be capable of producing a uniform
surface its full width. A front seal shall be provided to ensure no loss of the mixture at the road contact point.
The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and
minor surface irregularities and leave a uniform skid resistant application of material on the surface. The
spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to
produce a free flow of material to the rear strike off. The longitudinal joint where two spreads join shall be neat
appearing, uniform, and lapped no more than six (6) inches. All excess material shall be removed from the job
site prior to opening the road. The spreader box shall have suitable means provided to side -shift the box to
compensate for variations in pavement geometry. The box shall be kept clean, and no build-up of asphalt and
aggregate shall be permitted. Spreader box skids shall be maintained in such a manner to prevent transverse
chatter (wash -boarding) in the finished mat. Any type drag used shall be approved by the Engineer and kept in
a completely flexible condition at all times.
6. Cleaning Equipment
Power brooms, power blowers, air compressors, water flushing equipment, and hand brooms suitable for
cleaning the base surface and cracks therein shall be provided by the Contractor in accordance with Section
01560 "Temporary Controls" and Section 02000 "Revision of Section 105; Maintenance During Construction".
7. Auxiliary Equipment
Hand squeegees, shovels and all other equipment necessary to perform the work shall be provided by the
Contractor at no additional cost to the Owner.
Subsection 409.06 shall be revised as follows:
PREPARATION OF THE SURFACE
Immediately prior to application of the slurry, the Contractor shall be responsible for ensuring that the surface is
cleaned of all loose material, oil, silt spots, vegetation, and other objectionable material. Pavement cleaning
methods must be approved by the Engineer prior to use. The Contractor shall apply oil spot primers to oil, gas
and grease spots on pavement prior to applying the slurry seal.
Project Specifications - Page I I of 23
eREVISION OF SECTION 409
ASPHALT SLURRY SEAL
' The Contractor must remove all weeds from pavement surfaces and from the interface of the concrete curb and
asphalt prior to the application of any slurry seal. The Engineer shall give final approval that the surface has
been prepared properly. Costs associated with these requirements shall be included in the unit price of the slurry
1 seal work and shall not be paid for separately except as discussed in Section 02000 "Revision of Section 105;
Maintenance During Construction".
' If the slurry is being placed over a brick or concrete surface, a highly absorbent asphalt surface, areas subjected
to dusty conditions or over a surface where the aggregate has become exposed and is polished and slick, a one
part emulsion, three part water tack coat of the same emulsion type and grade as specified for the slurry is
recommended. This can be applied with an asphalt distributor. The normal application rate is 0.05 to 0.15
gallons of the diluted emulsion per square yard of surface (0.23 to 0.70 liters per square meter). The Engineer
will have final authority to determine if tack coat is required and the rate at which it shall be applied.
The Owner will be performing concrete repair, patching, and crack sealing on the streets prior to the application
' of the slurry seal.
Subsection 409.07 shall be revised as follows:
APPLICATION
The amount of asphalt emulsion to be blended with the aggregate shall be determined in the laboratory, subject
to final adjustment in the field to allow for absorption by the existing surface and approval by the Engineer.
The amount of water added must be controlled accurately to ensure production of readily spreadable, yet
completely stable slurry.
' Proper water content shall be determined by an appropriate consistency test on freshly made slurry.
The slurry shall be a homogeneous mixture, sufficiently stable during the entire mixing - spreading period so
' that the emulsion does not break, there is no segregation of fines from the coarser aggregate, and the liquid
portion of the mix does not float to the surface. Total time of mixing, from introduction of emulsion to
spreading shall be two minutes or less.
' The weight of dry aggregate applied per unit area shall be 18 lbs/sy. The test sections shall be placed using the
same equipment and methods to be used on the job. Slurry mixtures placed in test strips shall conform to design
mix with minor variations to obtain crack filling, bond to pavement, and desired skid resistance texture. In the
event the materials do not meet the requirements for fluidity, non -segregation, or surface texture, a new job mix
' shall be formulated and tested. Work shall not proceed before approval of a design mix and acceptance
following the placing of test strip.
' Application of the Slurry Surfaces
1. General
' The surface shall be fogged with water directly preceding the spreader if required by local conditions as directed
by the Engineer. No free water shall be on the surface of the pavement following fog spray. Rate of application
of the fog spray shall be adjusted during the day to suit pavement temperatures, surface texture, humidity, and
dryness of pavement surface. The slurry mixtures shall be of the desired consistency as it leaves the mixer, and
' no additional elements shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader
at all times so that complete coverage is obtained. No lumping, balling, or unmixed aggregates shall be
permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. If
the coarse aggregate settles to the bottom of the mix, the slurry will be removed from the pavement. Breaking
of the emulsion in the spreader box will not be allowed. No streaks as caused by oversized aggregate will be
left in the finished pavement. Rippling of the finished pavement is undesirable and shall be minimized. The
' Project Specifications - Page 12 of 23
11
J
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
speed may be reduced by the Engineer, if rippling of the surface occurs. At any time that segregation, texture,
rippling or application rate are in non compliance with the specifications due to mix equipment or workmanship,
work will be stopped until the Owner's representative is insured that the non conformance has been corrected.
After lay -down work is completed and before final acceptance by the Engineer, spot application of slurry seal
material may be required to correct any deficiencies such as streaking, scuff marks, tire tracks, gaps, etc. to
improve the ride quality and overall appearance. Slurry seal material required to correct deficiencies due to
unsatisfactory workmanship will not be paid for but shall be at the Contractor's expense.
2. Joints
The longitudinal joint between adjacent lanes shall have no visible lap, pinholes, or uncovered areas. Build-up
or unsightly appearance shall be not be permitted on longitudinal or transverse joints. The use of burlap drags
or other type drags shall be at the direction of the Engineer. Thick spots caused by overlapping shall be
smoothed immediately with the hand squeegees before the emulsion breaks. Longitudinal joints shall be
overlapped no more than 6 inches over previously placed slurry. Slurry seal will be measured and paid for by
the square yard of street surface properly sealed and accepted by the Engineer. Building paper shall be used at
transverse joints to minimize or eliminate overlap. When drags are used, they must be kept clean and free of
build-up. Joints shall be straight and have a neat appearance.
3. Hand Work
Approved hand squeegees with burlap drags shall be used to spread slurry in areas not accessible to the slurry
mixer. Care shall be exercised as to the specified application rate and workmanship, as to leave no unsightly.
appearance from hand work..
4. Mix Stability
The mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does
not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of
excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser
aggregate. Spraying of additional water into the spreader box will not be permitted.
5. Lines
Care shall betaken to ensure straight lines along curbs, shoulders and joints. Into runoff on these areas will be
permitted. Lines at intersections will be kept straight to provide a neat appearance.
6. Curing
Slurry treated areas shall be allowed to cure until such time as the Engineer permits their opening to traffic. The
slurry seal mixture shall be proportioned to permit traffic on the newly sealed surface within I to 4 hours of
placement. The Contractor shall protect the area with suitable barricades for the full curing period, per the
approved traffic control plan.
7. Rolling
Slurry seal placed on parking lots, alleys, cul-de-sacs or low traffic volume areas, as determined by the
Engineer, shall be rolled with a pneumatic tire roller with a minimum weight of four (4) tons. Rolling shall start
when the slurry seal has set sufficiently to prevent any pick-up of material and rolled a minimum of three (3)
coverages by the roller until a uniform surface is obtained. Payment for rolling will not be measured or paid for
separately, but shall be included in the unit price for Slurry Seal.
Project Specifications - Page 13 of 23
' REVISION OF SECTION 409
ASPHALT SLURRY SEAL
' 8. Maintaining Traffic
The seal coat shall be applied to alternating streets to provide sufficient public parking for those residents living
' on streets which have been closed. Traffic will not be allowed on the newly placed bituminous material until, in
the opinion of the Engineer, the bituminous material has sufficiently set and bonded to prevent damage by
vehicular traffic. Areas which are subject to an increased rate of sharp turning vehicles may require additional
time to allow for a more complete cure of the slurry seal mat to prevent damage. Street closures shall be opened
as soon as the material has sufficiently set and bonded.
9. Manholes and Valves
' Manholes and valves on streets to be slurry sealed shall be clean when the work is completed. They shall be
covered in a suitable manner prior to sealing, and the covering shall be removed immediately after the street is
sealed. The Contractor shall submit the method for protecting manholes and valves to the Engineer for approval
' at least two weeks prior to commencement of work. After sealing, the Contractor shall verify accessibility to
manholes and valves to the satisfaction of the Engineer at the end of each day. Manholes and valves shall be
marked by the Contractor prior to placing the slurry to insure each one is located and can be found after slurry
' sealing.
10. Stockpiles and Equipment Storage
The Contractor is solely responsible for finding and using suitable stockpile locations. The Owner shall be
'
allowed access to the stockpile locations at all times. No portion of the right of way may be used for storage
of materials or equipment. Materials shall be stored in an area to prevent water saturation and contamination
of stockpiled aggregates. On -site emulsion tanks shall be empty and cleaned of all residual asphalt prior to
delivery of the first load of approved emulsion. Written authorization to use private property to store equipment
and materials shall be obtained from the property owner and submitted prior to mobilization and use. The
Contractor shall also submit a letter of indemnification to the Owner and the property owner.
'
11. Cleanup
All material swept or blown onto sidewalks, all trash, all discarded slurry seal material, or other refuse shall be
'
collected on a daily basis, removed from the site, and disposed of to a site approved by the Engineer.
All applied slurry surfaces shall be swept by an approved sweeper to remove any excess raveled material which
becomes dislodged from the street surface after five (5) days. Dislodged material from the street shall be
'
disposed of to a site approved by the Engineer. Payment for sweeping shall be paid for separately as described
in Section 02000 "Revision of Section 105; Maintenance During Construction". Excessive raveling, as
determined by the Engineer, shall be swept by the Contractor at no additional cost to the Owner.
'
QUALITY CONTROL
The Engineer may use the recorders and measuring facilities of the unit(s) to determine application rates, asphalt
emulsion content, mineral filler and additive. Yield estimates with supporting documentation from the metering
devices and material delivery tickets will be provided by the Contractor on a daily basis.
1. Materials
'
The Contractor will supply the Engineer with samples of the aggregate and asphalt emulsion used in the project
at the Engineer's discretion. Gradation and sand equivalent tests may be run on the aggregate and (residual
asphalt) content tests on the emulsion. Test results will be compared to specifications. The Owner must notify
'
the Contractor immediately if any test fails to meet the specifications.
I
Project Specifications -Page 14 of 23
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
2. Slurry Seal
Samples of the material may be taken directly from the mixing unit(s). Consistency and residual asphalt content
tests may be made on the samples and compared to the specifications. Costs will be computed in accordance
with Section 01400 "Quality Control". The Owner must notify the Contractor immediately if any test fails to
meet specifications. The calibration of the slurry mixing unit will be periodically checked as discussed under
"Equipment; Calibration".
3. Noncompliance
Frequency of testing will be at the direction of the Engineer. Noncompliance of materials shall be basis for
rejection. It is the responsibility of the Contractor, at his own expense, to prove to the Engineer that the
conditions have been corrected before work may continue. See Section 01400 "Quality Control".
METHOD OF MEASUREMENT
Subsection 409.09 shall be revised as follows:
Slurry seal will be measured and paid for by the square yard of street surface properly sealed and accepted by
the Engineer. This payment will be full compensation for preparing street surfaces, furnishing all labor,
material, tools, equipment, incidentals and for all the work involved in placing the mix, including rolling and oil
spot primer. Any additional additives used by the Contractor must be approved by the Engineer. No separate
payment for additional additives will be made unless approved prior to use by the Engineer.
It is imperative that the Engineer's representative be present at the time of delivery of all materials.
Conformance with application rates will be determined from delivery tickets, minus any excess material not
used on the project. It is the Contractor's responsibility to notify the Engineer 24 hours prior to delivery of
materials so that a representative may be present. No payment will be made for materials delivered without
proper notification.
Proportions of the material components to be used will be set by the Engineer, as well as the spread rate. These
will be defined in the project mix design.
Application rates will be set to match the approved mix design. If the yield is determined to be in excess of the
maximum application rates, or below the minimum application rates, the slurry seal will be subject to rejection
or a price reduction as follows at the direction of the Engineer:
AMOUNT BELOW MINIMUM
APPLICATION RATE
PERCENTAGE REDUCTION IN
FINAL PAYMENT
l - 5%
10% or Rejection
5 - 10%
20% or Rejection
10% +
To Be Determined by the Engineer
The Owner will continually be checking quantities using run sheets. The Contractor is encouraged to also check
quantities with run sheets to avoid the penalties described above. Yield estimates with supporting
documentation from the metering devices and material delivery tickets will be provided by the Contractor daily.
Responsibility for ensuring proper spread rates and material proportions is solely the Contractor's.
Project Specifications - Page 15 of 23
i
REVISION OF SECTION 409
ASPHALT SLURRY SEAL
' BASIS OF PAYMENT
Subsection 409.10 shall be revised as follows:
' The accepted quantities of slurry seal will be paid for at the contract prices per square yard of street surface
properly sealed and accepted by the Engineer, minus any reduction for noncompliance with approved aggregate
' and emulsion application rates. Payment shall include all equipment, labor, materials, overhead, incidentals,
and mobilization required to complete the work as described in the specifications.
Payment will be made under:
' Pay Item Unit
409.01 Type II Slurry Seal - All Street Locations Square Yard
' 409.02 Type II Slurry Seal - Parking Lots SquareYard
u
Project Specifications -Page 16 of 23
1L
ISECTION 00610
PERFORMANCE BOND
Fond No. 929504350
' KNOW ALI, MEN BY THESE PRESENTS: that
A-1 Chtpseal Company
2001 West 64th Lane
' Denver, CO 80221
(I-rr--Emdividnafti) (a-Parttt+ -strap), (a Corporation), hereinafter referred t:o as
the "Principal" and
' (Fi.rm) western Surety Company
(Address)10375 Park Meadows Dr., Littleton, CO 80123
hereinafter referred to as "the Suretv", are held and firmly bound unto
' City of Fort Collins, 215 N. Mason Street, Fort Collinsl,_,CO 80522 a
(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal
sum of Four_ Hundred Sixty Thousand Two Hundred Twenty Eight_* in lawful money of
' the United States, for the payment of which sum well and truly to be made, we
bi.nd ourselves, successors and assigns, jointly and severally, firmly by these
presents.
*ancf 50/100----- ($460,228.50)
' THE CONDITIONS OF THIS OBLIGATION are Such that whereas the Principal. entered
into a certain Agreement with the OWNER, dated the 19thday of _Nay, 2010
a copy of: which is hereto attached and male a part hereof for the performance
' of Asphalt Slurry Seal Project, Bid No. 6054 - 2010 Renewal
NOW, THEREFORE, if the Principal shall ,jell, truly and faithfully perform its
duti-es, all I:he undertakings, covenants, terms, conditions and agreements of.
sai.d Agreement du.riing the original term thereof, .and any eyt.ensions thereof
which may be granted by the OWNER, wi.r.h or without Notice to the Surety and
during the l..i.Ce of the guaranty period, and if the Principal shall- satisfy all
' cl.lims and do!mands incurred under. such Agreement, and shall fully indemnify
and save harmless the c7WNLR from all. cost and damages .-ih.ic;h it may suffer by
reason of failure t<, do so, and shall. rei-rnbur.se and repay the iowmF.1,1t all, outL,�y
' and expanse which uhe OWNER may j.ncur in makinq good any detzault then r.his
obligation shall_ be void; other.wi.se to remain in full force and effect.
�r.
/ / 96 Section OI 6P) l',acjH ).
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
Section 630 of the Standard Specifications is hereby revised as follows:
DESCRIPTION
Subsection 630.01 shall be revised as follows:
This work shall consist of furnishing, installing, moving maintaining and removing temporary traffic signs,
advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest
revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of
Fort Collins "Work Area Traffic Control Handbook", and the Larimer County Urban Area Street Standards.
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern.
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed.
Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices
removed from the project and later returned to use. The City of Fort Collins shall pay for the maximum number
of each type of traffic control device being used at one given time per day. Larimer County shall pay for
Construction Zone Traffic Control lump sum.
Traffic control devices shall be placed and/or stored in the right-of-way in such a manner that minimizes the
hazards to pedestrians, bicyclists and vehicles.
Traffic control devices shall be removed from the site immediately upon completion of the work for any
street(s).
MATERIALS
Subsection 630.02 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the
MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be
maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of
crossed out information or any other form of defacement that detracts from the purpose for which they are
intended (i.e. crossed out information, information written in long -hand style, etc.)
Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to
avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as
residents affected by any information the sign may present.
CONSTRUCTION REQUIREMENTS
Subsection 630.09 shall be revised as follows:
TRAFFIC CONTROL PLAN
Traffic control through the construction areas is the responsibility of the Contractor.
For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans for the City of Fort Collins
shall be on City supplied forms. The Traffic Control Plans shall be submitted for approval to the Engineer by
8:00 a.m., two working days prior to the commencement of work. (Note: Traffic Control Plans for work done
on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) Full road closure plans shall be
Project Specifications - Page 17 of 23
1 REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
' submitted no later than Friday mornings by 8:00 a.m. for projects starting the following week. All plans shall be
delivered to City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of
the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved
Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of
payment for all work and materials at that location, with no adjustment in the contract time.
' All costs associated with Traffic Control Plan review will not be measured or paid for separately, but shall be
considered incidental to the Work.
The Traffic Control Plan shall include, as a minimum, the following:
' (1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed limit signs; method, length and time duration for lane
closures, and location of flag persons.
' (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to:
construction signs; vertical panel; vertical panel with light; Type I, Type 11, and Type III barricades;
' cones; drum channelizing devices; advance warning flashing or sequencing arrow panel. Certain
traffic control devices may be used for more than one operation or phase. However, all devices
required for any particular phase must be detailed and tabulated for each phase.
' (3) Number of daggers to be used.
(4) Parking Restrictions to be in affect.
' Approval of the proposed method of handling traffic is intended to indicate those devices for which payment is
to be made. Such approval does not relieve the Contractor of liability specifically assigned to him under this
contract.
Parking Restriction Plans for the City of Fort Collins shall be submitted and approved which show the location
and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. The plans shall be
prepared on City supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 8:00
' a.m., two working days prior to the commencement of work. (Note: Parking Restriction Plans for work done
on Monday and Tuesday shall be submitted the previous Friday by 8:00 a.m.) All plans shall be delivered to
City Engineering, 281 North College Avenue. Facsimiles of plans shall not be allowed. No phase of the
construction shall start until the Parking Restriction Plan has been approved. Failure to have an approved
' Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of
payment for all work and materials at that location, with no adjustment in the contract time. The cost for
preparing and submitting the traffic control plan shall be included in the contract unit price for Traffic Control
' Supervisor.
Subsection 630.10 shall be revised as follows:
TRAFFIC CONTROL MANAGEMENT
Traffic Control Management shall be performed by a Traffic Control Supervisor JCS). The TCS(s) shall
possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic
Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor.
(Proof of certification shall be presented to the Owners Traffic Control Manager, and when requested by a
representative, for each TCS utilized on this project.)
I
Project Specifications - Page 18 of 23
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
One TCS shall be designated as the Head TCS. The Head TCS shall have a minimum of one year experience as
a certified TCS. Qualifications shall be submitted to the Engineer for approval a minimum of one week
prior to commencement of the work. The Head TCS shall be on site at all times during the construction when
payment is made under the contract unit price for Traffic Control Supervisor per day. When the TCS is being
paid under the TCS per hour item, time spent on site may be modified by the Owners Representative, as needed,
based on the size and complexity of the project, location of work, duration of the project, traffic factors,
weather, and roadway characteristics.
The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour
pay unit for TCS.
It is the intent of the specifications that the Head TCS be the same throughout the project. If the Head TCS is to
be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and
qualifications shall be submitted for approval for the replacement.
The Head TCS will be paid for under the TCS item.
The TLS's duties shall include, but not be limited to:
(1) Preparing, revising and submitting Traffic Control Plans as required. (Review fees will not be
measured or paid for separately, but shall be considered incidental to the Work.)
(2) Direct supervision of project flaggers.
(3) Coordinating all traffic control related operations, including those of the Subcontractors and suppliers.
(4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school
districts and other affected agencies and parties prior to construction. Typed hand delivered
notification to all businesses and residents at least 24 hours prior to construction. (The notification of
residents and businesses may be accomplished by a representative of the TCS.)
(5) Maintaining a project traffic control diary which shall become part of the Owners's project records.
(6) Inspecting traffic control devices on every calendar day for the duration of the project.
(7) Insuring that traffic control devices are functioning as required.
(8) Overseeing all requirements covered by the plans and specifications which contribute to the
convenience, safety and orderly movement of traffic.
(9) Flagging.
(10) Setting up traffic control devices.
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing
letters indicating the nature of the work to be completed, any special instructions to the residents (i.e. limits on
lawn watering during concrete pouring, etc.), the dates and times of the work, and the parking and access
restrictions that will apply, as well as thorough information placed on "NO PARKING" signs. Sample letters
will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the work.
Letters shall be submitted with the Traffic Control Plans for approval. Approved letters shall be distributed a
minimum of 24 hours prior to the commencement of work. (Note: The time frame criterion for distributing
letters is the same as for posting "NO PARKING" signs.) The cost for preparing and distributing the letters
shall be included in the cost for TCS.
Project Specifications - Page 19 of 23
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
' Traffic control management shall be maintained on a 24 hour per day basis. The Contractor shall make
arrangements so that the Traffic Control Supervisor or their approved representative will be available on every
working day, "on call" at all times and available upon the Engineer's request at other than normal working
' hours. All costs associated with "on call" service, excluding actual hours worked, shall be included in the
contract unit price for Traffic Control Supervisor.
' The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and
other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the
weekends, holidays, bad weather days, and other days the Contractor does not work shall be included in
the unit prices for the equipment. Time spent setting up equipment, modifying equipment, maintaining
' equipment, and picking up equipment shall be included in the unit prices for the equipment.
All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor.
' The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic
Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway
construction, available at all times.
' METHOD OF MEASUREMENT
Subsection 630.14 shall be revised as follows:
Quantities to be measured for construction traffic control devices shall be the number of units of the various
sizes and descriptions listed below:
Construction Traffic Signs: Size A Signs - 0.01 to 9.00 Square Feet
Size B Signs - 9.01 to 16.00 Square Feet
' "NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for Size
A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such as a
Vertical Panel or Type I Barricade. The sign material and stand shall be approved by the Engineer. The sign
material and stand will not be measured and paid for separately but shall be included in the Contract Unit Price
for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include
delivery, rental, setup, modification, maintenance, and pickup.
"NO PARKING" signs must remain in place until the street is open to traffic. The "NO PARKING"
' signs shall be in effect for one or two days only.
Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be measured
' by the unit. Barricade warning lights shall be measured and paid for separately if approved by the Engineer.
Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit.
The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The
' quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by the
Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion of a
day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor. "On
Call" and project inspections on all other days will not be measured and paid for separately but shall be included
in the work.
The cost for setting up equipment, modifying equipment, maintaining equipment, and picking up equipment
(not including "NO PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit
Price for Traffic Control Supervisor.
I
Project Specifications - Page 20 of 23
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit
Price for "Traffic Control Supervisor" at the per hour rate.
The quantity to be measured for flagging will be the total number of hours that flagging is actually used as
authorized. Hours of flagging in excess of those authorized shall be at the Contractor's expense. Flagger breaks
shall be included in the Contract Unit Price for Flagging. The method for covering flagger breaks shall be
approved by the Engineer.
Flagging outside of the construction work hours will not be paid for under the terms of this contract unless
authorized in writing by the Engineer.
Flagger stand-by time will not be paid for under the terms of this contract.
In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the
traffic control shall not be paid for under the terms of this contract. The costs for advance warning "NO
PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances
when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under
the terms of this contract unless authorized by the Engineer in writing.
In addition, the Owner shall deduct from compensation due the Contractor S 10.00 for each traffic control device
per day for said conditions, including "NO PARKING" signs and any signs which are not removed from the site
immediately upon completion of the work.
BASIS OF PAYMENT
Subsection 630.15 shall be revised as follows:
The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery,
rental, and pickup. The cost for setting up equipment, modifying equipment, and maintaining equipment will be
paid for under the Contract Unit Price for TCS as described above.
The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance,
and pickup.
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing of
construction traffic control devices necessary to complete the work. All construction traffic control devices
which are not permanently incorporated into the project will remain the property of the Contractor.
The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the
appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured,
they may be used throughout the project. Upon completion of the work, the Specialty Signs shall be returned to
the Contractor.
The accepted quantities for the City of Fort Collins will be paid for at the contract unit price for each of the pay
items listed below:
Pay Item Unit
630.01 "NO PARKING" Sign with Stand Per Day Per Each
630.02 Vertical Panel without Light Per Day Per Each
Project Specifications - Page 21 of 23
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
'
630.03 Channelizing Drum Without Light Per Day Per Each
630.04 Type 1/11 Barricade without Light Per Day Per Each
'
630.05 Type 111 Barricade without Light Per Day Per Each
630.06 Size A Sign with Stand Per Day Per Each
630.07 Size B Sign with Stand Per Day Per Each
630.08 Size A Specialty Sign - Cost of
'
Manufacturing Each
630.09 Size B Specialty Sign - Cost of
'
Manufacturing Each
630.10 Cone with Reflective Strip Per Day Per Each
'
630.11 Safety Fence Per Day Per Roll
630.12 Light Per Day Per Each
'
630.13 Advance Warning Flashing or
Sequencing Arrow Panel Per Day Per Each
'
630.14 Variable Message Board Per Day Per Each
630.15 Traffic Control Supervisor Per Day
630.16 Traffic Control Supervisor Per Hour
630.17 Flagging Per Each Per Hour
'
Flagger hand signs will not be measured and paid for separately, but shall be included in the work.
The flaggers shall be provided with electronic communication devices when required. These devices will not be
'
measured and paid for separately, but shall be included in the work.
The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately but
will be considered subsidiary to the item.
Sand bags will not be measured and paid for separately, but shall be included in the work.
The Contractor may provide larger construction traffic signs than those typically used in accordance with the
'
MUTCD, if approved; however, payment will be made for the typical panel size.
The Owner shall not be responsible for any losses or damage due to theft or vandalism.
1 Project Specifications - Page 22 of 23
REVISION OF SECTION 630
TRAFFIC CONTROL DEVICES (Continued)
SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS
NOTE: CROSS STREET TRAFFIC SHALL BE MAINTAINED AT ALL TIMES UNLESS AUTHORIZED BY THE
ENGINEER IN WRITING.
NOTE: FULL CLOSURES ON ARTERIALS AND COLLECTORS, INCLUDING THOSE LISTED ABOVE, WILL
BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE
ENGINEER. PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE
COMMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE
PUBLIC THROUGH THE MEDIA.
SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS
NOTE: FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE
TRAFFIC CONTROL PLANS.
Project Specifications - Page 23 of 23
' SECTION 02500
QUANTITIY ESTIMATE
' This work shall consist of placement of Type II asphalt slurry seal on designated streets and parking lots in the City
of Fort Collins. Specific locations are described herein. Locations not listed in this section will be added by Change
Order as they arise.
All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
' amount therefor.
I
SF0'I0N 02500
QUANTITY ESTIMATE
ENGLISH RANCH AREA
Width
Lcngth
SY
ANTELOPE RD
KENTFORD RD
EAST END
34
699
2,640
ASHMOUNT DR
L' HORSETOOTH RD
STOC'KBURY DR
34
1304
4,915
BROMLEY DR
OLD SECTION LIMIT
WHITWORTH DR
34
950
3,589
CARRINGTON CIR
CARRINGTON RD
STOC'KBURY DR
34
450
1,700
CARRINGTON CT
CARRINGTON RD
FAST END
34
154
581
CARRINGTON RD
ANTELOPE RD
REDBURN DR
34
1275
4,817
EASTGATL' LN
CARRINGTON RD
ZIEGLER RD
34
260
982
KENTFORD RD
ANTELOPE RD
REDBURN DR
34
1396
5,274
REDBURN DR
KENTFORD RD
CARRINGTON RD
34
565
2,134
ROCHDALE CT
WEST END
ROCHDALE DR
34
325
1,231
ROCHDALE DR
OLD SECTION LIMIT
STOC'KBURY DR
34
688
2,599
STOC'KBURY DR
KINGSLEY DR
CARRINGTON CIR
34
1656
6,256
WHITWORTH DR
KINGSLEY DR
BROMLEY DR
34
670
2,531
Area sub total
39,249
FAIRBROOKE AREA
Width
Length
SY
C'EDARWOOD DR
SOMERVILLE DR
W PROSPECT RU,
34
462
1,745
CHARLESTON CT
Cl IARLESTON WAY
SOUII I END
37
114
471
Cl IARLESTON WAY
CEDARWOOD DR
NORTH END
34
690
2,605
COVINGTON CT
NORTH END
SOUTH END
34
481
1,816
HOLLY PL
HOLLY WAY
WEST L'ND
34
257
971
HOLLY ST
SOMERVILLE DR
HOLLY WAY
34
278
1,050
HOLLY WAY
NORTH END
SOUTH END
68
300
2,263
INDIAN PEAKS I'L
FASTEND
SOMERVILLE DR
34
642
2,425
RAWAHS WAY
SOMERVILLE DR
EAST END
34
257
970
RUTLEDGE CT
NORTil END
SOUTH END
34
978
1,430
SOMERVILLE DR
COVINGTON CT
LANGSHIRE DR
34
1939
7,325
ZIRKFLS CT
SOMERVILLE DR
WEST END
34
410
1,548
At sub total
24,619
FOOTHILLS GREEN AREA
Width
Lcngth
SY
BENNINGTON CIR
W STUART ST
W STUART ST
34
1194
4,511
1IUNTING I'ON CIR
W STUART ST
W STUART ST
34
1212
4,579
KINGSBOROUGH DR
PROMENADE WAY
S TAFr BILL RD
34
1402
5,296
LEXINGTON CT
W S'I'UAR'I' ST
SOUTH END
34
448
1,694
PROMENADE WAY
KINGSBOROUGH DR
W STUART ST
34
1166
4,405
Unit Sub "fatal
20,485
GREENSTONE AREA
Width
Length
SY
BLUE WATER CT
NORTH END
GRL'L'NSTONE TRL
26
283
817
BLUE WATER CT(2)
GREENSTONE TRL
SOUTH END
26
358
1,033
GOLD HILL CT
STREAMSIDE DR
SOUTH END
26
308
889
GREENSTONE Cr
WEST END
GRFENSTONE TRL
26
230
664
GRL'L'NSTONE "IRL
CARPENTER RD
CARPENTER RD
32
3421
12164
RED SKY CT
GREENSTONE TRL
EAST END
24
547
1,459
SILVER MOON LN
NORTH END
GREENSTONE TRL
34
1503
6,209
STREAMSIDE CT
WEST END
STREAMSIDE DR
26
233
672
STREAMSIDE DR
GREENSTONE TRL
SILVER MOON LN
34
2491
9,410
STREAMSIDE DR (2)
SILVER MOON LN
CARPENTER RD
34
1499
5,663
WHITE PEAK CT
WEST' END
GREENSI ONETRL
26
257
742
Area sub total
3M21
SILVER OAKS AREA
Width
Length
SY
AUNI'IL SI*ONESI'
NORTH END
W HORSETIIO'I'H RD
46
1280
6,542
OAK HILL CT
TI IRF"E OAKS CT
SOUTII END
34
327
1,235
SILVER OAKS DR
BRONSON ST
SILV17R OAKS I'L
34
1599
6,041
SILVER OAKS PL
SILVER OAKS DR
SILVER TRAILS DR
34
270
1,020
SILVERTRAILS DR
W HoRsET(IOTH RD
SILVER OAKS PL
34
1919
7,250
SILVERLEAF CT
BRONSON ST
SOUTH END
34
591
2,232
THREE OAKS CT
SILVER TRAILS DR
SILVERLEAF CT
34
462
1,745
Area sub total
26,064
r■ r r
�r r r
ri
�r
�
WILLOW SPRINGS AREA
Width
Lcngth
SY
BATTLECREEK DR
GOLDEN WILLOW DR
S TIMBERLINE RD
34
2072
7,828
BLACK BARK CT
NORTH END
GOLDEN WILLOW DR
34
239
902
CANOPY CT
WL'STL'ND
WHITE WILLOW DR
34
377
1,424
CATKINS CT
WEST END
WHITE WILLOW DR
34
408
1,541
COASTAL CT
WHITE WILLOW DR
EAST END
34
170
642
CORONA CT
PACIFIC CI
EAST END
34
126
475
FANTAIL CT
GOLDEN WILLOW DR
LAST END
34
544
2,054
FELTLEAF CT
GOLDEN WILLOW DR
EAST END
34
842
3,180
GLOBE CT
(;OLDEN WILLOW DR
EAST END
34
877
3,312
GOLDEN WILLOW CT
BATI"LECREEK DR
EAST END
34
564
2,130
GOLDEN WILLO\V DR
BATI'LECREEK DR
SOUTH END
34
1573
5,942
MACKENZIE CT
WEST END
WHITE WILLOW DR
34
501
1,892
PACIFIC CT
RED WILLOW CT
EAST END
34
922
3,482
RED WILLOW CT
WILLOW SPRINGS WAY
SOUTH END
34
487
1,839
SANDBAR CT
PACIFIC CT
SOUTH END
34
127
479
TOPANGA CT
WEST END
WHITE WILLOW DR
34
434
1,639
WEEPING WAY
WHST FND
SOUTH END
34
1018
3,844
WHITE WILLOW DR
BATTLECREEK DR
SOUTH END
34
2839
10,724
WILLOW SPRINGS CT
WILLOW SPRINGS WAY
SOUTH END
34
139
524
WILLOW SPRINGS WAY
GOLDEN WILLOW DR
S TIMBERLINE RD
34
2215
8,368
Area sub total
62,222
STREET TOTAL
212,360
PARKS
Width
Lcngth
SY
EDORA BALLFIL'LD LOTS AND
ENTRANCE
13,8S7
COTTONWOOD PARKING LOT
1,474
CIVIC CENTER PARKING LOT
1,210
16,571
UTILITIES
Width
Lcngth
SY
DRAKE WATER RECLAMATION FACILITY (Link)
16,775
700 WOOD STREET PARKING
LOT (Dennis)
10,100
26,875
PARKING LOT TOTAL
TOTAL PARKING LOT
43,446
2of2
r r r r r r r■ r r r
SECTION 03500
PROJECT MAPS
AREA MAPS
Vicinity Map
Fairbrooke
Foothills Green
Silver Oaks
English Ranch
Willow Springs
Greenstone
PARKING LOT MAPS
Cottonwood Parking Lot
Edora Ballfield Lots & Entrance
Civic Center Parking Lot
Drake Water Reclamation Facility
700 Wood St Parking Lot
2010 City of Fort Collins Slurry Seal Project
PROVIDED, FURTHER, that the Said Surety, for value received, hereby stipul.ar..!3
and agrees Char. no change, exton3i.on of
lime, alteration or• addition to
the
terms of: the Agreement or r.o the
Work
to be performed th -,reunclar ur
the
spe<: i. f Lcations accompcinying the same
shall
in any way a f:tect i.r_s obligation
can
this bond; and it dues hereby waive
notice
of any such change, extension
of
'
ti_rne, alteration or addition to the
terms
of the Agreement or to the Work
or
to the Spec i. f ications .
PROVTDEU, IFURTIIER, that no final settlement be�ween the OWNER and t:he
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
' PROVIDED, FURTHER, that the Surety Company must be authori.zed to transact
business .in the State of Colorado and be acceptable to the OWNER.
' IN WITNESS WHEREOF, this instrument is executed in Chree (3) c:ount-evparts,
each one of which shall. he deemed an origL n:al, th.is26thday of May, 2010
:ZooCE OF: Principal A-1 Chipseal Company
(Tit le)
9apu'+FCiif„
`lr0 rp2i�iaarPl Seal)
4za PRESENGE 'OF:
era. �-------
IN PRESENCE OF:
Witness
2001 West 64th Lane, Denver, CO 80221
--- (Address) --
Other Partners
ny:
Surety Iestern Surety mpany
K ren A. Nest Attorney -in -Fact
375_Park Meadows Dr., Littleton, CO 80123
(Arldre:3s) -- --
must not be prior to date of Agreement.
is Partnership, all partners should execute Bond.
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L
SEA '1'1U�J 00615
PAYMENT BOND
Bond No.929504350
' KNOW ALL MEN BY1'HE:SE, PRESENTS: that
A-1 Ch.ipseal. Company
2001 West 64th Lane
Denver, CO 80221
(a Corporation) , hereinafter referred to as
' the "Principal" and
(Firm)Western Surety Company
' (Address) 1.0375 Park Meadows Dr., Littleton, CO 80123
hereinafter rcfer.r.ed to as "the Surety", are held and f.i.r.mly bound unto the
City of Fort Collins, 215 N. Mason Street, Fort Collins, CO 80522 a
(Municipal Corporation) hereinafter referred to as "the OWNER", in the penal
sum of Four Hundred Sixty Thousand Two Hundred Twenty* in lawful. money of the
United ,itares, for the payment of which sum we1L and truly to be made, we bind
' ourselves, successors and assigns, jointly and severally, firmly by these
presents.
*Eight and 50%100----- ($460,228.50)
TFIE CONDITIONS OF TIIIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement: with the OWNER, dated the 19thlay of May, 2010 ,
a ropy of which i.s hereto attached and made a part hereof for the performance
Of Asphalt Slurry Seal Project, Bid No. 6054 - 2010 Renewal
NOW, THI,REFORE, if the Principal. shal-I make payment to aL1 persons, firms,
subcontractors, and corporations furnishing materials for or performing labor
' in the prosecution of the Work provided for in such Agreement arid any
ai_rthor.Lzed extension or modification thereof, i.nc.l.udiny all amounts Clue for:
ma teri.a l s, I i.rhricant.g, repairs on machinery, aquipinent: and tools, consumed,
rented Or used i.n connr�ct.ion with the construction of such Work, and al.l.
' i.nsur.ance premiums on said Work, and for all. L-rbor•, performed i.n such Work
whether by Subcontractor or otherwise, then this obl i.gat.iori shall he void;
otherwise to rerfriiu in full force and effect.
1
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' �o�4Collins
Drake, Water
' ��-`�� Reclamation facility
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at 700 Wood 5t N
�.,F�ort Collins
Parkln,� Lot
2010 City of Fort Collins Slurry Seal Project
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-
PROV[DE'D, FURTHER, that Lhe iaid 3ureti, for
value rereired,
hereby o�ipula�eo
a,xj agcees that on chooqe, exLeosioo u[ iime,
t.ecmo nf the &gceom,�nc *c �n the Wock to
alL*ration or addition 1:0
he pcctnoo*d thereunder or
the
Ure
Spcci[icat:ino,q accompanying the same
nhall in
any way attect
i�n obliyaLiuu
on
Lhiy bond; and it. does hereby waive
not -Ace
of any ouch chauqo,
exLennion
o[
time, al�ecocion nr addition to �be
te/mu nt
the Agreement
or to the Work
or
to the Specifications.
PROvTDCD, FURTHER, r.bat no Final yptdemeot het*puu the OWNER and tbo
CONTRACTOR shall i--ibzid«e the right u[ any bane[iciazy hereunder, whose claim
may be unoatinficd.
PKOvIDF.D, rODT||CR, that the Surety Company must. be authorized to LranoacL
business in the 3tate of Colorado and be accepLable to the OWNER.
I0 WITNESS WHEREOF, Lhin instrument is executed in three (]) counLerpaccs,
each one of which shall be deemed an original, this26tyday ot May, 301Q
LTN ZRE"ENCIE; O�F: Princi��I zCh*
0-
NEWIWIMM
Seal)
OF :
2001 West 64t6 Lane, 0anvar, CO 80221
Other Partners
TW PRESENCE OF: Surety
~,` ^ 80|23
7/]6
t not be prior to date of Agreement.
is Partnership, all partners should execute Bond.
All
.JccLion 0061.5 �aqe 2
Western SuretyCompany
' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
' make, constitute and appoint
Evan E Moody, Vera. T Kalba, Karen A Feggestad, Daniel S Finholm, Cory R Mueller,
' Individually
r
of Denver, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
' undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
' and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporaticn and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
t This Power of Attorney is made and executed pursuant to and by. authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 15th day of April,2010.
,,ETr WESTERN SURETY COMPANY
o
F�� OpPOggl�o$
It!! j0
3&' vcA Y
.4
A��
Paul VrBruflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
' On this 15th day of April, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
' executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
1
My commission expires
i D. KRELL f
November 30, 2012 i �� NOTARY PUBLIC EAi
f�SOUTH DAKOTAU f
D. Krell, NoZry Public
CERTIFICATE
I, L. Nelson, Assistant Secretary ofWESTERN SURETYrCOIvIPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
I V
force, and. further certify that the By-Lawof the corporatwri pnnted,ori the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this i26th w4 day'of .Zr= May 2010.
"FIWESTERN SURETY COMPANY
u s
lCn .rV
L. Nelson, Assistant Secretary
I
Fonn F4280-09-06
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
SECTION 00630
CERTIFICATE OF INSURANCE
' CONTRACTOR shall insert his own standard form for Certificate of Insurance.
L
7/96
i�
Section 00630 Page 1
CONTRACT DOCUMENTS
00330 Bid Schedule
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
SPECIFICATIONS
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-4
7/96 Section 00300 Page 1
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5DATE
128/2010/ )
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis of Colorado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
720 South Colorado Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 60ON
Denver, CO 80246 INSURERS AFFORDING COVERAGE NAIC #
INSURED - INSURER A: Travelers Indemnity Company 25658
A-1 Chipseal Company INSURER B: Travelers Property Casualty Company 36161
DBA Rocky Mountain Pavement, LLC INSURER C: Pinnacol Assurance 41190
2001 West 64th Lane
INSURER D:
Denver, CO 80221
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADDT
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM/DDIYY
POLICY EXPIRATION
DATE MM/DD/YY
LIMITS
A
GENERAL LIABILITY
DTC0019OP673
10/01/09
10/01/10
EACH OCCURRENCE
$1 000000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED PREMISES fE.$300
000
CLAIMS MADE � OCCUR
MED EXP (Any one person)
$1 O 000
PERSONAL & ADV INJURY
$1 000 000
X
CGD2460805
GENERAL AGGREGATE
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
s2,000,000
POLICY X PRO LOC
B
AUTOMOBILE
LIABILITY
ANY AUTO
DT810019OP673
10/01/09
10/01/10
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESS/UMBRELLA LIABILITY
DTSMCUP0190P673
10/01/09
10/01/10
EACH OCCURRENCE
$10 000 000
X OCCUR CLAIMS MADE
AGGREGATE
$10 00O 000
$
DEDUCTIBLE
$
X RETENTION $ 10000
C
WORKERS COMPENSATION AND
4055760
10/01/09
10/01/10
X STALIMTU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$500000
E.L. DISEASE - EA EMPLOYEE
$500000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$500000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project Description: 2010 Asphalt Slurry Seal
Project Number: 6064
The following are Additional Insureds as respects General Liability
(See Attached Descriptions)
VCK I Irik A 1 C MULUCK 6AN1,CLLA I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
P O Box 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
K
IAC:UKU 115 (ZUU9/Ut$) 1 of 3 #S678663/M648763 8WCRO 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
' ACORD 25-S (2001/08) 2 of 3 #S678663/M648763
111Y t DESCRIPTIONSz(Contilnued from Page 1)
'only if required by written contract and coverage applies only as
respects ongoing operations performed by the Insured for the
Additional Insureds.
Additional Insureds: City of Fort Collins
All coverage terms, conditions and exclusions of the policy apply.
The Additional Insured endorsement which is referenced above under "Type
of Insurance -General Liability" is attached.
This Certificate of Insurance represents coverage currently in effect and
may or may not be in compliance with any written contract.
* The following cancellation conditions always apply:
-10 days for non-payment of premium
- If policy shown, 10 days for Workers' Compensation for fraud;
material misrepresentation; non-payment of premium; other reasons
approved by the Commissioner of Insurance
AMS 25.3 (2001/08) 3 of 3 #S678663/M6487630
6—uMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
. (CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended
to include any person or organization that you
agree in a "written contract requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a) Only with respect to liability for "bodily injury",
"property damage" or "personal injury'; and
b) If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shall be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". This endorsement shall not in-
crease the limits of insurance described in
Section III — Limits Of Insurance.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i. The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
ii. Supervisory, inspection, architectural or
engineering activities.
I_CG-D2 46 08 05
c) The insurance provided to the additional in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products -completed op-
erations hazard" unless the "written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period of time for
which the "written contract requiring insur-
ance" requires you to provide such coverage
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basis, that is
available to the additional insured for a loss we
cover under this endorsement. However, if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primary and non-contributory basis,
this insurance is primary to "other insurance"
available to the additional insured which covers
that person or organization as a named insured
for such loss, and we will not share with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible "other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured when that person or organization is
an additional insured under such "other insur-
ance".
4. As a condition of coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
2005 The St. Paul Travelers-Cornpanies, K6. -Page 1 of 2
013597
COMMERCIAL GENERAL LIAb,,ITY
1
it
J
1
1
L How, when and where the 'occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the 'occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "suit'; cooperate
with us in the investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
IPage-2 of 2 - -
any provider of 'other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition does not affect whether the insur-
ance provided to the additional insured by
this endorsement is primary to 'other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 3.
above.
5. The following definition is added to SECTION V.
— DEFINITIONS:
"Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily injury" and "property damage" oc-
curs and the "personal injury" is caused by an
offense committed:
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy period.
02005 The St. Paul Travelers Companies, lnc. CG D2 46 08.05
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 2010 Renewal, 6054 Asphalt
Slurry Seal Project
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: )
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date. `
A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated. j
By:
CONTRACTOR AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
specified area of the project at 12:01 a.m., on The
responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE DATE
REMARKS: M
7/96
Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
20
TO: A-1 Chipseal Company
Gentlemen:
You are hereby notified that on the day of , 20_, the City of
Fort Collins, 'Colorado, has accepted the Work completed by
for the City of Fort Collins project, 2010 Renewal,6054 Asphalt Slurry Seal
Project.
A check is attached hereto in the amount of $
as Final Payment for all Work done, subject to the terms of the Contract
Documents which are dated 20
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date: f 20 .
Sincerely,
OWNER: City of Fort Collins
By:
Title.
ATTEST:
Title.
7/96
Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: A-1 Chipseal Company (CONTRACTOR)
PROJECT: 2010 Renewal, 6054 Asphalt Slurry Seal Protect
1. The CONTRACTOR acknowledges having received payment, except retainage
from the OWNER for all work, labor, skill and material furnished,
delivered and performed by the CONTRACTOR for the OWNER or for anyone in
the construction, design, improvement, alteration, addition or repair of
the above described project.
2. In consideration of such payment and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged,
the CONTRACTOR voluntarily waives all rights, claims and liens, including
but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270
a and b), stop notices, equitable liens and labor and material bond
rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished,
delivered or performed for the construction, design, improvement,
alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land
improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered
or performed by the CONTRACTOR or its agents, employees, and servants, or
by and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project
or any funds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender,
if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
employees, servants, agents or assigns against the project or against the
7/96 Section 00650 Page 1 1
OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth
above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this
ATTEST:
Secretary
STATE OF COLORADO
day of
CONTRACTOR A-1 Chipseal Company
By:
Title.
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20_, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
7/96
20
day of
Section 00650 Page 2
0
0
SECTION 00660 0
CONSENT OF SURETY
TO: City of Fort Collins, Colorado 0
(hereinafter referred to as the "OWNER")
CONTRACTOR:A-1 Chipseal Company 0
PROJECT: 2010 Renewal, 6054 Asphalt Slurry Seal Project
CONTRACT DATE: 0
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety) 0
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of
(Surety Company) 0
By
0
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- 0
Fact.
0
0
1
7/96 Section 00660 Page 1 ,
8. BID SCHEDULE (Base Bid)
00"
BID SCHEDULE-?O10 REA'En'aI,
TTEAI NO
DESCRIPTION
UNIT
CONTRACT
QL AN
UNIT PRICE
TOTAL COST
105.10
Sweeping - All Streets
Each
2
$ 6.400.00
S 12.800.00
105?0
Sweeping -All Parking Lots
Each
2
$ 570.00
S 1,140.00
409.01
Type II Asphalt Slurry Seal - All Street Locations
SY
212,360
$ 1.65
S 350394.00
409.02
Type II Asphalt Slurry Seal - Parking Lots
SY
43.446
S 1.65
S 71,685.90
630.01
`No Parking" Sign V,ith Stand
Per Day Per Each
2,600
S 1.13
S 2938.00
630.02
Vertical Panel Without Light
Per Day Per Each
10
$ 0.45
$ 9.00
630.03
Channelizing Barrels
Per Dav Per Each
20
S 0.45
S 9.00
630.04
Type LII Barricade Without Light
Per Dar Per Each
20
$ 0.45
$ 9.00
630.05
Type III Barricade Without Light
Per Da}' Per Each
50
$ 1.13
$ 56.50
630.06
Size A Sign With Stand
Per Day Per Each
150
$ 1.13
S 169.50
630.07
Size B Sign With Stand
Per Day Per Each
120
$ 1.13
S 133.60
630.0E
Size A Specialty Sign - Cost of Manufacturing
Each
1
S 39.65
S 39.65
630.09
Size B Specialty Sign - Cost of hlamtfacmring
Each
1
$ 39.65
S 39.65
630.10
Cone With Reflective Ship
Per Day Per Each
500
$ 0.57
$ 295.00
630.11
Safety Fence
Per Day Per Roll
10
$ 0.57
S 5.70
630.12
Light
Per Day Per Each
10
$ 0.2'
S 2.20
630.13
Advance Warning Flashing - or Sequencing Arrow Panel
Per Day Per Each
5
S 22.66
S 113.30
630.14
Variable Message Board
Per Day Per Each
5
$ 147.30
S 736.50
630.15
Traffic Control Supervisor
Per Day
15
S 448.00
S 6.720.00
630.16
Traffic Control Supen-isor
Per Horn
100
S 44.20
S 4.420.00
630.17
Flagging
Per Hour
400
$ ?1.30 I
S 8,520.00
TOTAL. COST S 460r:8.50
Four Hundred SistyThousand Two Hundred Twenty Eight Dollars and
Signed
Company A-1 Chipseal Company
Check One:
Individual Doing Business in Company Name
Corporation
Partnership
Partnership
7/96
Fifty Cents.
Address �Q' /O �-{� I n
PhaaaFas �. (✓✓ i -1 �"T gZb-7 F�'
I
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DR 0172 (12/98) /�
COLORADO DEPARTMENT OF REVENUE 6
DENVERCO 80261
(303) 232-2416 CONTRACTOR APPLICATION
24
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XDC)
The exemption certificate for which you area p plying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure,
highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided
by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (Seereverseside).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED-
RegistratiWAccotnt No. to be assigned by D
Period
89 -
0170-750 (999) $0.00
,ZONTRACTOR`INFORMATION
4 -t,.�.. �,
A
Me name/0name
ner, partner, or corporate name.
Mailing address (City. State,Zip):
Contact Person
- ail address: Federal mployers Iden6 cation Number
Bid amount for your contract
ax um er: Business telephone number: Worado withholding tax account number.
�-
EXEMPTION; INFORMAtTION t Coptes olcontract o[ agreement pagas. (1) identlfytng the contt-acbng parries
_.,, „ w,hand �2) containing signatures;of contracting parties mustbe attached �< , x
Name o exemptorganzauon as shown on contract) Exemptorganizations number:
98 -
Address of exempt organization (City, State, up):
Principal contact at exempt organization:
rtnrapal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities andlor county lies) where project is located)
Scheduled Month uay YearEstimated ont ay Year
construction Stan date: completion date.
N.r�,4fr.
1 declare under penalty of perjury in the second degree that,the statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
Section 00670 Page 1
fld
Special Notice I
Contractors who have completed this application in the past, please note the following changes in procedure:
The Department will no longer issue individual Certificates of exem ption to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects. D
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the 0
prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a
minimum of three years and be available for inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application. a
1� I
1
Section 00670 Page 2 1
SECTION 00700
GENERAL CONDITIONS
1
1
I
11
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL. CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF TEE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
�I
F�
11
Article or Paragraph
Number & Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page Article or Paragraph
Number Number & Title
DEFINITIONS.......................................................
1.1
Addenda..............................-..............1
1.2
Agreement.._....,.,
1
1.3
Application for Payment.......................1
1.4
Asbestos..............................-..............1
1.5
Bid.....................................................1
1.6 .
Bidding Documents...,,.,
,,.I
1.7
Bidding Requirements ..................
....1.
1.8
Bonds.................................................1
1.9
Change Order......................................I
1.10
Contract Documents
I
1.11
Contract Price......................................1
1.12
Contract Times..,.
1
1.13
CONTRACTOR
1
1.14
defective,,.,.._..,..
1.15
Drawings............................................1
1.16
Effective Date of the Agreement,,.,,._....
1
1.17
ENGINEER........................................I
1.18
ENGINEER's Consultant .......................
1
1.19
Field Order .........................................
1
1.20
General Requirements ..........................
1.21
Hazardous Waste .................................
^
1.22.a
Laws and Regulations; Laws or
Regulations......................................2
1.22.b
Legal Holidays ....................................
2
1.23
Liens..................................................2
1.24
Milestone......,,,,
2
1.25
Notice of Award,,,,,,,,,,,,,, ..................
1.26
Notice to Proceed.................................2
1.27
OWNER.............................................2
1.28
Partial Utilization
2
1.29
PCBs ............... ...................................
2
1.30
Petroleum ...........................................
2
1.31
Project................................................2
1.32.a
Radioactive Material ............................2
1.32.b
Regular Working Hours......
2
1.33
Resident Project Representative,,,,,,.....,
2
1.34
Samples..............................................2.
1.35
Shop Drawings....................................2
1.36
Specifications......... I ..........................
1.37
Subcontractor ...............................
....... 2
1.38
Substantial Completion.„....................2
1.39
Supplementary Conditions...................2
1.40
Supplier..,.,.,,,
2
1.41
Underground Facilities ...................?-3
1.42
Unit Price Work ...............................
3
1.43
Work......':.......
3
1.44
Work Change Directive........,,,,
3
1.45
Written Amendment„.........................3
Page
Number
2. PRELIMINARY MATTERS ................................
3
2.1
Delivery of Bonds............................3
2.2
Copies of Documents .......................3
2.3
Commencement of Contract
Times; Notice to Proceed ...............
3
2.4
Starting the Work,,,,,,,,,,,,,,,,,, „ .......
2.5-2.7
Before Starting Construction;
CONTR4CTOR's Responsibility
to Report; Preliminary Schedues;
Delivery of Certificates of
Insurance ...................................
3-4
2.8
Preconstruction Conference .............
4
2.9
Initially Acceptable Schedules ..........4
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE .........
...................................4
3.1-3.2
Intent .............................................
4
3.3
Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives ...................................
5
3.5
Amending Contract Dociments,,......5
3.6
Supplementing Contract
Documents ...................................
5
3.7
Reuse of Documents .........................5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS.........................................5
4.1
Availability of Lands ......... ........ *....
5-6
4.2
Subsurface and Physical
Conditions ....................................
6
4.2.1
Reports and Drawings......................6
4.2.2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data......:......................................6
4.2.3
Notice of Differing Subsurface
or Physical Conditions ..................
6
4.2.4
ENGINEERs Review ........................
6
4.2.5
Possible Contract Documents
Change.........................................6
4.2.6
Possible Price and Times
Adjustm ents ..............................
6-7
4.3
Physical Conditions --Underground
Facilities .......................................
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown or Indicated...................7
4.4
Reference Points .............................
7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
NumberA Title
Page Article or Paragraph
Number Number & Title
4.5
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material .....................
7-8
5. BONDS AND INSURANCE .................................
8
5.1-5.2
Performance, Payment and Other
Bonds 1
...............................................
8
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ....................
8
5.4
CONTRACTOR's Liability
Insurance..........................................9
5.5
OWNER's Liability Insurance...............9
5.6
Property Insurance ..........................9-10
5.7
Boiler and Machinery or Addi-
tional Property Insurance..................10
5.8
Notice of Cancellation Provision
10
5.9
CONTRACTOR's Responsibility
for Deductible Amounts
.....................
10
5.10
Other Special. Insurance ......................10
5.11
Waiver of Rights, ...............................
11
5.12-5.13
Receipt and Application of
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds and Insur-
ance; Option. to Replace....................11
5.15
Partial Utilization --Property
Insurance........................................11
6. CONTRACTOR'S RESPONSIBILITIES ...............
11
6.1-6.2
Supervision and Superintendence.......
11
6.3-6.5
Labor, Materials and Equipment...
11-12
6.6
Progress Schedule..............................12
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation .............
12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .........................13-14
6.12
Patent Fees and Royalties .... .............14
6.13
Permits .............................................
14
6.14
Laws and Regulations ........................14
6.15
Taxes
14-15
6.16
Use of Premises .................................
15
6.17
Site Cleanliness .................................
15
6.18
Safe Structural Loading .....................
15
6.19
Record Documents .............................15
6.20
Safety and Protection .....................15-16
6.21
Safety Representative .........................16
6.22
Hazard Communication Prop -rams
16
6.23
Emergencies.....................................16
6.24
Shop Drawings and Samples..............16
Page i
Number
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal ....................................
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Documents....,..,.,..17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals...................................17
6.29
Continuing the Work......................17
6.30
CONTRACTORS General
Warranty and Guarantee .... . .........17
6.31-6.33
Indemnification ..........................
17-18
6.34
Survival of Obligations ...................
I S
7. OTHER WORK .................................................
is
7.1-7.3
Related Work at Site.......................IS
7.4
Coordination
18
8. OWNER'S RESPONSIBILITIES .............„..,..,,,,_18
8.1
Communications to CON-
TRACTOR.................................18
8.2
Replacement of ENGINEER .....
.,..,.18
8.3
Furnish Data andPay Promptly
When Due ..................................
is
8.4
Lands and Easements; Reports
and Tests:..,_
18-19
8.5
Insurance,..,.....
„.„.19
8.6
Change Orders...............................19
8.7
Inspections, Tests and
Approvals...................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services......................................19
8.9
Limitations on OWNER'S
Responsibilities .................. ....
. .....19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material .....................
19
8.11
Evidence of Financid
Arrangements .............................
19
9. ENGINEER'S STATUS DURING
CONSTRUCTION .............................................
19
9.1
OWNERs Representative ...............
19
9.2
Visits to Site..................................19
9.3
Project Representative ...............19-21
9.4
Clarifications and Interpre-
tations ........................................
21
9.5
Authorized Variations in Wrk
21
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
'
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
9.6
Rejecting Defective Work..................21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER's Request .....................27-28
and Payments .................. I................21
13.10
OWNER May Stop the Work ...........
9.10
Determinations for Unit Prices .......
1 22
13.11
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ...........................28
NEER as Initial Interpreter..............22
13.12
Correction Period ...........................2
8
9.13
Limitations on ENGINEER's
13.13
Acceptance ofDefecdve Work ......
_..28
Authority and Responsibilities,..,
22-23
13.14
OWNER May Correct Defective
Work ....................................
28-29
CHANGES IN THE WORK .......................................
23
10.1
OWNER's Ordered Change................23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment ........................
23
COMPLETION
.......,.„..„.,,,..................... ........
. 29
10.3
Work Not Required by Contract
14.1
Schedule of Values„.......................29
'
Documents ....................................
23
14.2
Application for Progress
10.4
Change Orders..................................23
Payment .....................................
29
10.5
Notification of Surety ........................23
14.3
CONTRACTOR's Warranty of
Title .... ............29
. ........................ .
1
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments..................29-30
Adjustment; Value of
14.8-14.9
Substantial Completion ................
30
the Work ....... ... .........................23-24
14.10
Partial Utilization ,......._...,.._..,...30-31
'
11.4
Cost of the Work.. ........
24-25
14.11
Final Inspection ..
31
11.5
Exclusions to Cost of the Work
.......25
14.12
Final Application for Payment..,.....31
pp
11.6
CONTRACTOR's Fee ........................
25
14.13-14.14
Final Payment and Acceptance .......
31
11.7
11.8
Cost Records...............................25
Cash Allowances.._,,...,.
26
26
14.15
Waiver of Claims
31-32
11.9
Unit Price Work................................26
15. SUSPENSION OF WORK AND
TERMINATION
...............................................
32
'
CHANGE OF CONTRACT TIMES ..........................:
12.1 Claim for Adjustment .....
26
26
15.1
15.2-15.4
OWNER May Suspend Work .:....:
OWNER May Terminate..,..
32
32
12.2
Time of the Essence ...............
26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate ..................
32-33
Control
^
12.4
.............
Delays Bevond OWNER's and
CONTRACTOR's Control...............27
16. DISPUTE RESOLUTION ..................................
33
17. MISCELLANEOUS
33
TESTS AND
INSPECTIONS;. CORRECTION,
17.1
Giving Notice ................................
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times....................33
'
DEFECTIVE
WORK..................................................27
17.3
Notice of Claim.,,,,,.,,,.......,.,....,.,..33
13.1
Notice of Defects...............................27
17.4
Cumulative Remedies ......................
33
13.2
Access to the Work ..........................„27
17.5
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included_**..........................33
'
CONTRACTOR's Cooperation......._.
27
17.6
Applicable State Laws ...............
33-34
13.4
OWNER's Responsibilities;
Intentionally
left blank.......................................35
Independent Testing LaboratorY,.,.,.27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
'
Responsibilities .............................27
Dispute Resolution Agreement..................... GC -Al
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration.._....., GC -Al
tion, Testing or Approval.................27
16.7
Mediation ............................... QC -AI
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance........................................5.14
defective Work............................10.4.1, 13.5, 13.13
final payment.........................................9.12, 14.15
insurance 5.14
other Work, by CONTRACTOR ..........................7.3
Substitutes and "Or -Equal" Items....,.... 6.7.1
Work by OWNER...............................2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities............................................. 4.1
site, related Work .............................................. 7.2
Work...........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions --
CONTRACTOR .......... .........................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER................ .............................
.......
6.20, 8.9
Addenda --definition of i also see
defmition of Specifications) ....... (1.6, 1.10, 6.19), 1.1
Additional Property Insurances ................................. 5.7
Adjustments --
Contract Price or Contract
Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2,
.............................4.5.3, 9.4, 9.5, 10.2-10.4,
....................................11, 12, 14.8, 15.1
progress schedule .............................................. 6.6
Agreement --
definition of......................................................1.2
"All -Risk" Insurance, policyform............................5.6.2
Allowances, Cash....................................................11.8
Amending Contract Documents ................................ 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment--
defmition of......................................................1.3
ENGINEER's Responsibilitv...............................9.9
final payment ................. 9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment......................................14.1-14.7
review of 14.4-14.7
...................................................
Arbitration....................................................16.1-16.6
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ....... ..4.5.2
definition of
......................................................... IA
Article or Paragraph
Number
OWNER responsibility for .............................
4.5.1, 8.10
possible price and times change ........................4.5.2
Authorized Variations in Work ...........
.6, 6.25, 6.27, 9.5
Availability of Lands..........................................4.1,
8.4
Award, Notice of --defined .,.,.......
..... 1.25
Before Starting Construction.............
.................2.5-2.8
Bid --definition of........1
.................5
11
(1., .10, 2.3, 3.3,
........................ 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of
1.6(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds..................................10.5,
11.4.5.9
Cost of the Work.............................................11.5.4
definition of.......................................................1.8
delivery of...................................................2.1,
5.1
final Application for Payment .................14.12-14.14
general ......................................
1.10, 5.1-5.3, 5.13,
........................................9.13,
10.5, 14.7.6
Performance, Payment and Other ...............
.... 5.1-5.2
Bonds and Insurance --in general.............................
....5
Builder's risk "all-risk" policy form .........................5.6.2
Cancellation Provisions, Insurance ..........
5.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion .........
1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of Inspection ...................9.13.4,
13.5, 14.12
Certificates of Insurance ............. 2.7,
5.3, 5.4.11, 5.4.13,
.......................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ............................................„
11.8
claim for price
adjustment......,....- 4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
................... 9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
.......................13.13, 13.14,
14.7, l 5.1, 15.5
CONTRACTOR's fee.........................................11.6
Cost of the Work
general ................. ...............................
11.4-11.7
Exclusions to...............................................11.5
Cost Records.....................................................11.7
in general.............1.19, 1.44, 9.11,
10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety.........................................10.5
Scope of,.... ............... ..............10.3-10.4
Testing and Inspection,
Uncovering the Work..................................13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
�1
J
Unit Price Work...........................................11.9
Article or Paragraph
Num ber
Value of Work ..................................................
11.3
Change in Contract Times --
Claim for times adjustment...,__.
4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1,
...,....13.9,13.13,13.14,14.7,15.1,15.5
Contractual time limits.....................................12.2
Delays beyond CONTRACTOR's
control.....................................................12.3
Delays beyond OWNER's and
CONTRACTOR's control.............................12.4
Notification of surety..........................................10.5
Scope of change........................................10.3-10.4
Change Orders --
Acceptance of Defective Work ..........................13.13
Amending Contract Documents ..........................
3.5
Cash Allowances ...................
11.8
Change of Contract Price.....................................I
I
Change of Contract Times...................................12
Changes in the Work ....,_...
......................10
CONTRACTOR's fee
11.6
Cost of the Work.......................................11.4-11.7
Cost Records..........:.........................................11.7
definition of ............................: .........................
1.9
emergencies......... ...........................................
.6.23
ENGINEER's responsibility.......
9.8, 10.4, 11.2, 12.1
execution of.....................................................10.4
Indemnifiction .........................6.12, 6.16, 6.31-6.33
Insurance; Bonds and........., ..............
5.10, 5.13, 10.5
OWNER may terminate .. ..... ..............
.......15.2-15.4
OWNER's Responsibility ............................
8.6, 10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities--............................4.3.2
Record Documents ..............
6.19
Scope of Change....,,..........................10.3-10.4
Substitutes ...............................:.............
6.7.3, 6.8.2
Unit Price Work ...............................................
11.9
value of Work, covered by„...............................11.3
Changes in the Work ............. ...................................
.10
Notification of surety.........................................10.5
OWNER's and CONTRACTOR's
responsibilities.............................................10.4
Right to an adjustment......................................10.2
Scope of change.,..,_.,
...............10.3-10.4
Claims --
against CONTRACTOR ...........................
.........6.16
against ENGINEER .. .........
......... ........ 6.32
againstOWNER...............................................6.32
Change of Contract Price ............................
9.4, 11.2
Change of Ccntract Times ........................
9.4, 12.1
CONTRACTOR's....._ .....,4, 7.1, 9A, 9.5, 9.11, 10.2,
........................... 11.2, 11.9,
12.1, 13.9, 14.8,
............................................15.1,
15.5, 17.3
vi
CONTRACTOR's Fee ............ „11.6
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work.......................................11.4,
11.5
Decisions on Disputes ................ ...............
9.11, 9.12
Dispute Resolution...........................................16.1
Dispute Resolution Agreement ....................16.1-16.6
ENGINEER as initial interpretor .......................
9.11
Lump Sum Pricing.........................................11.3.2
Notice of..........................................................17.3
OWNER's....................9.4, 9.5, 9.11, 10.2,
11.2, 11.9
12.1 13.9 13.13 13 14 173
.........................I I
OWNER's liability ............... ................................5.5
, . > .
OWNER may refuse to make payment
................. 14.7
Professional Fees and Court Costs
Included ...................... .. .......................17.5
......
request for formal decision on ...........................9.11
Substitute Items ..................... ...__...
.......0.7.1.2
Time Extension,,,._...
.., ..,,..12.1
Time requirements....................................9.11,
12.1
Unit Price Work ....... .........
........11.9.3
Value of ..... ..........
11.3
....... .
Waiver of --on Final Payment.................14.14,
14.15
Work Change Directive......................................10.2
written notice required ......................9.11,
11.2, 12.1
Clarifications and Interpretations......,.....
3.6.3, 9.4, 9.11
Clean Site.............................................................
6.17
Codes of Technical Society, Organization
or Association...
ssociation..............................................
... 3.3.3
Commencement of Contract Times ...........................2.3
Communications—
general..............................................6.2,
6.9.2, 8.1
Hazard Communication Programs .....................
6.22
Completion --
Final Application for Payment .........................14.12
Final Inspection ... ................................
14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization ............................................
14.10
Substantial Completion....:.................1.38,
14.8-14.9
Waiver of Claims.....,,,,,,
14.15
_
Computation of Times.,...* .......... ..........17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others.................................................6.8-6.11
Conferences --
initially acceptable schedules. ............................
2.9
preconstruction .....................................
...2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report ...........................2.5,
3.3.2
Construction, before starting by
CONTRACTOR ....
^.5-2.7
Construction Machinery, Equipment, etc,........
.......... 6.4
Continuing the Work .....................................
6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds .................
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances..............................................11.8
Article or Paragraph
Number
Change of Contract Price ....................................
11
Change of Contract Times ...................................
12
Changes in the Work................................10.4-10.5
check and verify ....... ......... ...........
2.5
Clarifications and
Interpretations .........................3.2, 3.6, 9.4, 9.11
definition of
........................................................
1.10
ENGINEER as initial interpreter of .................
9.II
ENGINEER as OWNER's representative..............9.1
general3
Insurance...........................................................5.3
Intent .........................................................
3.1-3.4
minor variations in the Work ........... ........ :
3.6
..........
OWNER's responsibility to furnish data...............8.3
OWNER's responsibility to make
prompt payment ..........................8.3, 14.4,
14.13
precedence ............... ................3.1,
3.3.3
Record Documents .............................................
6.19
Reference to Standards and Specifications
of Technical Societies...................................3.3
Related Work ......................................................
7.2
Reporting and Resolving Discrepancies..,...._
2.5, 3.3
Reuse of
...............................................................
3.7
Supplementing..................................................
3.6
Termination of ENGINEER's Employment..........
8.2
Unit Price Work .................................................
11.9.
variations.........................................3.6,
6.23, 6.27
Visits to Site, ENGINEER's ...............................
9.2
Contract Price --
adjustment of ................ 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Change of ......................
...........11
Decision on Disputes........................................9.11
definition of
1.11
Contract Times --
adjustment of ,,,,,,,,,,,,,3.5, 4.1, 9.4, 10.3, 12
Change of................................................12.1-12.4
Commencement of ..............................................
2.3
definition of ....................................................
1..12
CONT1?.4CTOR--
Acceptance of Insurance ....................................
5.14
Communications......................................6.2,
6.9.2
Continue Work ........................................
6.29, 10.4
coordination and scheduling............................6.9.2
definition of .......................................................
1.13
Limited Reliance on Technical
Data Authorized4.2.2
May Stop Work or Terminate............................15.5
provide site access to others,,,,,,,,,,,,,,,,,,,,,,,
7.2, 13.2
Safety and Protection ..................4.3.1.2, 6.16, 6.18,
......................................6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal .........................................
6.25
Stop Work requirements..................................4.5.2
CONTRACTOR's-
Article or Paragraph
Number
Compensation ........ ....................................
11.1-11.2
Continuing Obligation....................................14.15
Defective Work...,.,..,., „ ................ 9 6, 13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report --
Changes in the Work caused by
Emergency ...........................................
6.23
Defects in Work of Others .............................
7.3
Differing conditions...................................4.2.3
Discrepancy in Documents,,,,,,,, 2.5, 3.3.2,
6.14.2
Underground Facilities not indicated,,,,,.,,,,
4.3.2
Emergencies.....................................................6.23
Equipment and Machinery Rental, Cost
of the Work...........................................11.4.5.3
Fee --Cost Plus..........................11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee .......................6.30
Hazard Communication Programs .....................6.22
Indemnification ........................6.12, 6.16, 6.31-6.33
Inspection of the Work..,,_.,,,,,_
_ 7.3, 13.4
Labor, Materials and Equipment ....................6.3-6.5
Laws and Regulations, Compliance by.............6.14.1
Liability Insurance ............................... ..............
5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
theWork....................................................6.30
Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,,
6.12
Performance and Other Bonds .. .. ... ....... ...........
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule ...........................2.6, 2.8, 2.9, 6.6,
........................................6.29, 10.4, 15.2.1
Request for formal decisionon disputes ..............
9.11
Responsibilities --
Changes in the Work..................................10.1
Concerning Subcontractors, Suppliers
and Others......................„._,.,,,,..„..6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR'S expense...........................6.7.1
CONTRACTOR's General Warranty
and Guarantee.......................................6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal.................6.25
Coordination of Work.............„..„.........„..6.9.2
Emergencies .................................. ............
6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items .............................
6.7.3
For Acts and Omissions
of Others.............................6.9.1-6.9.2, 9.13
for deductible amounts, insurance...................5.9
general........................................6, 7.2,
7.3, 8.9
Hazardous Communication Programs ...........
6.22
Indemnification
6.31-6:33
vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00500
AGREEMENT FORMS
00520 Agreement
00530 Notice to Proceed
1
0
0
1
Labor, Materials and Equipment..............6.3-6.5
Laws and Regulations.................................6.14
Liability Insurancz ......... ......... ............ 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents ...........................................
6.27
Patent Fees and Royalties .............................
6.12
Permits ..........................
6.13
Progress Schedule .........................................
6.6
Record Documents.......................................6.19
related Work performed prior to
ENGINEER's approval of required
submittals .............................................
6.28
safe structural loading.................................6.18
Safety and Protection .................... 6.20,
7.2, 13.2
Safety Representative .............. . .
....6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples .......................
6.24
Shop Drawings and Samples Review
by ENGINEER......................................6.26
Site Cleanliness..........................................6.17
,. Submittal Procedures..... ....... .....................6.25
Substitute Construction Methods
and Procedures.....................................6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence ............................
.......... 6.2
Supervision ................................ a ..................6.1
Survival of Obligations ................ ...............
.6.34
Taxes ..............................
6. I5
Tests and Inspections...................................13.5
ToReport ............ ......... .........
...........2.5
Use of Premises .....................6.16-6.18,
6:30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work......10.2
right to claim.,,......... 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
........... 1.9,12.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection .................. 6.20-6.22, 7.2, 13.2
Safety Representative........................................6.21
Shop Drawings and Samples Submittals .....
6.24-6.28
Special Consultants.......................................11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense...........................................6.7.1,
6.7.2
Subcontractors, Suppliers and Others _...„....6.8-6.11
Supervision and Superintendence .......... 6.1,
6.2, 6.21
Taxes, Payment by............................................6.15
Use of Premises .... ....................................
6.16-6.18
Warranties and guarantees ..........................6.5,
6.30
Warranty of Title.......
........ 14.3
Written Notice Required --
CONTRACTOR stop Work or terminate
........ 15.5
Reports of Differing Subsurface
and Physical Conditions .......................
4.2.3
Substantial Completion................................14.8
CONTRACTORS --other .............................................. 7
Contractual Liability Insurance .............................. 5'.4.10
Contractual Time Limits ............. ......... ......... J2.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility ........................6.9.2
Copies of Documents.................. ........
........... — .2
Correction Period.. ................................................
13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13.14
Acceptance ofDefeetive Work ..........................1.3.13
Correction or Removal of
Defective Work .............. ...................
6.30, 13.11
Correction Period ............................................
13.12
OWNER May Correct Defective Work ...............
13.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections.....................................13.4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts.............................................11.4.2
CONTRACTORSs Fee........................................11.6
Employee Expenses......................................11.4.5.1
Exclusions to ....................................................
11.5
General 11.4-11.5
Home office and overhead expenses ....................11.5
Losses and damages ....................... I .............
11.4.5.6
Materials and equipment ................
..11.4.2
.........
Minor expenses...........................................11.4.5.8
Payroll costs on changes.................................11.4.1
performed by Subcontractors...........................11.4.3
Recordsll.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees............................................11.4.5.5
Site office and temporary• facilities ................11.4.5.2
Special Consultants, CONTRACTOR's.............
11.4.4
Supplemental .......................................
........11.4.5
Taxes related to the Work ................
...11.4.5.4
Tests and Inspection.........................................13.4
Trade Discounts .............
11.4.2
Utilities, fuel and sanitary facilities ..............11.4.5.7
Work after regular hours.................................11.4.1
Covering Work ................
13.6-13.7
Cumulative Remedies......................................17.4-17.5
Cutting, fitting and patching ......... .........
......... 7.2
Data, to be furnished by OWNER....... .......................
8.3
Day --definition of....„..
17.2.2
Decisions on Disputes... . ....,.., *. ..................9.11,
9.12
defective --definition of.........................................1.14
defective Work --
Acceptance of.....................................10.4.1,
13.13
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of......................10.4.1, 13.11
Correction Period 13.12
.............................................
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ...... . ............. .
....... . ... 9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects...................................13.1
Rejecting...........................................................9.6
Uncovering the Work.......................................13.8
Definitions ................................................................
1
Delays......................................4.1, 6.29, 12.3-12.4
Delivery of Bonds ..........................................
... . ...... .?.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices
..................................
9.10
Differing Subsurface or Physical Conditions -
Noticeof.........................................................4.2.3
ENGINEER's Review
4.2.4
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments..............4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2,
6.14.2
Dispute Resolution -
Agreement ................................................16.1-16.6
Arbitration .................................................
16.1-16.5
general l6
Mediation
16.6
Dispute Resolution Agreement.........................16.1-16.6
Disputes, Decisions by ENGINEER ...................
Docum ents--
Copies of.. .........................................................
Record 6.19
Reuseof.............................................................3.7
Drawings --definition of...........................................1.15
Easements ...................
4.1
Effective date of Agreement -- definition of..............1.16
Emergencies...........................................................6.23
ENGINEER --
as initial interpreter on disputes .................
9.11-9.12
definition of .........................
1..17
Limitations on authority and responsibilities....,
9.13
Replacement of ..................................................
8.2
Resident Project Representative,..... *....................9.3
ENGINEER's Consultant -- definition of..................1.18
ENGINEER's--
authority and responsibility, limitations on.,,,,,,, 9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility foT....... 9.7,
10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes .... ...... .....................
9.11-9.12
defective Work, notice of..,,,,, _... *....
..........13.1
Evaluation of Substitute Items ..........................6.7.3
Liability...................................................6.32,
9.12
Notice Work is Acceptable ...............................
14.13
Observations ........... ......... ....I.... ..6..30.2,
9.2
OWNER's Representative, ...................................
9.1
Payments to the CONTRACTOR,
Responsibility for.....................................9.9,
14
Recommendation of Payment .. ..............14.4,
14.13
Article or Paragraph
Number
Responsibilities --Limitations on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
6.26
Status During Construction --
authorized variations in the Work
9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes....... I .................
9.11-9.12
Determinations on Unit Price
9.10
ENGINEER as Initial Interpreter ..........
9.11-9.12
ENGINEER's Responsibilities ................9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities ..............................
9.13
OWNER's Representative.
9.1
Project Representative...................................9.3
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site .
9.2
Unit Price determinations ..................................
9.10
Visits to Site ........................................................
9.2
Written consent required ..............................
7.2, 9.1
Equipment, Labor, Materials and .........
..... 6.3-6.5
Equipment rental, Cost of the Work...................11.4.5.3
Equivalent Materials and Equipment ........................
6.7
error or omissions
....................................................
6.33
Evidence of Financial Arrangements .......................8.11
Explorations of physical conditions .
.........4.2.1
Fee, CONTRACTOR's--Costs Plus ...........................1
1.6
Field Order --
definition of.....................................................1.19
issued by ENGINEER ................................
3.6.1, 9.5
Final Application for Payment ...................
........ 14.12
Final Inspection....................................................14.11
Final Payment --
and Acceptance.....................................14.13-14.14
Prior to, for cash allovences... .......................11.8
General Provisions ..........................................
17.3-17.4
General Requirements -
definition of.....................................................j.20
principal references to..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.........................................................17.1
Guarantee of Work --by CONTRACTOR ........
6.30, 14.12
Hazard Communication Programs ..........................
6.22
Hazardous Waste --
definition of..............................,......................1.21
general.............................................................
4.5
OWNER's responsibility for ...............................
8.10
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification..............................6.I2, 6.16, 6.31-6.33
Initially Acceptable Schedules...................................2.9
Inspection --
Certificates of..............................9.13.4, 13.5, 14.12
Final ...... ......................14.11
Article or Paragraph
Number
Special, required byENGINEER 9.6
Tests and Approval ............... ......... 8.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER...............................5.14
Additional, required by changes
in the Work. ..............................
11.4.5.9
Before starting the Work ....................................
2.7
Bonds and --in general ._.........
5
Cancellation Provisions....,.... ............................
.
5.8
Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13,
..................*....5.6.51 5.8, 5.14, 9.13.4, 14.12
completed operations.....................................5.4.13
CONTRACTOR's Liability ..... .........................5.4
CONTRACTOR's objection to coverage.............5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................
5.9
Final Application for Payment .........................14.12
Licensed Insurers...............................................5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace ............................................
5.14
other special insurances....................................5.10
OWNER as fiduciary for insureds ..............
.5.12-5.13
OWNER's Liability ............................................
............................
5.5
OWNER's Responsibility.....................................8.5
Partial Utilization, Property Insurance...............5.15
Property .......................... ...........................
5.6-5.10
Receipt and Application of Insurance
Proceeds .. ... .........................................
5.12-5.13
Special Insurance .............................................
5.10
Waiver of Rights..............................................5.11
Intent of Contract Documents .... .. ......... ...............
3.1-3.4
Interpretations and Clarifications .....................3.6.3,
9.4
Investigations of physical conditions ..........................
4.2
Labor, Materials and Equipment..........................6.3-6.5
Lands --
and Easem ents.
8.4
Availability of.............................................4.1,
8.4
Reports and Tests.............................................
..8.4
Laws and Regulations --Laws or Regulations--
Bonds.........................................................
-5.2
Changes in the Work .............................
..10.4
Contract Documents ...............................
3.1
CONTRACTOR's Responsibilities........, *.........6.14
Correction Period, defective Work .....................
...........
13.12
Cost of the Work, taxes...............................11.4.5.4
definition of ................... .............................
1.22
general6.14
Indemnification .........................
6.31-6.33
Insurance.............................. _..........5.3
......................
Precedence................................................3.1, 3.3.3
Reference to ................................. . 3.3.1
.................
Safety and Protection................................6.20, 13.2
Subcontractors, Suppliers and Others ........... 6.8-6.11
Article or Paragraph
Number
Tests and Inspections....................................13.5
Use of Premises,,,..._..
6.16
Visits to Site... .., . ...........
9.2
Liability Insurance--
CONTRACTOR's...............................................
5.4
OWNER's...........................................................
5.5
Licensed Sureties and Insurers .................................
5.3
Liens --
Application for Progress Payment ......................14.2
CONTRACTOR's Warranty of Title....................14.3
Final Application for Payment .........................14.12
definition of ........................... ......... .........
.
1..23
Waiver of Claims............................................14.15
Limitations on ENGINEER's authority and
responsibilities ............................ ................
..... 9.13
Limited Reliance by CONTRACTOR
Authorized......................................................
4.2.2
Maintenance and Operating Manuals --
Final Application for Payment .........................1.4.12
Manuals (of others)--
Precedence...................................................
3.3.3.1
Reference to in Contract Documents
....................
3.3.1
Materials and equipment --
furnished by CONTRACTOR.....* ........................
6.3
not incorporated in Work...................................14.2
Materials or equipment --equivalent ...........................6.7
Mediation (Optional) .................... ...........................
16.7
Milestones --definition of........................................1.24
Miscellaneous --
Computation of Times.......................................17.2
Cumulative Remedies.. .
17.4
Giving Notice...................................................17.1
Notice of Claim.................................................17.3
Professional Fees and Court Costs Included
..........
17.5
Multi -prime contracts ....................
7
Not Shown or Indicated.........................................4.3.2
Notice of --
Acceptability of Project.....................................14.13
Award, definition of.........................................1.25
Claim............................................................17.3
,
Defects,13.1
Differing Subsurface or Physical Conditions,,,,..
4.2.3
Giving............................................................1.7.1
Tests and Inspections..
Variation, Shop Drawing and Sample ................ 6.27
Notice to Proceed --
definition of.....................................................1.26
giving of ................ ? 3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety ...............................................
10.5
Observations, by ENGINEER...........................6.30,
9.2
Occupancy of the Work ...................
5.15, 6:30.2.4, 14.10
Omissions or acts by CONTRACTOR................6.9, 9.13
Open Peril policy form, Insurance ..........................5.6.2
Option to Replace....................................................5.14
Article or Paragraph
Num ber
"Or Equal" Items......................................................6.7
Other work 7
Overtime Work --prohibition of .................................
6.3
OWNER --
Acceptance ofdefective Work ..........................1.3.13
appoint an ENGINEER ......................................
8.2
as fiduciary...............................................5.12-5.13
Availability of Lands, responsibility ....................4.1
definition of .......................................................
1.27
data,furnish......................................................8.3
May Correct Defective Work...........................1.3.14
May refuse to make payment .............................14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate ...........................8.8, 13.10,
15.1-15.4
Payment, make prompt.....................8.3, 14.4,
14.13
performance of other work ..................................
7.1
permits and licenses, requirements ...................
6.13
purchased insurance requirements ...............5.6-5.10
OWNER's--
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute ...........
.6, 10.4
Communications .................................................
8.1
Coordination of the Work
7.4
Disputes, request for decision............................9.11
Inspections, tests and approvals ..................
8.7, 13.4
Liability Insurance .... ..... . ..... ..... ... .... ...................5.5
Notice of Defects ................................................
13.1
Representative --During Construction,
ENGINEER's Status ......................................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders..............................................
8.6
Changes in the Work...................................10.1
communications ............................................
8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangement s..............8.11
inspections, tests and approvals .....................
8.7
insurance .......................................................
8.5
lands and easements .....................................
8.4
prompt payment by ........................................
8.3
replacement of ENGINEER ...........................8.2
reports and tests............................................8.4
stop or suspend Work .................. 8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site..............................9.3
testing, independent.........................................13.4
use or occupancy
of the Work .........................5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6.3, 11.4
Xi EJCDC.GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
I
FA
I
I
Article or Paragraph
Number
written notice required ......................7.1,
9.4, 9.11,
....................................11.2, 11.9, 14.7, 15.4
PCBs --
definition of......................................................1.29
general ........................ ..................................
4.5
OWNER's responsibility for...............................8.10
Partial Utilization --
definition of....:.....:..........................................1:28
general6.30.2.4, 14.10
Property Insurance............................................5.15
Patent Fees and Royalties........................................6.12
Payment Bonds ........... ........
5.1-5.2
Payments, Recommendation of............14.4-14.7,
.
14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments ......................14.2
CONTRACTOR's Warranty of Title...................14.3
Final Application for Payment ..........................14.12
Final Inspection ..............................................
14.11
Final Payment and Acceptance ...............
14.13-14.14
general ................. ..........
............... ..
...... .......8.3, 14
Partial Utilization............................................14.10
Retamage..........................................................14.2
Review of Applications for
Progress Payments................................
prompt payment..................................................8.3
Schedule of Values ............................................
14.1
Substantial Completion..............................14:8-14.9
Waiver of Claims.......,,
14.15
when payments due ................................
14.4, 14.13
withholding payment.,.......................................
14.7
Performance Bonds............................................5.1-5.2
Permits ..........................................................
.. 6.13
Petroleum --
definition of .......... _.
1.30
general..............................................................
4.5
OWNER's responsibility for...............................8.10
Physical Conditions --
Drawings of, in or relating to ........................
4.2.1.2
ENGINEER's review
4.2.4
existing structures
4.2.2
general 4.2.1.2...... ., .,................................................
Notice of Differing Subsurface or,......................4.2.3
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Reports and Drawings......................................4.2.1
Subsurface and...................................................4.2
Subsurface Conditions ................. .................4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......... . .....
. .......4.2.2
Underground Facilities--
general........................................................4.3
Not Shown or Indiceted..............................4.3.2
Protection of. ...............
43, 6.20
xii
Article_ or Paragraph
Number
Shown or Indicated................................................4.3.1
Technical Data...............................................4.2.2
Preconstruction Conference.......................................2.8
Preliminary Ivfatters.....................
2
PreliminarySchedules ............................................... ..................................
Premises, Use of ............................................
6.16-6.18
Price, Change of Contract .................... .......................11
Price, Contract --definition of .........................
1.11
Progress Payment, Applications for ....................
. ..... 14.2
Progress Payment--retainage............
14.2
Progress schedule, CONTRACTOR's ....
..6, 2.8, 2.9,
................................. 6.6, 6,29,
10.4, 15.2.1
Project --definition of..............„..., .... ............
........... 1.31
Project Representative--
ENGINEER's Status During Construction
............9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER .....................................
8.3
Property Insurance--
Additional .........................................
................ . 7
genera15.6-5.10
Partial Utilization ..........................
5.15, 14.10.2
receipt and application of proceeds .............
5.12-5.13
Protection, Safety and..............................6.1-0-6.21,
13.2
Punchlist..........................................................14.11
Radioactive Material--
defintion of.....................................................1.32
general4.5
OWNER's responsibility for...............................8.10
Recommendation of Payment..................14.4, 14.5, 14.13
Record Documents ........... ...........................
6.19, 14.12
Records, procedures for maintaining ..........................2.8
Reference Points ..............................
4.4
Reference to Standards and Specifications
of Technical Societies ...................................
3.3
Regulations, Laws and (or) ......... .....................
6.14
Rejecting Defective Work..........................................9.6
Related Work --
at Site .................................................
.......7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review....................6.28
Remedies, cumulative......................................17.4,
17.5
Removal or Correction ofDefective Work.,,,.
13.11
rental agreements, OWNER approval required ..... 11.4.5.3
replacement of ENGINEER, by OWNER....................8.2
Reporting and Resolving
Discrepancies................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings .................................................
4.2.1
and Tests, OWNER's responsibility .....................8.4
Resident and Project Representative --
definition of....................................................1.33
provision for............................................................ 9.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTR4CTOR's................6.2
Responsibilities_
CONTRACTORs-in general... 6
ENGINEER'S -in general........................................9
Limitations on
9.13
OWNERs-in general.............................................8
Retainage............................................................14.2
Reuse of Documents ....................................................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................6.25
Review of Applications for
Progress Payments .............................
........14.4-14.7
Right to an adjustment...........................................10.2
Rights of Way ........................ ..................................
4.1
Royalties, Patent Fees and.......,.„ ...........................6.12
Safe Structural Loading..........................................6.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
....... ......... ..............6.20-6.21,
7.2, 13.2
general ....................................................
6.20-6.23
Representative, CONTRACTORS......................6.21
Samples --
definition of......................................................L34
general....................................................
6.24-6.28
Review by CONTRACTOR ............................
....6.25
Review by ENGINEER..............................6.26,
6.27
related Work ......................................................
6.28
submittal of ...................................................
6.24.2
submittal procedures.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
....... ......... ................6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals.... ..'*"' ,,,, *............ 2.6, 2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to ...................................................
15.2.1
Adjusting_..........................................................6.6
Change of Contract Times ....................
... ..........10.4
Initially Acceptable .... ........ .........
...... 2.8, 2.9
Preliminary ............................. ......................
.....2.6
Scope of Changes.......................................10.3-10.4
Subsurface Conditions .......................................
.. 4.2.1.1
Shop Drawings --
and Samples, general ............................
**'. 6.24-6.28
Change Orders & Applications for
Payments, and.........................................9.7-9.9
definition of.....................................................1.35
ENGINEER's approval of., ..............................3.6.2
ENGINEER's responsibility
for review .....................................
9.7, 6.24-6.28
related Work
6.28
review procedures................................2.8,
6.24-6.28
Article or Paragraph
Number
submittal required...............................................6.24.1
Submittal Procedures.........................................6.25
use to approve substitutions ..............................
6.7.3
Shown or Indicated ..............................................
4.3.1
Site Access ...... .......... ......................................7.2,
13.2
Site Cleanliness ............................. ....................
.....6.17
Site, Visits to --
by ENGINEER...........................................9.2,
13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insurance.......................................................
5.6.2
definition of.....................................................1.36
Specifications--
defination of....................................................1.36
of Technical Societies, reference to...................3.3.1
precedence......................................................3.3.3
Standards and Specifications
of Technical Societies .........................................
3.3
Starting Construction, Before...............................2.5-2.8
Starting the Work . .. ............. ................................
._.. 2.4
Stop or Suspend Work--
by CONTRACTOR...........................................15.5
by OWNER ..................................... 8.8, 13.10,
15.1
Storage of materials and equipment .....................4.1,
7.2
Structural Loading, Safety.....................................6.19
Subcontractor—
Concerning ................................................
6.8-6.1 l
definition of.....................................................1.37
delays............................................................12.3
waiver of rights ................................................
6.11
Subcontractors --in general ... ......... .....................
6.8-6.11
Subcontracts --required provisions.........5.11, 6.11,
11.43
Subm ittals--
Applications for Payment.................................14.2
Maintenance and Operation Manuals,. .........14.12
Procedures ..............................
.6.25
Progress Schedules......................................2.6,
2.9
Samples...................................................6.24-6.28
Schedule of Values ............... ... ...................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions......................................2.6,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of ......................................................
1.38
Substitute Construction Methods or Procedures
........ 6.7.2
Substitutes and "Or Equal" Items...............................6.7
CONTRACTOR's Expense ...........................
6.7.1.3
ENGINEER's Evaluation ................................
6.7.3
"Or -Equal ......................................................
6.7.1.1
Substitute Construction Methods
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
N
N
Jli
I
I
k
Article or Paragraph
Number
orProcedures.............................................6.7.2
Substitute Items............................................6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relatng to ........................
4.2.1.2
ENGINEER's Review......................................4.2.4
general........ ......................................
................4.2
Limited Reliance by CONTRACTOR
Authorized .............
4.2.2
Notice of Differing Subsurface or
Physical Conditions.........................................4.2.3
Physical Conditions:......................................4.2.1.2
Possible Contract Documents Change ...............
4.2.5
Possible Price andTimes Adjustments ..............
4.2.6
Reports and Drawings......................................4.2.1
Subsurface and,,,:.,..... ..........................................
4.2
Subsurface Conditions at the Site,,,....,.,.,•,,,•,.4.2.1.1
Technical Data.................................................4.2.2
Supervision—
CONTRACTOR's responsibility ...........................
6.1
OWNER shall not supervise ...............
8.9
ENGINEER shall not supervise,,,,,,,,,,,,,,,,
9.2, 9.13.2
Superintendence......................................................
6.2
Superintendent, CONTRACTOR's resident...............6.2
Supplemental costs .............................................
11.4.5
Supplementary Conditions --
definition of ........ ... ..........................................1.39
principal references to.................1.10, 1.18,
2.2, 2.7,
.....................4.2, 4.3, 5.1, 5.3,
5.4, 5.6-5.9,
................. 5.11, 6.8, 6.13, 7.4, 8.11,
9.3, 9. 10
Supplementing Contract Documents .........................3.6
Supplier --
definition of................................:....................1.40
principal references to ............ 6.5, 6.8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiverof Rights...............................................6.11
Suretv--
consent to final payment ........................
14.12, 14.14
ENGINEER has no duty to.............„._,........_.....9.13
Notification of..................................10.1,
10.5, 15.2
qualification of ......... ...............
5.1-5.3
Survival of Obligations ... ... ............
........ 6.34
Suspend Work, OWNER May .......................13.10,
15.1
Suspension of Work and Termination-- ......................15
CONTRACTOR May Stop Work
or Terminate...............................................15.5
OWNER May Suspend Work.............................15.1
OWNER May Terminate.............................15.2-15.4
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR ......
.......4.2.2
Possible Price and Times Adjustments,,,,,,,,,,,,,,
4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
xiv
Temporary construction facilities. ............................. 4.1
Article or Paragraph
Number
Term ination--
by CONTRACTOR...........................................15.5
by OWNER..,,.„...... ...........................
8.8, 15.1-15.4
of ENGINEER's employment...............................8.2
Suspension of Work-in general .............................15
Terms and Adjectives..............................................3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOR's responsibilities .......................13.5
cost of 13.4
covering Work prior to.„,• .....................
••... 13.6-13.7
Laws and Regulations(or) ...............................
13.5
Notice of Defects..............13.1
OWNER May Stop Work.................................13.10
OWNER's independent testing ..........................13.4
special, required by ENGINEER,,,,,,•,,,.,..,.,
9.6
timely notice required ..................... .....
......... •••• 13.4
Uncovering the Work, at ENGINEER's
request.................................................13.8-13.9
Times--
Adjusting...........................................................6.6
Change of Contract ............................................
12
Computation of.................................................17.2
Contract Times --definition of...........................•1.12
day.........................................................1.7.2.2
Milestones .................... ...................................
...12
Requirements--
appeals.................................................9.10,
16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times
..................
2.3
Preconstruction Conference .........................2.8
schedules.........................................2.6,
2.9, 6.6
Starting the Work..........................................2.4
Title, Warranty of ........... :........................................14.3
Uncovering Work .............................. ...........
13.8-13.9
Underground Facilities, Physical Conditions--
definition of....................................................1.41
Not Shown or Indicated .........................••,,..•...
4.3.2
protection of. ,._ .,,,,,.......
4 3 6.20
Shown or Indicated„ ......., ........
.........4.3.1
Unit Price Work--
claims.........................................................11.9.3
definition of ....................................................
1.42
genera111.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for......,•.....................................9.10
Use of Premises, .........--.6.16, 6.18, 6.30.2.4
Utility owners ........ *... ..•.............6.13, 6.20,
7.1-7.3, 13.2
Utilization, Partial ................... 1.28, 5.15, 6.30.2.4,
14.10
Value of the Work ..................
11.3
Values, Schedule of..............................2.6,
2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized ........................................ 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER ....................................
9.2
Waiver of Claims --on Final Payment
14.15
Waiver of Rights by insured parties..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR................................................6.30
Warranty of Title, CONTRACTORs........................14.3
Work --
Accessto..........................................................13.2
byothers ...............................................................
7
Changes in the....................................................10
Continuing the ..................................................
6.29
CONTRACTOR May Stop Work
or Terminate ................................................
15.5
Coordination of ....................................................
7.4
Cost of the>................................................11.4-11.5
definition of.....................................................1.43
neglected by CONTRACTOR...........................13.14
otherWork............................................................7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site.....................................7.1-7.3
Startingthe >.......................................................2.4
Stopping by CONTRACTOR..............................15.5
Stopping by OWNER.................................15.1-15.4
Variation and deviation authorized,
minor ............ 3.6
Work Change Directive --
claims pursuant to.............................................10.2
definition of.....................................................1.44
principal references to......................3.5.3,
10.1-10.2
Written Amendment --
definition of
1.45
principal references to..............1.10, 3.5, 5.10,15.12,
................. ...... . 6.6.2, 6.8.2, 6.19, 10.1, 10:4,
............................11.2, 12.1,
13.12.2, 14.7. 2
Written Clarifications and
Interpretations,,,,,,,,,,,,,,,, *.................3.6.3,
9.4, 9.11
Written Notice Required--
by CONTRACTOR ............................
7.1, 9.10-9.11,
...........................................
10.4, 11.2, 12.1
by OWNER .................... 9.10-9.11,
10.4, 11.2, 13.14
xv
EJCDC.GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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xvi EJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment --The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bich -The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
I.S. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. EA'GINEER's Consultant --A person firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEERS independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order —A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1
1
1
1
l
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 19th day of May in the year of 2010 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
A-1 Chipseal Company (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. AGREEMENT RENEWAL & WORK
1.1 Renewal. This Agreement is a renewal of the Agreement entered into between
the parties on the 23rd day of May, 2007, entitled Specifications and Contract
Documents for Asphalt Slurry Seal Project Bid No. 6054, City of Fort Collins
(hereinafter call the 2007 Asphalt Slurry Seal project CONTRACT) and all
portions interpreted as bid the same were attached hereto. This work shall
consist of the placement of Type II asphalt slurry seal, and the related
traffic control, on residential streets and parking lots in The City of Fort
Collins and is generally described in Section 01010. This renewal is
authorized pursuant to Article 3.1. Contract Times, of the 2007 CONTRACT. This
agreement shall continue in full force and effect until June 1, 2011.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Engineering Division ,
who is hereinafter called ENGINEER and, who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3.
CONTRACT TIMES
3.1 This
Agreement shall commence June 2, 2010, and shall continue in
full force until
Juno 1, 2011, unless sooner terminated as herein provided.
'
In addition at
the option of the City, the agreement may be extended for
additional one
(1) year period. Pricing changes, if any, shall be negotiated
1
by and agreed to
by both parties in writing.
3.2 The
Work for the City of Fort Collins shall be Substantially
Complete within
Times commence
23 consecutive working days from the date when the Contract
to run as provided in the General Conditions
and completed and
ready for Final
Payment and Acceptance in accordance with the General
Conditions within
Fifty Eight (58) calendar days after the date when the
'
Contract Times
commence to run for work for the City of Fort Collins.
9/12/01
Section 00520 Page 1
1.20. General Requirements —Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations, Lams or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1.22.b. Legal Holidays --shall be those holidays" observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date ortime prior to Substantial Completion of all the
Work.
1.25. Notice of,4ward--A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed -A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER —The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
1.28. Partial Utilization —Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.31a. Radioactive Material —Source, special nuclear, or
byproduct -material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours —Regular working hours
are defined as 7:00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards" by which such portion of the Work will be
judged
1.351 Shop Drawings --All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's " definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Corn pletion
1.39. Supplementary Conditions —The part of the
Contract Documents which ainends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Undergrozrnd Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work -Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive -A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion.or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties. expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY VIATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall frurnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
vvl CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. i no everA ,:n Vhe rent -re., T-im-es
c;emmenee to pan later UJ-Am thes�aieth day after 6ho day
of the Agreement, whieheveF date is earlief.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence.to run
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully. study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and.the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and OWNER shall eseh deliver to the
et#lar OWNER, with copies to
identif °a : the e,,pple..,0.,..,.., G-,t:.:ons ENGINEER
iJ
u
1
certificates of insurance (and other evidence of insurance
Feasenebb, request requested by OWNER) which
CONTRACTOR-aa QA9,��' - � is required
to purchase and maintain in accordance with
paragraphs ` 5.4, 7 .6 and JT.
Preeonstruetion Conference:
2.3. Within twenty days after the Contract Times start to
run, but before any X ork at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initiakv Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents, ..t 1e:.st ten days -ocrorc-auvicrra,ioia-vrme ran
before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as appropriate designated by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division 1 - General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance krill neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 1910-8 (1990Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 41-2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
%Titing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
3.3.4. In the event of conflicting or ambiguous
provisions within the Contract Documents,
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any. duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction; review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents.*
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations 1n the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents.
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR
lands upon whieh the Wer4E is to be peFfeffned and
aecer-dar,.rh:'ti3appiz'a &e Laws .and Regulatie i,.
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
11
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.1 . Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
' physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized, -
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
inform ation.
4.2.3. Notice of Deering Subsurface or Physical
Conditions. If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDCGENERAL CONDITIONS 191M (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, preimmpfl immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in wnting about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times At#ustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of, the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 42.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
42.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9;. and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3. .
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price, or Contract
Times, a claim may be made therefor as provided in
Articles I 1 and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other projector anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.11. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
Protection of all such Underground Facilities as
provided in paragraph6.20 and repairing any
damage thereto resulting from the Work.
4.3.2, Not Shoup or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, promptly
immediatelv after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work. Change Directive or a
Change Order will be issued.as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in , paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of.any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENG]NEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other projector anticipated project.
Reference Points.•
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
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EJCDC GENERAL CONDITI ONS 191 M (1990 Edition)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
ARTICLE 5--BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also famish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except "as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its'right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required: Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.3. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured.identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. OWNERshantl
deliver to CONTRACTOR; with sepias—te each
paragmphs tc�t r
F�
COATR.4CTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or famish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to.be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5A.6 inclusive and 5.4.9
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGI,EER's
Consultants -and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity .obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a. certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in:accordance with paragraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance .coverage. written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
OUVER's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurrutee:
C G ^ be written en a Builder's Risk "all Fisk"
open .g ,. spasial snuses of 1..6...., .1:.... G that.«. �hr
�t n A. io SE- ...E-4.,ae : o e _ ..r,..":,...i 10SS ,
n—nd- I.Verk in uransit and shall insure against at least
Lhe following - perils: fire, lightning —extended
1
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earthquake, sellapse, debris--neve' demelitien
ed by _ r e-RA ,.r r ..,1 D e. .l.
water damage, aPA suGh other perils as may be
speeifioally required by the Supplerae..e.,.... r,.ndiJ ,.ns
limited to f�as and a
es of engiae@r-s and
5.9. OWNER shall not be responsible for purchasing
and maintaining any propertyinsurance to protect the
interests of CONTRACTOR, Subcontractors or others in
,he iv - 1. « «h .. « O Of RfW a ar «ihl A—mewnt «h «
identified is the—Sagglemeniafy GendiEiens. Therisksless within such idowified dedurfiblii AmeuK will be befff
�� vnrl rn�nn rn� Stibe ...«....aeF er others suffeF�-4 any
Y , e the r,.h., eJ.. own P
. . ........... - s
•. iwi
ION
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/-000)
fj
ReceiptandApp&cation of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers am if -„7 T:6ng by ..
Acceptance ojBonds and Insurance; Option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Pends eF insurance required to be
purchased and maintained by the ethef Pan y
CONTRACTOR in accordance with Article 5 on the basis
of iron -conformance with the Contract Documents, the
OWNER will
notify CONTRACTOR in writing within ten fifteen days
after receip delivery of the certificates (or ether evidenee
requestedto OWNER as required by paragraph 2.7.
Partial Utilization —Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing :effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a speck means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the, site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto; and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of anv Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving
in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
One Thousand Dollars ($1000) for each working day or fraction
thereof that expires after the Twenty Three (23) working day period
for Substantial Completion of the. Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500) for each
calendar day or fraction thereof that expires after the Thirty Five
(35) calendar day period for Final Payment and Acceptance until the
Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: Four
Hundred Sixty Thousand Two Hundred Twenty Eight Dollars and Fifty Cents
($460,228.50),in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE S. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal.to the percentage indicated below, but, in each case, less the
9/12/01 Section 00520 Page 2
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6.4. Unless otherwise specified in the General
contains or is followed by that like,
Requirements, CONTRACTOR shall furnish and assume
words reading no
equivalent or "or -equal" item or no substitution is
full responsibility for all materials, equipment, labor,
permitted, other items of material or equipment or
transportation, construction equipment and machinery,
material or equipment of other Suppliers may be
tools, appliances, fuel, power, light, heat; telephone, water,
accepted by ENGINEER under the following
sanitary facilities, temporary facilities and all other
circumstances:
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.7.1.1. "Or -Equal"" If in ENGINEER's sole
discretion an item of material or equipment
6.4.1. Purchasing Restrictions: CONTRACTOR
proposed by CONTRACTOR is functionally
must comply with the City's purchasing restrictions. A
equal to that named and sufficiently similar so that
copy of the resolutions are available for review in the.
no change in related Work will be required, it may
offices of the Purchasing and Risk Management
be considered by ENGINEER as an "or -equal"
Division or the City Clerk's office.
item, in which case review and approval of the
'
proposed item may, in ENGINEER's sole
6.4.2. Cement Restrictions: Citv of Fort Collins
discretion, be accomplished without compliance
Resolution 91-121 requires that suppliers and producers
with some or all of the requirements for
of cement or products containing cement to certify that
the cement was not made in cement kilns that bum
acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
'
hazardous waste as a fuel.
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
6.5. All materials and equipment shall be of good
an "or -equal" item under subparagraph 6.7.1.1, it
quality and new, except as otherwise provided in the
will be considered a proposed substitute item.
'
Contract Documents. All warranties and guarantees
CONTRACTOR shall submit sufficient
specifically called for by the Specifications shall expressly
information as provided below to allow
run to the benefit of OWNER If required by ENGINEER,
ENGINEER to determine that the item of material
CONTRACTOR shall furnish satisfactory evidence
or equipment proposed is essentially equivalent to
(including reports of required tests) as to the kind and
that named and an acceptable substitute therefor.
quality of materials and equipment. All materials and
The procedure for review by the ENGINEER will
equipment shall be applied, installed, connected, erected,
include the following as supplemented in the
used, cleaned and conditioned in accordance with
General Requirements and as ENGINEER may
instructions of the applicable Supplier, except as otherwise
decide is appropriate under the circumstances.
provided in the Contract Documents.
Requests for review of proposed substitute items
'
of material or equipment will not be accepted by
Progress Schedule.
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
6.6. CONTRACTOR shall adhere to the progress
furnish or use a substitute item of material or
schedule established in accordance with paragraph 2.9 as it
equipment, CONTRACTOR shall first make
'
may be adjusted from time to time as provided below:
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
6.6.1. CONTRACTOR shall submit to ENGINEER
perform adequately the functions and achieve the
for acceptance (to the extent indicated in
results called for by the general design, be similar
1
paragraph 2.9) proposed adjustments in the progress
in substance to that specified and be suited to the
schedule that will not change the Contract Times (or
same use as that specified The application will
Milestones). Such adjustments will conform generally
state the extent, if any, to which the evaluation
to the progress schedule then in effect and additionally
and acceptance of the proposed substitute will
will comply with any provisions of the General
prejudice CONTRACTOR's achievement of
Requirements applicable thereto.
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
6.6.2. Proposed adjustments in the progress schedule
will require a change in any of the Contract
that will change the Contract Times (or Milestones)
Documents (or in the provisions of any other
shall be submitted in accordance with the requirements
direct contract with OWNER for work on the
'
of paragraph 12.1. Such adjustments may only be
Project) to adapt the design to the proposed
made by a Change Order or Written Amendment in
substitute and whether or not incorporation or use
accordance with Article 12.
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
6.7. Substitutes and "Or -Equal" Items:
All variations of the proposed substitute from that
specified will be identified in the application and
6.7.1. Whenever an item of material or equipment is
available maintenance, repair and replacement
specified or described in the Contract Documents by
service will be indicated The application will
using the name of a proprietary item or the name of a
also contain an itemized estimate of all costs or
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particular Supplier, the specification or.description is
credits that will result directly or indirectly from
intended to establish the type, function and quality
acceptance of such substitute, including costs of
required. Unless the specification or description
redesign and claims of other contractors affected
'
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editirn)
12
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to famish additional data about
the proposed substitute.
6.7.1.3. CONM4CTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense.
6.7:2. Substitute Construction Medrodr or
Procea4rres: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evahiation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or�equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. Concerning Subcontractors, Suppliers and
Others:
6.3.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
6_9.
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is,
without subcontracting). The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
6.8.2. N t1he Supplernentar-y Condition Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER, —and —if
aoGeFdo. anGe with diti�rs
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) e€
arganizatien so idef#ified may be revoked on the
in v.,h-ish GA —se QQNTRA9T-QR shall sabrait an
aeeeptable substitute, the Gentmet i iee will b
sa6h substitution and an apprepFiate Change Or4e
will be issued or W-fitten AniendfnerA signed. will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization .on the Work unless prior
written approval is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or famishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTORS own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
Famish to anv subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment".
13
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6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever afty suell"�
g at
is 1 Subcentmeter or etWlyh listed
taar$graphs 3.6er 3 a, the—eeei>t—oeteen t-he
Waives all rights against n„�;C-ONTD 40TO
msufeH en aPA, such pelioies require
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or. ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGDgEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any, invention, design,
process, product or device not specified in the Contract
Documents.
14 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions; CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary; in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and Regulations.
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
fwnishirig and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTORS primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Premises:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials. or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property• not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load.nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it. ,
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
W CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2—all, the Work and materials _and -equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor; Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work -or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the _acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts.any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR'S duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the 'Work is completed and ENGINEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may requite and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
16 w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, confonn. to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requuements,of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required. by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR's General Warranty and
Guarantee.
6.30.1..CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS I910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER,
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13,
630.2.7. any inspection, test or approval by
others; or
6.30 2.8. any correction of defective Work by
OWNER
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by. any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
632. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
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1
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Sunzval of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to. starting any such other work and
(u) CONTRACTOR may make a claim therefor as
provided in Articles l I and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNERSs employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with thews. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properlyand integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
18 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site; the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agahnst
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph4.2 refers to OWNERSs identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.5nnrr.n gsF ..,bait; in r@spec4 ef..,._,.t,as
and fna4itaLn�ine liability and prep --set
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph I OA.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8,8. In connection with OWNER's right to stop work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques; sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
Kaa� Von
,..
., .� - -
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OPVNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4P-000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations; ENGINEER will keep OWNER
informed of the progress of the Workand will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques,. sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and in the Supp'ementa
Ceaditiens of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the, General
Conditions: these Representatives shall have the authority
.and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subject to the following:
9.3.1. The Representative'sdealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR But, the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings with subcontractors will onlv be throughor
with the full knowledge and approval of the
CONTRACTOR
9.3.2. Duties and Responsibilities. Representative
will:.
9.3.2.1. Schedules Review the progress
19
'
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3 2.2. Conferences and Meeting - Attend
'
meeting with the CONTRACTOR such as
preconstruction conferences progress meetings
and other job conferences and prepare and
'
circulate copies of minutes of meetings:
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
'
additional details or information, when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
'
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9.3.2.4.Review of Work, Rejection of Defective
'
Work, Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
'
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
1
1
9.3.2 4 3 Accom,.pany visiting inspectors
representing public or other agencies having
iurisdiction over the Project record the results
of these inspections and repgrt to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of _the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.S. Reports.
9.3.2.8.1. Furnish ENGINEER periodic
reports, as reoUired of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of _shop Drawing and sample
submittals
9.3.2.8.2. Consult with ENGINEER in
advance . of scheduling major tests
inspections or start of important phases of the
Work.
9.3.18.3. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
anv accident.
9.3.2.9. Payment Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER, noting particularly the relationship of
theTpgyment requested to the schedule of values,
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2.10. Completion.
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
9.3.2.10.2. Conduct final inspection in the
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER.
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3:3.3. Undertake any of the responsibilities
of the CONTRACTOR Subcontractors, or
CONTRACTOR'S superintendent
9.3.3.4. Advise on, or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such is
specifically called for in the Contract Documents.
9.3.3.5. Advise on or issue directions
regardinig or assume control over safety
precautions and wouamS in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anvone other than the
CONTRACTOR
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER.
Clwifieations and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40-000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a .written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 1 I or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work
9.6. ENGINEER will have authority to. disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with.ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment,, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine. the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
aggregate of payments previously made and less such amounts as ENGINEER shall
1 determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
1 the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
' Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
' 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
' In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
' performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
' tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
I6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
' considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
9/12/01 .
Section 00520 Page 3
J
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes.-
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the startof such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing parry's submittal, if
any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by' OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) ,vzll be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter-puratan"e-AAiek-�6.
9.13. Limitations on ENGINEER's .Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to anv surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14A2 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Docum ents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a .Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and'
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any. such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
10.6. By the execution of a Change Order, a Work
Change Directive or Written Agreement, OWNER and
CONTRACTOR expressly acknowledge and agree that
said Change Order, Work Change Directive or Written
Agreement provides for a fair and equitable adjustment in
the Contract Price and/or Contract Times for the additions,
deletions or revisions in the Work as authorized by said
Change Order, Work Change. Directive or Written
Agreement. OWNER and CONTRACTOR further
expressly acknowledge and agree that claims for
adjustments to the Contract Price and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid.
ARTICLE 11--CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be. changed by a
Change Order or by a Written Amendment. Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount.of the
claim with supporting data shall be delivered within sixty
days after the start of.such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11.9.1 through 11.9.3, inclusive);
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OIVNER and
11.3.2. where the Work involved is not covered by
CONTRACTOR and shall deliver such bids to
unit prices contained in the Contract Documents, by a
OWNER who will then determine, with the advice of
'
mutually agreed payment basis, including lump sum
ENGINEER, which bids, if any, will be accepted. If
(which may include an allowance for overhead and
any subcontract provides that the Subcontractor is to
profit not necessarily in accordance with
be paid on the basis of Cost of the Work plus a fee,
paragraph 11.6.2);
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
'
11.13. where the Work involved is not covered by unit
Cost of the Work and fee as provided in
prices contained in the Contract Documents and
paragraphs 11.4, 11.5, 11.6 and 11.7. All
agreement to a lump sum is not reached under
subcontracts shall be subject to the other provisions of
paragraph 11.3.2, on the basis of the Cost of the Work
the Contract Documents insofar as applicable.
(determined as provided in paragraphs 11.4 and 11.5)
'
plus a CONTRACTOR's fee for overhead and profit
11.4.4. Costs of special consultants (including but
(determined as provided in paragraph 11.6).
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
Cost of the Work.
employed for services specifically related to the
Work.
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
11.4.5. Supplemental costs including the following:
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
11.4.5.1. The proportion of necessary
be in amounts no higher than those prevailing in the
transportation, travel and subsistence expenses of
locality of the Project, shall include only the following
CONTRACTOR's employees incurred in
items and shall not include any of the costs itemized in
discharge of duties connected with the Work.
paragraph 11.5:
11.4.5.2. Cost, including transportation and
'
11.4.1. Payroll costs for employees in the direct
maintenance, of all materials, supplies,
employ of CONTRACTOR in the performance of the
equipment, machinery, appliances, office and
Work under schedules of job classifications agreed
temporary facilities at the site and hand tools not
upon by OWNER and CONTRACTOR. Such
owned by the workers, which are consumed in the
employees shall include without limitation
performance of the Work, and cost less market
'
superintendents, foremen and other personnel
value of such items used but not consumed which
employed full-time at the site. Payroll costs for
remain the property of CONTRACTOR -
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
11.4.5.3. Rentals of all construction
Work. Payroll costs shall include; burn be limited to;
equipment and machinery and the parts thereof
'
salaries and wages plus the cost of fringe benefits
whether rented from CONTRACTOR or others in
which shall include social security contributions,
accordance with rental agreements approved by
unemployment, excise and payroll taxes, workers'
OWNER with the advice of ENGINEER, and the
compensation. health and r-etiferne,.t benefits,-benuses;
costs of transportation, loading, unloading,
'
applicable thereto.
installation, dismantling and removal thereof -all
The expenses of performing Work after regular
in accordance with terms of said rental
working hours, on Saturday, Sunday or legal holidays,
agreements. The rental of any such equipment,
shall be included in the above to the extent authorized
machinery or parts shall cease when the use
by OWNER.
thereof is no longer necessary for. the Work.
'
11.4.2. Cost of all materials and equipment furnished
11.4.5.4. Sales, consumer, use or similar taxes
and incorporated in the Work including costs of
related to the Work, and for which
transportation and storage thereof, and Suppliers' field
CONTRACTOR is liable, imposed by Laws and
services required in connection therewith All cash
Regulations.
'
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
11.4.5.5. Deposits lost for causes other than
which to make payments, in which case the cash
negligence of CONTRACTOR, any
discounts shall accrue to OWNER. All trade
Subcontractor or anyone directly or indirectly
discounts, rebates and refunds and returns from sale of
employed by any of them or for whose acts any
surplus materials and equipment shall accrue to
of them may be liable, and royalty payments and
OWNER, and CONTRACTOR shall make provisions
fees for permits and licenses.
so that they may be obtained.
11.4.5.6. Losses and damages (and related
11.4.3. Payments made by CONTRACTOR to the
expenses) caused by damage to the Work-, not
Subcontractors for Work performed or furnished by
compensated by insurance or otherwise, sustained
Subcontractors. If required by OIAWER,
by CONTRACTOR in connection with the
'
24 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated, in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.53. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for.the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
%V/ CITY OF FORT COLLINS MODIFICATIONS (REV 40-000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR'S fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs inured under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work -
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2; 11.4.3 and
I L6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee r ae amount paid t
thp,..*tIR14 r:,_
to be ne¢otiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
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determined pursuant to paragraphs l l.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances.
11.8. It is understood that CONTRACTOR has included
in the. Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be ftunished and performed for such sums as may, be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered atthe site, and all applicable taxes; and
11_8:2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Rork:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the. Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids`and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
26 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
F1
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in.an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors perform ing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
v«th jurisdictional interests will have access to the Work at
for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ, and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 40-000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER it must, if requested by
ENGP]EER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request; shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that'such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defctive, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
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uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 1 I and 12.
6WAER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to famish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER- to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal ofDefective Work.
13.11. If required by ENGINEER CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it fiom the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period.-
13.12. 1. If within ene yea two rears after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR.
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
�g EJCDC GENERAL CONDITIONS 19I0-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4t2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of one }year
two year after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective IFork:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all .claims, costs, losses and
damages attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article il. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Workin accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies. under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
NIJIestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit .to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and.equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retaira a with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject.to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for paw
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et seq.
CONTRACTOR's YVarranty of Title.
14.3. CONTRACTOR warrants and guarantees that title
to all Work; materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review ofApplications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last. sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGINEER'S recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge,. information and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned .to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means; methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the famishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
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OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
30 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
a/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notifv'CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until fmal payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OIATNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
J
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such- request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures .as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment.•
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5A, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make .application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence .of insurance required by subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may famish receipts or releases in full
and affidavit.of CONTRACTOR that: (i) the releases and
receipts include all labor; services, material and equipment
for which a Lien could be filed,. and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER'S
property might in any way be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
iv/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases.or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Project manual.
Final Patwment and Acceptance.•
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application. to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5. 1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR except claims arising from
unsettled Liens, from defective Work appearing after
31
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as
are referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are not
limited to, the following:
7.2.1Certificate of Substantial Completion
7.2.2Certificate of Final Acceptance
7.2.3Lien Waiver Releases
7.2.4Consent of Surety
7.2.5Application for Exemption Certificate
7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as
follows:
N/A
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
9/12/01 Section 00520 Page 4
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final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
09,NER May Suspend Work-:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 1 I and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety; if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion),. incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR Mat, Stop work- or Termnate.
15.5. If through no act or fault of CONTRACTOR the
Work is suspended for a period of more than runty days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
.ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of'written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation ofTinte:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time. of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies.
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in,addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right.and remedy to which
they apply.
Professional Fees and Court Costs Include&
17.5. Whenever reference is made. to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent Colorado statutes
are as follows
17.6.2. If a claim is filed OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team lure,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
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34 EJCDC GENERAL CONDITIONS 1910-3{1990 Edition)
ki CITY OF FORT COLLINS MODIFICATIONS (REV 4/Z000)
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(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 35
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36 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
11
EXIiIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
IURM1y_M_*3 &*0MU[13► IX"ttaatul_II►YIl
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect.
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.70.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specked in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a parry to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.43. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -AI
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EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
GC -Al
SE
1
SECTION 00800
SUPPLEMENTARY CONDITIONS
' SECTION 00800
SUPPLEMENTARY CONDITIONS
' Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of
the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
' City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-5.4.8 Limits of Liability
' A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
' numbers of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
' Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
' $1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner.
' 5.4.6The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
' 5.4.9This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL) .
oSC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero days lost due to
abnormal weather conditions.
Section 00800 Page 1
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
11
'
7.4. Addenda Numbers
n/a to n/a, inclusive.
7.5. The Contract
Documents
also include all written amendments and
'
other documents amending,
pursuant to paragraphs 3.5
modifying,
and 3.6 of
or supplementing the Contract Documents
the General Conditions.
7.6. There are no Contract
Documents other than those listed or
incorporated by reference
in this Article 7. The Contract Documents may only
be amended, modified or supplemented
as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
'
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
' without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent .(except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
' contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its part ners,'.successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
1
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Section 00520 Page 5
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99
DATE:
DATE:
DATE:
Section 00950 Page 1
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT follows:
1
2 Original Contract Amount:
3 Net Change by Change Order:
Net Change by Change Order
$0.00
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the
CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
9/997/96
Section 00960 Page 1
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
Number Description Quantity Units Price Amount
Qty.
Amount
Qty. Amount
Qty.
Amount
Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
7/96 Section 00960 Page 2
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
To
Number Description Quantity Units
Price Amount
Qty. Amount
Qty. Amount
Qty.
Amount
Period
Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
7/96 Section 00960 Page 3
M M = Eli m m m M = = M M M M = I' = r
m m = m ® = = m _ = = ! = m
7/96 Section 00960 Page 4
2010 ASPHALT SLURRY SEAL PROJECT
GENERAL REQUIREMENTS INDEX
SECTION
01010 Summary of Work
01040 Coordination
01310 Construction Schedules
01330 Survey Data
01340 Shop Drawings
01410 Testing
01510 Temporary Utilities
01560 Temporary Controls
01700 Contract Closeout
01800 Method of Measurement and Basis of Payment
PAGE NUMBERS
General Requirements 1-2
General Requirements 3-4
General Requirements 5-6
General Requirements 7
General Requirements 8-10
General Requirements I 1-12
General Requirements 13
General Requirements 14-15
General Requirements 16
General Requirements 17
SECTION 01010
SUMMARY OF WORK
1.1 DESCRIPTION OF WORK
A. A. This work shall consist of the placement of Type It asphalt slurry seal on residential streets and parking lots as
shown in Section 3500, Project Maps.
B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance
with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for
field engineering and inspection shall be S50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule and any items which would affect their daily operation.
E. Rick Richter and/or Erika Keeton will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins.
Erika Keeton 970-221-6615 Mobile 970-222-0787
Kathleen Maddux 970-221-6615 Mobile 970-222-8781
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
General Requirements - Page I of 17
1
1
1
1
SECTION 010t0
SUMMARY OF WORK
UTILITIES
Water:
City of Fort Collins, Colorado
221-6700, Meter Shop 221-6759
Storm Sewer:
City of Fort Collins, Colorado
221-6700
Sanitary Sewer:
City of Fort Collins, Colorado
221-6700
Electrical:
City of Fort Collins, Colorado
221-6700
Gas:
Public Service Company of Colorado
482-5922, 221-8553
Telephone:
U.S. West Communications
484-0300,226-6310
Traffic Operations:
City of Ft. Collins, Colorado
221-6608
Cable Television:
Comcast
493-7400
*Utility Locates Under
One -call System
1-800-922-1987
AGENCIES
Safety:
Occupational Safety
and Health Administration
(OSHA): 844-3061
Fire:
Poudre Fire Authority
Non -Emergency: 221-6581
Emergency: 911
Police:
City of Fort Collins Police Department
Non -Emergency: 221-6550
Emergency: 911
Postmaster:
US Postal Service: 225-41 l l
Transportation:
Transfort: 221-6620
Traffic Engineering: 221-6608
END OF SECTION
Larimer County Sheriffs Department:
Non -Emergency: 221-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency: 484-1227
Emergency: 911
General Requirements - Page 2 of 17
SECTION 01040
COORDINATION
1.1 GENERAL CONTRACTOR RESPONSIBILITIES
A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall
also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's contract.
B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
C. Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
provide satisfactory access at all times and keep them informed at all times.
1.2 CONFERENCES
A. A Preconstruction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
1.3 PROGRESS MEETINGS
A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly
and at other times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent.
2. Owner's Representatives.
3. Engineer and Resident Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
General Requirements - Page 3 of 17
SECTION 01040
COORDINATION
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
' D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets
shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the
monthly progress estimates. This process ensures accurate monthly project pay estimates.
END OF SECTION
U
General Requirements - Page 4 of 17