HomeMy WebLinkAboutBID - 7080 EPIC SOLAR POOL PROJECTCity of
F6rt Collins
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ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP 7080: EPIC Solar Pool Project
OPENING DATE: 3:00 P.M. (Our Clock) November 19, 2009
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
CHANGE:
The bid opening date has been changed to November 19, 2009.
Pre -proposal Questions and Supplemental Information
1.) Question: Is the EPIC roof under warranty?
Answer. Yes. The awarded solar collection system proposer/contractor must
maintain the City's manufacturers warranty intact.
Roofing Contractor information is as follows:
Contact — Terry Canchola @ Independent Roofing Specialists
Telephone 1.303.426.8575
Cellular 1.303.901.1117
2.) Question: How much insulation does the roof have on it?
Answer. 5 inches. See roof cross section attached.
3.) Structural Engineer's letter pertaining to additional roof loading capacity.
(Weeks & Associates Engineering). See attached.
4.) Expanded City project manager's comment at pre -proposal meeting
relative to protection of existing systems: The proposer/contractor will be
responsible for protection of all interior and exterior components of the building
that are adjacent to the Work such as, but not limited to; structural components,
all other building constructed systems, recreational facilities systems and
appurtenances, and equipment. Any systems and/or equipment damaged as a
result of the Work will be replaced at the contractor's expense. Contractor will
coordinate any temporary protection methods with the City's project
representative and the City's on -site building manager. Any disturbance of the
building normal operations must be pre -approved by the City's project
representative.
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EXHIBIT GC -A to General .Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION ACRMIEINT
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. followingirgeement 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
M4GDTEBR initially for decision in accordance with
paragraph 9.11 will bcmade 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 ENGRTEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision alter arbitration proceedings have been
initiated, such decision may entered as.evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
Cur arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the, party making such demand has
delivered written notice of intention to appeal as.provided
in paragraph 9.10.
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 -Jay
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has 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.
EXI)C: GENERAL CONDITIONS 1910.5 (,1990E(irion)
w/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9/99)
16.4. Except as provided in paragraph 165 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
ENGIr TEER- ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other 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
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between 01UNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the nrbitmiion 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.
I&T 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 -Al
EJCDC GENERAL CONDITIONS 1910-3 (1990 E(liliai)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
GC -A 1
SE
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the Construction
Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract Documents as indicated below.
SC-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions
at the site of the Work:
Contractor may rely upon the accuracy of the technical data contained in the geotechnical
documents, but not upon nontechnical data, interpretations or opinions contained therein
or upon the completeness of any information in the report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or
subsurface structures (except Underground Facilities referred to in Paragraph 4.3) which
are at or contiguous to the site have been utilized by the Engineer in preparation of the
Contract Documents, except the following:
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the General
Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,0001$100,0001$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits
(CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined
single limits (CSL).
Section 00800 Page 1
5.4.9 This policy will include completed operations coverage/product liability coverage with limits of
$1,000,000 combined single limits (CSL).
SC-8.10 OWNER's Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall
direct all questions concerning Contract interpretation, Change
Orders, and other requests for clarification or instruction to
the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The
Project Manager shall have the authority set forth in the
OWNER's Capital Project Procedures Manual. The Project Manager
shall have the authority to reject work and materials whenever
such rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract
Documents.
8.10.2 Duties and. Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and
quality of the Work and to determine, in general, if the Work
is proceeding in accordance with the Contract Documents. The
Project Manager shall -not be required to make comprehensive or
continuous inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection
with the Work, or for any failure of the Contractor to comply
with laws and regulation applicable to the performance or
furnishing of the Work. Visits and observations made by the
Project Manager shall not relieve the CONTRACTOR of his
obligation to conduct comprehensive inspections of the Work, to
furnish materials' and perform acceptable Work, and to provide
adequate safety precautions in conformance with the Contract
Documents. The Project Manager shall at all times have access
to the Work. The CONTRACTOR shall provide facilities for such
access so the Project Manager may perform his or her functions
under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation
of the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI 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. The RCI will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with the
Contract Documents. The RCI's dealings in matters pertaining
to the on -site work will be to keep the Project Manager
properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of
the Project Manager shall be in writing. The CONTRACTOR may
not rely on instructions, approvals, or decisions of the
Project Manager until the same are reduced to writing.
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule days lost due to abnormal weather conditions. Must be
documented and approved by City',s Project Representative.
SC-13.12 Correction Period:
13.12. llf within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents,
an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER
and in accordance with OWNER's written instructions ...
00800-3
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
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:
Project Manager
- REVIEWED BY:
Title:
APPROVED BY:
Title:,
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
DATE:
Section 00950 Page 1
Section 00960
APPLICATION FOR PAYMENT
PROJECT: PO#
PAY ESTIMATE NO:
DATE:
CONTRACTOR:
ADDRESS:
CONTRACT FOR:
PARTIAL TO.
The undersigned Contractor certifies that to
the best of his knowledge, information and
belief the work covered by this application
for Payment has been completed in
accordance with the Contract Documents,
that all accounts have been paid by him for
Work for which previous Certificates for
Payment were issued and payments
received, in this current payment shown
herein is now due.
CONTRACTOR:
By:
FINAL TO
In accordance with the Contract Documents,
based on site observations and the data
comprising the above application, the
Architects Certifies to the Owner, that the
Work has progressed to the point indicated;
that the best of his knowledge, information
and belief, the quality of the Work is in
accordance with the Contract Documents,
and that the Contractor is entitled to payment
of the AMOUNT CERTIFIED.
ENGINEER:
By:
Date: Date:
Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is
attached.
The present status of the account for this Contract is as follows
ORIGINAL CONTRACT AMOUNT
APPROVED CHANGE ORDERS TO DATE
ADJUSTED CONTRACT AMOUNT
TOTAL WORK COMPLETED AND MATERIALS USED
RETAINAGE (10% OF TOTAL)
TOTAL EARNED LESS RETAINAGE
LIQUIDATED DAMAGES WITHHELD
TOTAL EARNED LESS LIQUIDATED DAMAGES
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
APPROVED BY:
(Title)
cc: Accounting City Clerk
Contractor Engineer
Project File
DATE:
Section 00960 Page 1
WORK CHANGE DIRECTIVE
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. These changes are often initiated in (lie field and may affect the
Contract Price or the Contract 'times. This is not a Change Order, but only a directive to proceed Nvith Work
that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in. the Contract Price or the Contract
Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OF DETERMINiNG CHANGE, IF ANY, iN CONTRACT PRICE: Mark the method to
be used in detennining the final cost of Work involved and the estimated net effect on the Contract
Price. If the change involves an increase in the Contract Price and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated price or Contractor may stop the changed Work when. the
estimated time is reached. Ifthe Work Change Directive is not likely°to change the Contract Price,
the space for estimated increase (decrease) should be marked "Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization
because Engineer alone does nol have authority to authorize changes in Price or Tittles. Once authorized
by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by
Change Order signed by Owner and Contractor with Engineer's recommendation.
Paragraph 10.03,A.2 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change
Directive.
Once the Work covered by'thi.s directive is completed or final cost and times are determined, Contractor
should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFI7ECT THE CONTRACT
PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSiDEMD
PROMPTLY.
Section 00970 Page 1
No Text
WORK CHANGE DIRECTIVE
No.
DATE OF ISSUANCE EFFECTIVE DATE
OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
ENGINEER's Project No.
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a
Change Order based thereon will involve one or more of the following methods as defined in the
Contract Documents.
Method of determining change in
Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract
$ Times:
If the change involves an increase, the estimated Substantial Completion: days;
amount is not to be exceeded without further Ready for final payment: days.
authorization.
RECOMMENDED:
ENGINEER
AUTHORIZED:
OWNER,
By: By:
EJCDC No. 191068-F (19%Edition)
Ptep oed by the Engineers Mint Cootmi Doownente Conimittee'and endorsed by The Associated Geaenl Contractors o(America and the Constntetion Specifitmio"
hwhde.
Section 00970 Page 2
IVAdvancement
ofC
of Conshvctlon
Technology REQUEST FOR
INTERPRETATION
Project: R.F.I. Number:
From:
To: Date:
A/E Project Number:
Re: Contract For:
Specification Section: Paragraph: Drawing Reference: Detail:
Request:
Signed by: Date:
Response:
❑ Attachments
Response From: To: Date Rec'd: Date RetDd:
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File
Copyright 1994, Construction Specifications Mitutc, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS] Form 13.2A
Section 00970 Page 3
IVofcAdvancement
of Consbuetton
Technology
CLARIFICATION
NOTICE
Project: Clarification Notice Number:
From:
To: Date:
A/E Project Number:
Re: ConiractFor:
This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable
from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance
with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time.
Specification Section: Paragraph: Drawing Reference: Detail:
Description:
❑ Attachments
Signed by: Date:
Copies: ❑ owner ❑ Consultants 0-0-0-
Copyright 1994, Construction Specifications Institute, Page of
99 Canal Center Plaza, Suite 300 Alexandria, VA
22314
❑ ❑ File
July 1994
CSI Form 13.3A
J
Section 00970 Page 4
Project:
To:
Advancement ofC
al consrn/eNon
Technology
FIELD
ORDER
Field Order Number:
From:
Date:
A/E Project Number:
Re: Contract For
You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the
Work without change in Contract Sum or Contract Time.
If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and
prior to proceeding with this Work.
Specification Section: Paragraph: Drawing Reference: Detail:
Description of Interpretation or Change:
❑ Attachments
Signed by: Date:
Copies: Cl Owner ❑ Consultants ❑ ❑ ❑ ❑ []File
Copyright 1994, Construction Specification Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSD Form 13.4A
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City
Financial Services
o
1
Purchasing Division
N. Mason St. 2nd Floor
F6rt
Collins
Box 580
Fo215
Fort Collins, CO 80522
�Purchasinc
970.221.6775
970.221.6707
kgov. com/purchasing
REQUEST FOR PROPOSAL
7080 EPIC Solar Pool Project
The City of Fort Collins is requesting proposals from qualified contractors for the installation of
thermal solar heating panels to heat the main pool at EPIC recreation facility.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), November 17, 2009. Proposal No. 7080. If delivered, they are to be sent
to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
A pre -bid conference will beheld at 2:00 pm. on November 3, 2009 at the site, 1801
Riverside Avenue, Fort Collins, CO 80525. Please meet in the lobby.
Questions concerning the scope of the project should be directed to Project Manager Steve
Seefeld, (970)221-6227, sseefeld(@fcgov.com.
Questions regarding bid submittal or process should be directed to John Stephen, CPPO,
LEED-AP, Senior Buyer, (970)221-6777, jstephen(a�fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked `Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Frisk Management
where renewal is a way of life
Solar Thermal Heating System -City of Fort Collins EPIC Pool
1801 Riverside Avenue, Fort Collins, CO 80525
The City of Fort Collins is requesting proposals from qualified contractors for the installation of
thermal solar heating panels to heat the main pool at EPIC recreation facility.
Definitions
The terms "contractor" and "proposer' shall be synonymous in this document (RFP).
The body of text in this request speaks directly to the proposer/contractor, including
requirements for any specification or direction, unless otherwise specifically noted.
AHJ - Authorities Having Jurisdiction.
COSEIA - Colorado Solar Energy Industries Association
NABCEP - North American Board of Certified Energy Practitioners
1. Building Overview
EPIC recreation facility is a multiuse indoor swimming pool, indoor ice rink facility of 97,960 sq.
ft. One wing of the building contains a wader pool, spa, and main pool. The main pool is 75'
wide by 171 ft long (- 12,830 sq ft) and holds 580,000 gallons of water. The facility runs year
round with a two week shut down period " in late August of each year. The design pool
temperature is 82 deg. F.
2. Project Overview
The solar heating system must be designed to address the technical and facility -use
requirements of the project. The system must integrate into an existing multi -use facility to
provide energy savings and minimal increase of the existing maintenance requirements of the
facility.
Scheduling of installation of the system must be co -coordinated to minimize disturbance of
public use of the facility. The City's expectation of this system is that it provides as great a
reduction of the existing pool heating load as possible given the following constraints:
1. The proposed budget for the project,
2. The available roof space,
3. The current available technologies.
The existing current instantaneous heating demand of the pool has been calculated at 600,000
BTU/HR. The solar heating system is to be configured to maximize performance during the
winter months as well as the spring and fall. The summer season does not require a large
amount of heating. An option to expand the system to preheat domestic hot water shall be
included in your proposal.
2/9/00
3. Proiect Approach
The contractor will develop a design for the system in conjunction with the City of Fort Collins,
materials suppliers and project engineers. The significant issue of the project involves the
design of a rack system to be mounted on the existing roof structure. The two options are to
provide a ballasted rack system or a system that is structurally attached to the existing metal
truss system. Either system would be required to satisfy the demands of a certified independent
structural engineer. Contractor will submit the final engineered design to the city of Fort Collins
for approval. The integration of the plumbing and heating of the pool equipment room will be co -
coordinated with the City project representative and the on -site facilities manager. The control
logic of the pool heater will be adjusted to work in conjunction with the solar heating system.
The proposer/contractor must outline their approach to the project in the submitted proposal.
4. Existing Site Conditions
The following is a list of a few key components of the existing infrastructure at EPIC that must
be addressed in satisfying the needs of the RFP. Tell us what you would do to address these
elements, based upon your proposed design, in the scope of your proposal.
• Roof - The existing roof is an EPDM membrane covered with protective fabric and a
layer of gravel and stones.
• Roof structure - A steel truss system supports the roof.. This is accessed from below via
the surface of the ice rink.
• Controls - The pool heating system is currently controlled by a Johnson Controls
system. Maintenance staff will facilitate integration of the solar heating system.
• Cooling Tower- The existing cooling tower will serve as the heat dump circuit for periods
of stagnation or pool maintenance.
5. Contractor Submittals, Level of Experience, and Other Requirements
Relevant Experience
Contractor must demonstrate sufficient knowledge and experience in all of the building
systems involved with the project including solar installation, metal fabrication, structural
systems, roofing systems, mechanical and plumbing concepts and major systems
equipment controls. The scale of the project must be within the capabilities of
contractor. A team of professionals with required skills to complete the project must be
outlined as proposer's project team in the proposal.
Proiect Team and Experience Verification
Contractor must be qualified in the installation of solar water heating systems and
must be a licensed contractor in the City of Fort Collins, or have reciprocity in this
jurisdiction. The City prefers a COSEIA or NABCEP approved solar thermal installer
and please submit certifications with the proposal. Contractor will obtain all
necessary permits for the project.
List all members of your project team with any appropriate certifications.
List all licensed contractors and/or subcontractors anticipated to be used on the
project. All contractors/subcontractors must be licensed to do business in this
2/9/00
jurisdiction and must obtain all necessary permits for the work from Authorities
Having Jurisdiction.
• List all equipment manufacturers and model numbers of equipment to be used on the
project. The following is required, but not necessarily limited to, all major equipment -
collectors, mounting hardware, heat exchanger, pumps, controls, monitoring
equipment, valves, pipe insulation and jacketing.
• Structural Engineering — Show all attachments and structural loading in
diagrammatic form with calculations.
• Mechanical Engineering- Show all proposed mechanical and plumbing connections
in diagrammatic form and functional control schematic.
• Local, state laws and ordinances, as they pertain to solar hot water systems shall be
strictly followed or a variance must be obtained from AHJ's.
• Contractor must have completed three (3) similar projects of similar size and scope
within the past five (5) years.
• OSHA safety standards will be observed during construction.
6. Hourly rates and Guaranteed Maximum Price
Include in your proposal hourly rates for your team members and a Guaranteed
Maximum Price which includes all design, structural engineering, and supply of all
materials, complete installation, training and any permits.
7. Payment and Performance Bonds
Awarded contractor must submit payment and performance bonds per Section 00600.
8. Liquidated Damages
Liquidated damages are $300.00 for Substantial Completion and $100.00 Final
Completion
2/9/00
SCOPE OF WORK
The scope of your proposal shall include the following specifications as minimum requirements:
Solar Water Heating
Part 1-General
1.01 Description
A. The solar water heating system shall be designed for flow through a closed loop system
with 50% propylene glycol solution for freeze protection.
B. There shall be solar collectors mounted on the roof surface above the ice rink as noted
on provided drawings. The piping shall run from the collectors along roof surface and
down wall to the mechanical room.
C. Refer to the site plans, floor plans and details for locations of equipment and piping.
1.02 Scope of Work
Work to be completed by the contractor includes but is not limited to:
A. Provides and install solar collector loop including the solar collectors, heat exchanger,
pumps and all associated piping in accordance with manufacturer's instructions, and
specifications provided in this document
B. Mounting structure is to consist of stainless steel, galvanized steel or aluminum rack
material approved for mounting collectors.
C. Provide and install pool -heating system as identified in schematic drawings.
D. Install and connect all control systems related to solar work including BTU monitoring
and differential temperature lines. Provide line voltage and low voltage wiring of pumps
and controls. Run wiring for pumps and valves to location of solar controller. City of Fort
Collins shall provide a dedicated 20-amp circuit.
E. Coordinate with City of Fort Collins maintenance department, HVAC division, for
requirements related to solar work.
F. Installing, insulating, and testing of piping shall be provided by solar contractor.
G. Provide 2 years of service and maintenance upon completion of system and training for
City staff for system operation and service.
H. Provide a two (2) year warranty on the complete system, including materials, equipment,
and labor.
I. Provide a five (5) year minimum warranty on solar collector panels and associated
hardware.
J. Provide comprehensive training for City maintenance staff on system operation, service
and maintenance. Training shall be not less than four (4) hours unless approved by City
project representative.
1.03 Site Planning
A. Prior to any roof penetrations or drilling, all utilities shall be located and flagged by the
City of Fort Collins maintenance staff.
2/9/00
B. Installation of equipment and pipe runs shall be coordinated with City of Fort Collins
maintenance department, HVAC division. Pipe run locations will be identified during the
preconstruction conference.
C. All work shall be coordinated to create a minimal disturbance to the public use of the
facility. Work shall be performed only in hours approved by the City of Fort Collins.
These times will be grouped in a small window of 2-3 days during the hours when all
skating can be transferred to the East rink.
D. All work debris will be cleaned up every day after each construction period ends.
E. TBD (based upon design) - Access to the roof trusses will be performed by heavy
equipment with a weight not to exceed 12,000 Ibs to minimize damage to ice surface.
Equipment shall be skirted and wheels covered.
F. Panels and equipment will be delivered to the rooftop from a location that will not
impede access to the facility (EPIC).
Part 2-Equipment
2.01 Solar Loop
A. The collectors shall be SRCC approved solar thermal collectors. The panels will be
mounted with aluminum; stainless or galvanized steel hardware to resist weather
damage. Mechanical connections are to be made with stainless hardware.
B. The solar domestic heat exchanger shall be a cupronickel or equivalent that can tolerate
pool chemicals.
C. All piping, valves and gauges will be clearly labeled and list of operating instructions will
be posted.
D. Type "L" or "K" Copper piping will be installed with R-6 or greater insulation and
aluminum jacketing when exposed to sunlight. The piping system -including insulation
must be able to withstand stagnation temperatures of 300 degrees F.
E. The collectors will be mounted with the following physical limitations. A 7' maximum
height above the roof deck and a 15' setback from the roof edge. Both requirements are
intended to reduce the visual impact of the system.
2.02 Pool Heating
A. Solar thermal collectors thru a heat exchanger utilizing a food -grade glycol solution must
be used to heat the pool water. The glycol shall be rated to withstand stagnation
temperatures of 300 deg F.
B. The existing pool loop shall be modified to include a new heat exchanger for the solar
heating system.
2.03 Piping
A. All L or K type copper between collectors and storage tank shall be insulated with R6
min and protected against rainwater.
B. Piping shall be elevated 3" min above roof surface on UV resistant rubber blocks similar
to B-Line C ports. Piping shall be attached to blocks in a manner that reduces heat loss
from piping to blocks.
C. Piping shall be pressure tested to 100psi for a period of 48 hours prior to using the
system. Piping shall be flushed and cleaned prior to charging with glycol and water.
D. Piping shall be mechanically fastened to support structure as per local code
requirements.
2/9/00
5.) Operating capacity of the proposed solar collector system is the
responsibility of the proposer/contractor. The suggested design BTU generation
per hour is approximately 600,000 British Thermal Units. The City will evaluate
and approve the proposed design capacity and functionality of the solar collector
system before acceptance and contract award.
6.) Question: What is the schedule of operations of the ice rink and other parts of
the building when the pool is shut down for 2 weeks?
Answer. The ice rink normal hours of operation are adhered to during a pool
shut down, and visa versa for the pool hours, when the ice rink shuts down. We
only close a venue (either pool or ice rink) for repair work, and only drain the pool
or take down the ice for "maigf repairs to these systems. Typically we don't
close both venues during same shut down period, and even if we close a venue,
we may not drain the pool or take down the ice. It is common to have two shut
downs annually; one in the Spring and one in the Fall. FYI... The roof directly
over the main ice rink is the area designated where the solar collector panels are
to be placed. See drawings.
7.) Question: Does the cooling tower provide space -cooling for the rink area -
especially while the pool is down for 2 weeks? I'm.concerned about heat rejection
capacity of the cooling tower for the purposes of stagnation protection.
Answer. Yes, the Evapco model LSATA -5-125 provides heat rejection for both
the ice rink cooling (Mcquay M# WHR060DW) as well as the building cooling
(Lobby area and meeting room area) (Mcquay M# WHR050DW).
8.) Question: What about night sky heat rejection as a dump mechanism?
Answer. This would be ok, but we assume you would need a day storage tank
for the system.
9). Question: What is the size and age of the existing cooling tower? I don't have
copies of the drawings and specs at my disposal.
Answer: Existing cooling tower is EVAPCO M# LSTA-5-125. This is a
replacement cooling tower that was installed in 1995. Capacity is approximately
4MMBTU/hr.
10.) Project budget range equals $180,000.00 to $220,000.00.
Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777
with any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM
HAS BEEN RECEIVED.
where renewal is a way of life
E. Array piping shall be configured in a parallel reverse return configuration. The piping
shall be arranged to promote equal flow thru all collectors and supply and return piping.
F. Individual collector sub -arrays shall have isolation valves, circuit setters and drain valves
to allow for isolation and flow balancing. An air vent shall be provided at each sub -array
with an isolation valve.
G. Temperature and Pressure Gauges shall be provided to allow monitoring of system
performance in mechanical room.
H. Two service ports shall be installed in mechanical room piping to allow connection of
future equipment. These will be located on the collector supply and return piping. They
will consist of a 1" T fitting and valve in the main piping loop.
I. An expansion loop shall be provided as needed and specified by mechanical engineer.
Calculations used to determine the expansion loop must be submitted for review.
J. Piping and Insulation will be jacketed with aluminum jacketing to withstand UV
degradation. Jacketing will be oriented to drain water and withstand wind damage.
Jacketing will have a matte or dull finish to reduce glare. Jacketing will be secured in
place with stainless steel fasteners.
K. Contractor as outlined in sample schematic will provide valves, gauges and temperature
wells. A premium will be placed on systems that facilitate easy service and maintenance.
L. The collector loop piping to the rooftop shall be oversized by a factor of 200% to allow
for future expansion of the system. The rooftop piping shall be configured to add onto
the existing system with minimal disturbance.
M. A corrosion resistant reservoir shall be connected to the pressure relief valve to collect
the heat transfer fluid in event of high-pressure conditions. Overflow piping shall be
installed from reservoir to available floor drain.
2/9/00
2.04 Controls
A. A differential controller shall control solar collection.
B. Wiring for the differential controller will require installation of a dedicated electrical
conduit from provided 20-amp circuit.
C. A BTU monitoring system shall be installed at the pool / solar heat exchanger. It shall be
Johnson Controls N2 compatible thus enabling the City of Fort Collins BAS system to
read it's outputs.
D. Two (2) 3/" Conduit -EMT or Rigid will be run to the panel location for control wiring and
monitoring. One will be reserved for future expansion. The conduit shall run from the
array location to the controller. UV rated strain relief fittings shall be used in outdoor
junction boxes to run cable to exterior locations. All sensor wiring shall have a UV rated
jacket with stranded copper wiring of a minimum size of 24AWG.
E. The controller shall be capable of the following functions- real time monitoring of 4
temperature locations, data logging and emergency fault codes. This data must be
capable of being transmitted via Ethernet or phone to City of Fort Collins Maintenance
department.
F. The following 4 temperature sensors are required to be connected to the controller -
Collector Return (Primary Sensor Location used for Delta-T operation) Pool
Temperature, Collector Supply (Located after pool heat exchanger) and secondary
collector return location.
G. A heat dump circuit is also required as part of the control schematic. This shall consist of
a separate piping loop and pump to the existing cooling tower.
H. Provisions shall be made to accommodate monitoring via the existing HVAC control
system at EPIC. This must consist of a number of temperature wells as specified in the
sample schematic.
I. Integration with the existing pool heating controls shall be co -coordinated with the City of
Fort Collins HVAC maintenance staff.
2.05 Heat Dump Circuit
A. During periods of stagnation or pool maintenance a heat dump circuit must be utilized.
This will consist of a piping loop to the existing cooling tower.
B. Piping locations are provided as part of the existing mechanical room and are noted in
the RFP documents.
2.06 Documentation
A. Equipment manuals and specifications for all materials used by the contractor must be
delivered upon completion of the project. They must be submitted in two formats; paper
copies in a 3-ring binder, and also electronically as a CD-ROM.
B. A Complete set of schematics, operational procedures and emergency shut -down
procedures must be posted by the contractor in the mechanical room with all signage
designed to resist water damage.
C. All piping and valves shall be labeled according to the plumbing schematic. Labels will
be designed to resist water damage.
2/9/00
REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING .
FACTOR
QUALIFICATION
STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
.5
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
.5
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
3.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
2/9/00
Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings will be
labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
.Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
2/9/00
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT: 7080 EPIC Solar Pool Project
OWNER: CITY OF FORT COLLINS
(hereinafter referred to, as "the OWNER")
You are hereby notified that your Bid dated 1 20 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for 7080 EPIC Solar Pool Project.
The Price of your Agreement is Dollars ($ )
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be
delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15)
days of the date of this Notice of Award, that is by 20
1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article.5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
By:
2/9/00
City of Fort Collins
OWNER
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20
and shall be effective on the date this AGREEMENT is signed.by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as the construction of the 7080 EPIC Solar
Pool Project and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Operation Services, who
is hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within 75 calendar days
after the date when the Contract Times commence to run as provided in the
General Conditions and completed and ready for Final Payment and Acceptance in
accordance with the General Conditions within 85 calendar days after the date
when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving
in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER
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:
Section 00520 Page 1
Three Hundred Dollars ($300) for each calendar day or fraction
thereof that expires after the seventy-five (75) calendar day
period for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, one hundred dollars($100) for each
calendar day or fraction thereof that expires after the ten (10)
calendar day period for Final Payment and Acceptance until the Work
is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: ($ ),
$ Dollars, in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with' the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
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.
Section 00520 Page 2
. 5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent' of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner, may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract, Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and. no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
Section 00520 Page 3
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as
are referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are not
limited to, the following:
7.2.1Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3Lien Waiver Releases
7.2.4Consent of Surety
7.2.5Application for Exemption Certificate
7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as
follows:
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than. those listed or
incorporated by reference in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 8. MISCELLANEOUS
Section 00520 Page 4
WLMIAS
9TRWOTURAL RNOI,NQCRR
August 21, 2009
Steve Seefeld
City of Fort Collins
Operation Services
117 M. Mason
P.O, Box 580
Fort Collins, CO 80522
Re: Edors Pool Ice Center (EPIC)
1801 Riverside
Fort Collins, CO
Project No. 29005
Gentlemen:
As requested, we have reviewed a portion of the referenced structure to determine the structural
feasiblUty of placing solar panels on the roof. It is our understanding that the panels would only
be placed above the ice rink portion of the building. Our review is based on information
provided on the original structural plans by Hastings & Chivetta Architects & Planners dated
February 6, 1987. The existing roof structure in this area is a ballasted roofing supported by 1'/z
Inch metal roof deck over 64 inch deep bar joists that span between steel beams and columns.
The bar joists, which are spaced at 5'-T', span approximately 120 feet between beams that
span about 21 feet.'
It is our opinion that the existing bar joists and beams are adequate to support an additional
load of up to 10 psf. The new panels should be not be placed on any joists that currently
support mechanical equipment. Once a panel supplier is chosen, it is recommended we review
the proposed panel loads and layout prior to placement.
If we can be of further assistance please contact us.
Sincerely,
Weeks & Associates, Inc. Reviewed By:
John McBride, P.E. Gary G. Weeks, P.E.
Structural Engineer Structural Engineer
Weeks & Associates, Inc.
4700 South College Avenue, Suite t, Fort Cottim CO 80525
Phone 9701225-2422; fax 970/ 225-2622
8.1. 'Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
. 8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
Section 00520 Page 5
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By: By:
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING _
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices:
LICENSE NO.:
Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work:7080 EPIC Solar Pool Project
To.
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed.within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20_
The dates for Substantial Completion and Final Acceptance shall be
20 and 20_, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20_
CONTRACTOR
By:
Title:
Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610
Performance
Bond
00615
Payment Bond
00630
Certificate
of Insurance
00635
Certificate
of Substantial Completion
00640
Certificate
of Final Acceptance
00650
Lien Waiver
Release (CONTRACTOR)
00660
Consent of Surety
00670
Application
for Exemption Certificate
0
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto
City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal
sum of in lawful money
of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly -by
these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of ,
20, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project,7080 EPIC Solar Pool Project.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said Agreement during the original term thereof, and any extensions thereof
which may be granted by the OWNER, with or without Notice to the Surety and
during the life of the guaranty period, and if.the Principal shall satisfy all
claims and demands incurred under such Agreement, and shall fully indemnify
and.save harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default then this
obligation shall be void; otherwise to remain in full force and effect.
Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does, hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of ,
20
IN PRESENCE OF: Principal
(Title)
(Address)
(Corporate Seal)
IN PRESENCE OF: Other Partners
By:
By:
IN PRESENCE OF: Surety
By:
By:
(Address)
(Surety Seal)
r
NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
If CONTRACTOR is Partnership, all partners should execute Bond.
Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the
City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as "the OWNER", �in the penal
sum of in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of 1 ,
20 a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, 7080 EPIC Solar Pool Project.
NOW, THEREFORE, if the Principal -shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor
in the prosecution of the Work provided for in such Agreement and any
authorized extension or modification thereof, including all amounts due for
materials, lubricants, repairs on machinery, equipment and tools, consumed,
rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work
whether by subcontractor or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3)
each one of which shall be deemed an original, this day of
20 — —
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
By:
(Title)
(Address)
Other Partners
Surety
By:
By:
(Address)
counterparts,
NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
If CONTRACTOR is Partnership, all partners should execute Bond.
Section 00615 Page 2
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
Section 00630 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7080 EPIC Solar Pool 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.
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:
Section 00635 Page 1
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1
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STING DRAM LEADER,
rc:-2ROOF DRAIN DETAIL
1/-2*=l'-O'
VA �� BMTEK
V, It (OVER
RBNSTALL D*T. ROCK BALLAST
Oven SLP SHEET OVER apm
MEMBRANE ROOF SYSTEM OVER 150
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.r_
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iu
WUN'aR FLASHING
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it
REDIeTALL EMST. ROCK BALLAST
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
20
You are hereby notified that on the day of , 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, 7080 EPIC Solar Pool 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: 20
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
PROJECT:7080 EPIC Solar Pool Project
(CONTRACTOR)
1. The CONTRACTOR acknowledges having received payment, except retainage
from the OWNER for all work, labor, skill and material furnished,
delivered and performed by the CONTRACTOR for the OWNER or for anyone in
the construction, design, improvement, alteration, addition or repair of
the above described project.
2. In consideration of such payment and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged,
the CONTRACTOR voluntarily waives all rights, claims and liens, including
but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270
a and b), stop notices, equitable liens and labor and material bond
rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished,
delivered or performed for the construction, design, improvement,
alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land
improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished,, delivered
or performed by the CONTRACTOR or its agents, employees, and servants, or
by and through the CONTRACTOR by various Subcontractors•or materialmen or
their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project
or any funds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER,.the lender,
if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
employees, servants, agents or assigns against the project or against the
OWNER or its officers, employees, agents or assigns arising out of the
Section 00650 Page 1
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth
above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is.for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this day of
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
20_, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
20
Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7080 EPIC Solar Pool Project
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, asset forth in the said Surety Company's Bond.
1
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact.
Section 00660 Page 1
SECTION 00670
Section 00670 Page 1
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
A
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
. Registration/Account No. (to be assigned by DOR)
Period
89 -
0170-750 (999) $0.00 '
CONTRACTOR INFORMATION ,
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax Number:
Business telephone number:
Colorado withholding tax account number:
EXEMPTION INFORMATION Copies of contractor agreement pages (1) identifying the contracting parties
and (2) containing signatures of contracting parties must. be attached.
Name of exempt organization (as shown on contract):
Exempt organization's number:
198-
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
completion date:
l 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 2
Special Notice
Contractors who have completed this application in the past, please note the following changes in
procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime
contractors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved
in the project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates that
the prime contractor issued to subcontractors should be kept at the prime contractor's place of
business for a minimum of three years and be available for inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were
assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the
application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what
you believe to be the next in sequence as this may delay processing of your application.
Section 00670 Page 3
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL. CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No, 1910-5 (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 MODIr'ICATIONS (REV 9/99)
Article or Paragraph
Number x Titic
DEFINITIONS
TABLE .OF CONTENTS OF GENERAL, CONDITIONS
Page Article or Paragraph
Number Number & Title
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 ..........................,._1
1.7
Bidding Requirements ..........................
j
1.8.
Bonds... ........................ ...............
1.9
Change Order...,,,,
1
1.10
Contract Documents,.,..„ ........
_..1.
1.11
Contract Price
1
1.12
Contract Times
1
1.13
CONTRACTOR
1.14
defective ..................... ........................
1
1.15
Drawings............................................1
1.16
Effective Date of the Agreement.,..,.___-
I
1.17
ENGINEER
1
1.18
ENGIlNER's Consultant
I
1.19
Field Order
I
L20
General Requirements ........................2
1 21
Hazardous Waste .................................
2
1 .22.a
Laws and Regulations; Laws or
Regulations. _...
2
I:22.b
...................................
Legal Holidays, ............ ...................
. _2
1.23
Liens
2
1.24
Mileston.'.......................................2
e
1.25
Notice of Award
1.26
Notice to Proceed
2
1.27
OWNER
1.28
.......:.....................................?
Partial Utilization„ .............................:2
1.29
PCBs ..........................
1.30
Petroleum...........................................2
1.31
Project.. .......................................-
L32.a
Radioactive Material ............................:�
1.3-ib
Regular Working Hours,,,,,..
1.33
Resident Project. Representative,...........2
1.34
Samples__ ...................
1.35
Shop. Drawings._......... ............ ..........2
1.36
Specifications.....................................2
1.37
Subcontractor....,,,.,,, ...........................
2
1.38
Substantial Completion
1.39
......... I .......
Supplementary Conditions„ .................^
1.40
Supplier., ............................................
2
1.41
Underground Facilities ---------------- - ----
2-3
1.42
Unit Price Work ........................
..3
1.43
1N'ork..................................................3
1.44
Work Change Directive ................:.....:3
1.45
ii
Written Amendment
Page
Number
2. PRELIMINARY MATTERS _........._...................3
=. I
Delivery of Bonds .............................3
2.2
Copies of Documents ........................3.
2.3
Corn mencement.ofContract
Times; Notice to Proceed.,_.,_...._.,.
3
2.4
Starting the Work ............................
2.5-2.7
Before Starting Construction;
CONTRACTOR'S Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurancq„...,-..„
3-4
2.8
Preconstruction Conference..............4
2.9
Initially Acceptable Schedules_... ......
4
3. CONTRACT DOCUMENTS: INTENT,
. %4ENDING, REUSE..........................................4
3.1-3.2
Intent__. .........
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 Docunents,,,,.....
5
3.6
Supplementing Contract
Documents
5
3.7
Reuse of Documents ................
4, AVAI.LABILITY 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
ENGINF.ER's Review ........................
6
4.2.5
Possible Contract Documents
Change.........................................6
4.2.6
Possible Price and Times
Adjustments: ......... ....... ......
0-7
4.3
Physical Conditions --Underground
Facilities ................................
4.3.1
Shown orlndicated .._ ................,_.,.7
4.3.2
'Not Shown or Indicated7
4.4
Reference Points ................................
7
E1CDC GENERAL CONDMONS 1910-8 (1990 L'L)MON)
wl CITY OF FORT COLT -INS MODIFICATIONS (RF.V 9199)
104 15 18 -T7 8
-b
ILI
UPPER P60.7 of JC& ARENA
PkFTIAL SECOND FLOOR PLAN QCE MENAD -
`�
—�
� �.,
G
A
d
CORNER I—IMW DETAIL
c0a0lseE and Nrnt shad by others. iha Arsht test (Fngi
nee.)
It 11 1111*111bl, 1-
...... I.d
J,
At4
KEY FLAN
Article or Paragraph
Page
Number :Y 'Title
Mum ber
4.5
Asbestos, PCBs, Petroleum,
Fazardous Waste or
Radioactive Material
7-8
5. BONDS AND INSURANCE .................................
8
5.1-5.2
Performance. Payment and Other
Bonds..............................................
S
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
CONTRACTORs Responsibility
for Deductible Amounts ....................
10
5.10
Other Special Insurance, .....................
10
5.11
Waiver of Rights ...... ..........................
I 1
5.12-5. 13
Receipt and Application of
insurance Proceeds
10-11
5.14
Acceptance of Bonds and Insa-
ance; Option to Replace. ...................
11
5.15
Partial Utilization --Property
Insurance........................................1
1
6. CONTRACTOR'S RF.SPONSIBILITIF.S ...............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;
CONTRACTORs Expense;.
Substitute Construction
Methods or Procedures;
ENGINF..ER'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 .........................
J6
6:22
Hazard Communication Programs ......
16
6.23
Emergencies.....................................16
6.24
Shop Drawings and Sam ples:.............16
Article or Paragraph
Number & Titic
Page
Number
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal .....................................
16
6.26
Shop Drawing Sample Submit
-
talc 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
CONTRACTOR's General
Warranty and Guarantee..............17
6.31-6.33
Indemnification ..........................
17-19
6.34
Survival of Obligations ...................
18
7. OTHER WORK .................................................
IS
7.1-7.3
Related Work at Site,;,,,,,,,,,,,,,,,,,,,„
l8
7A
Coordination....._..........................18
8: OWNER'S RESPONSIBILITIES .........................1
S
S.1
Communications to CON-
TRACTOR.................................18
8?
Replacement of ENGINEER ............
IS
8.3
Furnish Data andPay Promptly
When Due..................................18
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 ..:..................:................
l9
8.9
Limitations on OkVNER'S
Responsibilities ...........................19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material .............
...... 19
8.11
Evidence of Financial
Arrangements....
9. ENGINEERS STATUS DURING
CONSTRUCTION.............................................19
9.1
OWNFR's Representative...............J9
9.2
Visits to Site..................................19
9.3
Project Representative ,,,,,,,,,,,,,,,19-21
9.4
Clarifications and Interpre-
tations, ........................................
21
9.5
Authorized Variations in kWk........
21
fUCDC GENERAL CONDITIONS I910.8 (1990 Wrnom
w/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9/99)
Article or Paragraph Page Article or Paragraph Page
Number [i Title Number Number JL Titic Number
9:6
Rej'ectingDefective Work ,,,,,,,,,,,,,,,,„.21
13.8-13.9
Uncovering Work at ENGI-
93-9.9
Shop Drawings, Change Orders
NEER's Request,,,,,,,,,,,,,,,,,,,,,
27-28
and Payments....................................21
13.10
OWNER May Stop the Work ..........
28
9.10
Determinations for Unit Prices
21-22
13,11
Correction or Removal of
9.11-0.12
Decisions on Disputes, ENGI-
Defective Work ;,;,r8
NEERasInitial Interpreter..............22
13,12
Correction Period,,,,,.,,,,,,,,,,,_.,_.,.�8
9.13
Limitations on ENGINEERS
13.13
Acceptance'ofMfeclive Wort
......28
Authority and Responsibilities,,,,
22-23
13.14
OWNER May Correct Defective
Work.......... ..................
28-29
CHANGES fN THE WORK
23
_..........
16.1
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 ........................,?3
14.3.
CONTRACTOR's Warranty of
Title
29
CHANGE OF CONTRACT PRICE ............................
23
14.4-14.7
Review of Applications for
1 i.1-1 L3
Contract Price; Claim for
Progress Payments,,,,,,,,,,,,,,,,,
29-30
Adjustment; Value of
14.8-14.9
Substantial Compleiion...........
30
the Work ........ ...........................
.23-24
14.10
Partial Utilization .............. ........
30-31
11 A
Cost of the Work...........................;4-25
14.11
Final lnspectioq ........ :........ ............
31
11.5
Exclusions to Cost of the Work,,,,,,,,,,
25
14,12
Final Application for Payment ........
31
11.6
CONTRACTOR'S Fee,,,,,,,,,,,,,,,,,,,,,,,,
25
14.13-14.14 Final Payment and Acceptance .......
31
11.7
Cost Records.................................
25-26
14.15
Waiver of Claims
31-32
11.8
Cash Allowances.. .... .......
...... 26
11.9
Unit Price Work................................26
15,
SUSPENSION OF WORK AND
TERMINATION
...............................................
32
CHiVWE OF CONTRACT TIMES ,,,,,,,,,,,,,,;,,,,;,,,,,,,,
6
15.1
OWNER.May Suspend Work,,,,,,,,,32
12.1
Claim for Adjustment ....... *.._..._.._..__.26
15.2-15.4
OWNER May Term inate ............._.32
12.2
Time of the Essence ,,,,,,,,, ....
_6
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate,,,,,,,,,,,,,,,,,
32-33
Control .......... .............. . .......... . .
. 26-27
12A
Delays Beyond OWNER's and
I&
D15PUTF.,RESOLUTION ..................................33
CONTRACTORS Control
�7
17-
N41SCELLANEOUS...........................................33
TESTS AND
INSPECTIONS: CORRECTIOAt,
17.1,
Giving Notice„..............................33
REMOVAL OR ACCEPTANCE OF
17.2
Computation ofTimes ......... .......
33
DEFECTIVE
WORK ............27
17.3
Notice of Claim.,.,,,,,,,
33
13.1
Notice ofDefects...............................
F7
17.4
Cumulative Remedies .............. ......
;13
13.2
Access to the Work ............................
7
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 L.aboratory_......27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities...............................r7
Dispute Resolution Agreement ............. _.... ,..GC -AI
13.6-13.7
Covering Work Prior to lnspce-
16.1-16.6
Arbitration.............................GC-A1
Lion, Testing or Approval................27
16.7
Mediation, ,,,..,,,,,,,.,,,,...,,,,,GC -AI
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COLIANS MOMFiCAMNS (RFV 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 ........................................9.1Z
14.15
insurance.........................................................
5.14
other Work by CONTRACTOR ..........................7.3
Substitutes and "Or -Equal" Items.....................$.7.1
Work. by OWNER ..............................
2.5, 6.30, 6.34
Access to the --
Lands, OWNER andCON1'RACTOR
resporisibililies.............................................
4.1
site. related Work., ........................
..................7.2
Work...........................................13.2,
13.14, 14.9
Acts or Omissions--, Acts and Omissions—
CONI'RAC1'OR:.........................._.......6.9.1,
9.13.3
ENGINEER...........................................6i.20,
9,13.3
OWNER ... .. ........................ .............
......... 6.20. 8.9
Addenda --definition of (also see
definition of Specifications) .......
(1.6, 1.10, 6.19), 1.1
Additional Property Insurances .................................
5.7
Adjustm ents--
Contract Price or Contract
'1'imas.,._......................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, policy form .... -..
........ I ......... I5.6.2
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
.......................G.8.2, 6.19. 10.1, 10.4, 11.2
.....1.2.1,
13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 0.11, 10.4, 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGINF.F.R's Responsibility ...............................
9.9
final payment ................. 9.13.47 9.13.5, 14.12-14.15
in general ..........................2.8,
2.9, 5.6.4, 9.10, 15.5
progress payment .... ..:...................
I ............ 14.1-14.7
reviewof .......................................
............ 14.4-14.7
Arbitration ........................................
............. 16.1-16.6
Asbestos --
claims pursuant thereto............................5.2,
4.5.3
CONTRACTOR authorized to stop Work .... _.......5.2
definition of.......................................................1.4
tlrticle or Paragraph
Number
OWNER responsibility for ..... .........................
4:5.1, 8.10
possible price and times change....,,_
................4.5.1
Authorized Variations in Work ...........
3.6. 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
(1.1, 1.10, 2.3, 3.3,.
...................... 4.1.6.4, 6.13, 1 1 A.3, 11.9.1)
Bidding Doctunents-definition
of
1.6 (6.8-2)
Bidding Requirements--defmition
of.....................................I...1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of ... ............
5.14
additional bonds .............................:....
10.5. 11.4.59
Cost of the Work............................................11.5.4
definition of.......................................................k.8
delivery of....................................................2.1,
5.1
final Application for payment' _... .,,,
... ,.... 4.12-14.14
general ......................................
1.10, 5.1-5.3, 5.13,
I ...........................
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 . ............ .......................................
I L8
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. 11.21 13.9,
............ I ..........13.13, 13.14,
14. 7, 15.1, 15.5
CONTRACTOR's fee.........................................11.6
Cost of the Work
general ................... ..................
........... 11.4-11.7
Exclusions to .............................................
...1I:5
Cost Records, ........... I., ...... I ................................
11.7
in general.............j.19, 1.44, 9,11,
10.4.2, 10.4.3, 11
Ltuup Sum Pricing ................ ..........................
11.3:2
Notification of Surety........................................10.5
Scope of....................................................10:3-1G.4
Testing and Inspection.
Uncovering the Work, .....................
........... 13.9
umc c&NERAL coi DIT1ONS 1910-8 (1990 EDITION)
wf CITY OF FORT COLLIM MODIFICATIONS (REV 9(99)
Unit Price Work 11.9
Article or Paragraph
Number
Value of Work ................................................
P.: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 tim a lim its.:..................................:12
2
Delays beyond CONTRACTOR's
control........................................................12.3
Delays beyond OWNERS and
CONfRACTOR's control ........
......... _..... „ 12.4
Notification of surety :.... .......... .....
I .... I ........ I ...... 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...................................1.11
Change of Contract Times...................................12
Changes in the Work...........................................10
CONTRACTOR's fee
11.6
Cost of the Work... ..... I ..............................
11.4-11.7
Cost Records... ........ ......... .........................
11.7
definition of.......................................................1.9
emergencies,.,;,,,.,
0.23
ENGINEER's responsibility,,.„-.9.8,
10.4, 11.2, 12.1
execution ot..................................................::..10.4
Indemniticfion .........................0 12, 6.10, 6.31-6.33
Insurance, Bonds and .,__,_.----
.--- 5.10, 5.13, 1Q5
OWNER may terminate ,., ....,
I .............. 1.5.2-15.4
OWNER's Responsibility. . .... . .....................
$4 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 .............................................
6.7.31, 6.8.2
Unit Price Work ................................................
11.9
value of Work, covered by.................................11.3
Changes in the Work..............................................10
Notification ofsurety................................
........ 10.5
OWNER's and CONTRACTOR's
responsibilities......................................I.....10.4
Right. to an adjustment......................................10.2
Scope of change ......... ...............................
10.3-10.4
Claims --
against CONTRACTOR....................................¢.16
against ENGIATEER..:......:....::.„.,.,....,,,,.,..,,,;.,,;
6.32
against OWNER„..........
„6.32
..................................
Change of Contract Price,,,,,;,,,,,,,,,,,,,,,,,,,„
9.4. 11.2
Change of Contract Times .......................
9.4, 12.1
CONTR4CTOR's...... _.....4. 7.1,
9.4. 9.5. 9.11, 10.2;
...........................11.2, 11.9,
12.1, 13.9,.14.8,
15.1. I5:5, 17.3
CONTRACI'OR's Fee 1 L6
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 Dispute4....... I .......................
9,11-, 9.12
Dispute Resolution ........................ ....................
16.1
Dispute Resolution Agreement ....................
16.1-16.6
ENGINEER as initial interpretor .......................9.11
Lump Sum Pricing-, ........................................
10.2
Notice of .......................................
17.3
OWNF..R's................... 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
................ .......„ 12.1, 139. 13.13.
13.14. 17.3
OWNERS liability ...... .........................................
5-5
OWNER may refuse to make payment.................14.7
Professional Fees and Court Costs
Included
17..5
request for formal decision on„,,,,,,,,,*%11
Substitute Items.............................................6..1.2
7
Time Extension.................................................12.1
Time requirements....................................9.11,
12.1
Unit Price Work ......... ........... :........................11.9.3
Valueof...........................................................1,1.3
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 ...........................
3.3.3
Commencement of Contract Times__,.. „ .........
, ........ 2 3.
Communications—
.. general ............. .................................
6.2. 6.9.2. 8.1
Hazard Communication Programs, ....................
.6_222
Completion --
Final Application for Payment .........................14.12
Final Inspection,.,.,.,,,_.,,,, ................,._14.11
Final Payment and Acceptance, ...........
* 14.13-14,14
Partial Utilization
Substantial Completion ......................1.38,
14.8-14.9
Waiver of Claims : .... .......................................
14A 5
Computation of Times .................... ...........
17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others................:................................6.8-6.11
Conferences --
initially acceptable schedules...,,,,_,... I .................
2:9
preconstruction ...................
2.8
Conflict, Error, Ambiguity, Discrepancy--
CONIRACTOR to Report ..........................
Construction, before starting by
CONTRACTOR,............
2 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 CONDMONS
1910.8 (1990 ED1110N)
w/CITY OF FORT'COLLINS MODIFICATI NS (RF,V 909)
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 ......................... I......................:2.5
Clarifications and
Interpretations ........................3.2, 3.6, 9.4, 9.11
definition of...................................................J.10
ENGINEER as initial interpreter of..................9.11
ENGINEER as OWNER's representative..............9,1
genera13
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
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, 1 L2-11.3
Changeof..........................................................11
Decision on Disputes........................................9.11
definition of.....................................................1.11
Contract Times --
adjustment of .......................... 3.5. 4.1, 9.4, 10.31 12
Change of .......:............... ........ .................
12.1-12.4
Commencement of
2.3
definition of.....................................................1.1'2
CONTRr1CTOR-
Acceptance of Insurance ..........
... .14
Communications,
6.-1 6.9.2
Continue Work ........................................
6.29. 10.4
coordination and scheduling ......................
.....6.9.2
definition of....................................................1.13
Limited Reliance on Technical
Data Authorized................„,„.,.,_..._,_,„_..,.,4.2.2
May Stop Work or Terminate...._„_.....,,,,_„__..,,,,15.5
provide site access to others ...,
7.21 13.2
Safety and Protection ....................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
CON1'RACCOR'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
Dit%ring 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 &4achinery 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,,,,,,,,,,,,,,,,,,,,,,,6:3f1
Hazard Communication Programs
6.22
Indemnification .........................6.12, 6.16,.6.31-6.33
Inspection of the Work....: ..........................
7.3, 13A
Labor, Materials and Equipment ....................6.3-6.5
Laws and Regulations, (compliance by,,.,.„•.,,,
6.14,1
LiabilityInsurance.............................................
5.4
Notice of Intent to Appeal,_... ..... I ... ,.,;,•,,,,9.19,
10.4
obligation to perform and complete
the Work,.....................................I.............6.30
Patent Fees and Royalties, paid for by................5.12
Pcrformanceand Other Bonds
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule ........................._.2.6. 2.8. 2.9, 6.6.
.......... .............................. 6._9, 10.4,.15.2:1
Request for formal decisionon disputes,,,,,•,,,,,,,,
9.11
Responsibilities --
Changes in the Work ..................... .............
* 10'A
Concerning Subcontractors, Suppliers
and Others..........:......................-„_,6.8-6.11
Continuing the Work ..........................6129,
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............................I...6.9.2
Emergencies ...............................................
6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items.............................6.7.3
For Acts and Omissions
of0thers.............................6.9.1-6.9.2, 9.13
for deductible amounts, insurance, ,,,,,,,,,,,,,,,,,,
i.9
general........................................6, 7.2,
7.3, 8:9
Hazardous Communication Programs ...........
6.22
Indemnification
6.31-6.33
vii EicDC GENEm CONDiTiONS 19,10-3 (1990 EDITION)
w/ C[TY OF FORT COLLINS MODIFICATIONS (PS V 9/99)
Labor, Materials and Equipment..............6.3-6.5
Laws and Regulations,.._,. ........
Liability Insurance, .................... _ ......... _... _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 ofrequirod
subm ittals....................:........................
6:28
safe structural loading..,_ ...........................6.18
Safety and Protection,..,,_ ............. ti.20,
T2, 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 ......... :......... ........................
,17
Submittal Procedures ...................................
6.25
Substitute Construction Methods
and Procedures ...................................
6.7.2
Substitutes and "Or -Equal" Items................0.7.1
Superintendence_, ........ ............ ..:................
6.2
Supervision....................................... ............6.1
Survival of Obligations................................6.34
Taxes.............................................:...........6.15
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 ............... I .........................
.25
Right to adjustment for changes in the Work 10.2
right to claim ............. , 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
.,........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.., ..... ...... ... I ._..I.....I...
6.21
Shop Drawings and Samples Submittals, ....
6.24-C,.28
Special Consultants ................. ...... . ...............
...11.4A
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 ................................ I ......
....ti.15
Use of Premises
6.16-6.18
Warranties and guarantees ........ ....... .......
.6.5, 6.30
Warranty of Titie........................................14.3
Written Notice Required—
CONTRACTORstop Work or terminate.......15.5
Reports of Differing Subsurface
and Physical Conditions .......................
4.2.3
Substantial Completion................................14.8
viii
CONTRACTORS --other 7
Contractual Liability Insurancc,,.......... ..................S.A.10
Contractual Time Limits 12.2
..........................................
Article or Paragraph
Number
Coordination—
CONPRACTOR's responsibility ........................
6.9.2
Copies of Documents ...............................................
2 2
Correction Perial,,,,,,,,,,,,,; .....................
. . 13.12
Correction, Removal or Acceptance
of Defective Work--
in general, .................................. 10-4.1,
13:16-13.14
Acceptance of Defective Work .... .................
...... 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
Records11.7
Cast of the Work —
Bonds and insurance, additional ...................11.4.5.9.
Cash Discounts ................................................
11.4.2
C,'ONTRACTOR's Fee
11.6
Employee Expenses., .... ... I .... I ......
Exclusions to :. .............. *...... :.....................
.... .
Genera I11.4-11.5
Home office and overhead expenses,,,..,
.............. 1 1 5
Losses and damages .....................................11.4.5.6
Materials and equipment._.,____. I ......... _.,-_.
--- 11.4.2
Minor expenses,.,, ........... ......................
....11.4.5.8
Payroll costs on changes.................................11.4.1
performed by Subcontractors ,,,,,,,,,,,,,,,,,,,,,,,,,„11A.3
Records 11.7
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,,,,,,,,,,1
1.4.5.2
Special Consultants,.CONTRACTOR's..._......._
11.4.4
Supplemental.................................................1
L4.5
Taxes related to the Work
Tests and Inspection.........................................13.4
Trade Discounts .:.......................„..„:.,,,,..,,,_„
11.4?
Utilities, fuel and sanitary facilities ...........
11 A.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? -
Data, to be furnished byOWNER..............................8.3
Day --definition of.................................................17.2.2
Decisions on Disputes ....... ............... ..............
9,11, 9.12
defective --definition of...........................................1.14
defective Work--
Acceptance. o f.....................I.................10.4.1.
13.13
EJCDC GENERAL CONDrrIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COL UNI S MODIFICATIONS (REV 9199)
Correction or Removal of ..................10.4.1, 13.11
Correction Period ..:..... .. .....
...........
..........._,_.....
13.12
in general ................... I....,............1.13. 14.7. 14.11
Article or Paragraph
Nu ber
'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 ............... ........... ...........................
'2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;
9.10
Differing, Subsurface or Physical Conditions --
Notice of ................ ............................................
4.2.3
FNGINF.ER's Review ......................................
a.2.4
Possible Contract Documents Change ...............
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
general16
Mediation........................................................
16.6
Dispute Resolution Agreement ........... ..............
16.1-16.6
Disputes, Decisions by ENGINEER .................
. 9.11-9.12
Documents --
Copies of... ...... ......
Record 6.19
Reuse of.............................................................
3.7
Drawings--detinition of.,,,,,.,,,,, ...........................
...1.15
Easements.............................................................
4.1
Effective date of Agreement -- definition of .............
1.16
Fin ergencies...........................................................6.23
ENGINEER--
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
ENGfNEER's--
authority and responsibility, limitations on ........ 9.13
Authorized Variations in the Work .,,,,•,,,,,•,,,•„•..9.5
Change Orders, responsibility for.,.....
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._ . .... .........
- ... I --------- I4.13
Observations...........................................6.30.2,
9.2
OWNER's Representative ......
..-.._.___.,_..............9.1
Payments to the CONTRAC-rop,
Responsibility for... la
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 Work9.5
Clarifications and Interpretations •.__.....
•........9.4
Decisions on Disputes ...................
9.11-9.12
Determinations on Unit Price
9.10
ENGINEER as Initial Interpreter,._,___„
9,11-9.12
ENGMER's Responsibilities ................9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities ..............................
9.13
OWNER's Representative., ............................9.1
Project Representative..................................19.3
Rejectingective Work..............................9.6
Shop Drawings, Change Orders
and PaymenLs....................................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,.......................0.3-6.5
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.I 1
Explorations of physical conditions ........................
4.2.1
Fee, CONTRACTOR's--Costs Plus ...........................11.6
Field Order --
definition of, ........... : ........................................
JI. 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 allotences...............................
1 1.8
General Provisions,,,,,.,,,,•,•,,,,,,,,,,,,,,,,,,,,,,,,,,,,,17.3-17.4
General Requirements -
definition of.....................................................1.20
principal, references t4...............2.6, 6.4, 6.6-6.7, 6.24
Giving, Noticc.........................................................17.1
Guarantee of Work -by CONTRACTOR;,..,.,,
6.30, 14:12
Hazard Communication Programs,,,,,,,,,,,,,,
.......... - 6.22
I•Iazardous Waste--
definitionof.21
..................................... .................1
general .........___.......................................
..... 4.5
OWNER's responsibility for ..............................
8.10
EJCDC GENERAL CONDITIONS 19I0.8 (1990 EDITION)
wf CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Indemnification, ...... ....... ..... _ ..... . fi.12, 6,16, 6.31-6.33
Initially Acceptable Schedulcs;;,,,,,,,,,,,,,,,•_
Inspection --
Certificates of ............. ......... ........ 9.13A,.13.5, 14.12
Final............. .............................................. 14-11
Article or Paragraph
Nunn ber
Special, required byENGfNEER 9.6
Tests and Approval ............................ 5.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER .:... ..........................
5,14
Additional, required by changes
in the Work...........:................................11.+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,
........................5.6:5, 5.8, 5.14, 9,13.4,
14.12
completed operations ........ ... .......................
5A I3
CONTRACTORS Liability..................................5.4
CONTR.ACTOR's objection to coverage,,,,,,,,,,,,,
5.14
Contractual Liability ......................................5A.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
UWNER's Liability.....
- .�5
OWNER'S Responsibility_
Partial Utilization. Property Insurance ,-,,,..,,,•,...S-Is
Property........... ..........................................5.6-5.10
Receipt and Application of Insurance
Proceeds, ................... .........................
5,12-5, 13
Special Insurance„-
...,.... 5110
Waiver of Rights .... ......... __.... .... ..................
.5.11
Intent of Contract Documents,,,•,,,,,,,,,,,,,,,,,,,,,,,;,,3.1-3.4
Interpretations and Clarifications ....I...............3.6.3,
9.4
Investigations of physical conditions
4.2.
Labor, Materials and Equipment,,,,,,,,,,,,,,,, ,,_,.....6.3-6.5
Lands --
and Easements...................................................$.4
Availability of .............................................
4.1, 8,4
Reports and Tests .......... ........................ ............:g.4
Laws and Regulations --Laws or Regulations--
Bonds........................................................5.1-5.2
Changes in the Work, ........ .............................1(1.4
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
1'rccedence .......:..................... 3.1, 3.3.3
Reference to....................................................3.3.1
Safety and Protection................................6 20, 13.2
Subcontractors, Suppliers and Others ........... 6.8-6.1I
Article or Paragraph
Number
Tests and Inspections...................................13.5
Use of Premises ............: ...
6.16
Visits to Site_.,,,.,,, ............................................
„9.2
Liability Insurance—
CONTRACTORs ...............................................
. 5.4
OWNERS:...............................:..........................5.5
Licensed Sureties and Insurers;,,,,•,• ........... .............
5.3
Liens --
Application for Progress Payment .......................
14,2
CON IZAC'I'OR's Warranty ofTitie .... ..... ,,
, 14.3
Final Application for Payment ........ ,...... ..........
4.12
definition ...
of..................................................
1 23
Waiver of Claim's„•,,,,,,,,,,,,,,,,,„.,,,,,,,-,,,,,,,,,-.,,14.15
Limitations on ENGNEER's authority and
responsibilities .................................................
9.13:
Limited Reliance by CONTRACTOR
Authorized......................................................
4.2.2.
Maintenance and Operating Manuals --
Final Application for Payment ..........................14.12
Manuals (of others)--
Precedence....................................................i.3.3.1
Reference to in Contract Documents.,,,,,,•,,,,,,,,-3.3.1
MateriaWand equipment --
furnished by CONTRACTOR..,-- ----------- *.......
...... .3.
not incorporated in Work ,,,,,,,,,,,,,,,,,,•,,,,•,..........
14.2
Materials or equipment --equivalent ......................I....6.7
Mediation (Optional)..............................................16.7
Milestones --definition of
..........................................
1.24
Miscellancous-- .
Computation of Times............................I...........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..............:..........................4.3.7
Notice of --
Acceptability of Pr'oject.....................................14.13
Award, definition of.......,.......... . ................1.25
......
Claim ...................... ......................................
17.3
.
Defects,13:1
Differing Subsurface or Phvsical Conditions,_„_4,2.3.
Giving.................................... ........................
1,7.1
Tests and Inspections ,,,,,,,,,,,,,,,,• 13.3
Variation, Shop Drawing and Sample ;,,,,,•,,,,,,,,, G:27
Notice to.Proceed--
definition of.....................................................1.26
givingof ............ ........ ........................................=,3
E1CDC; GENERAL CONDITIONS 1910.8 (1990 ED111ON)
w/ CITY OF FORT COLLINSh10DIFICA110NS (REV 9191)
Notification to Surety.. .... .......................................
jO.5
testing, independent .............................. .......... 13.4
Observations,
ons, by ENGINEER ... ................
6.30, 9.2
use or occupancy
Occupancy of the Work .... 5.15. 6.30.2.4. 14.10
of the Work.......,,.,,,,,.......... 5.15. 6.30.2.4, 14.10
Omissions or acts byCONTRACTOR...... ........
6.9,9.13
written consent or approval
Open Peril policy form, Insurance ..........................5.6.2
required .................... .................... 9.1, 6.3, 11.4
Option to Replace ....................................................
5, 14
Article or Paragraph
Number
"Or Equal" Items ................ ......................................
6.7
Other work 7
Overtime Work --prohibition of ..................................
6.3
OWNER- -
Acceptance ofdefecfive Work .......................... ...............
113.13
appoint -an ENGINEER.... ...................................
8.2
as fiduciary .............. ...........................
5.12-5.13
Availability of Lands, responsibility ....... ; ............
4.1
definition o( ........ ___ ..........................
........ * 1.27
data, furnish ......................................................8.3
May Correct Defective Work ... ......... ..............
13.14
May refuse to make payment .............................14.7
1.4.7
May Stop the Work .......................... I .......
May Suspend Work,
Terminate...,...._-_.............A.S, 13.10,
15.1-15.4
Payment, make prompt ................... _ 83, 14.4,
14.13
performance of other work ............................
7.1
permits and licenses, requirements,,,,,,,,,,,,,,,,,,,
6..13
purchased insurance requirements ...............
5.6-5.10
OWNTER!s--
Acceptance of the Work ...............................
6.30.15
Change Orders, obligation to execute ...........
8.6, 10.4
Communications,....... ......................... ............
8.1
Coordination of the Work
7.4
Disputes, request fordecision ............................9.11
Inspections, tests and approvals .............. ...
$3. 13.4
Liability Insurance ..............................................5.5
Notice of Defects ..............................................13.1
Representative --During Consmuction,
ENGINEFR's StatiL
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
CONTRACTORs responsibilities ..................
8.9
evidence of financial arrangements ...............
$AI
inspections, tests and approvals.,, ...................
8.7
insurance
�.5
lands and easements .......... .................
8.4
prompt payment by .......................................8.3
replacement of ENGENEER.._.... ..................
$.2
reports and tests ............................................
8:4
stop or suspend Work ................... 8.8, 13.10,
15.1
terminate CONTRACTORs
services., ............. : ....... ..........
J.8. 15.2
separate representative at site ..............................9.3
Xi EJCDC GENERAL CONDITIONS 1910-3 (1990 El)fflom
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Article or Paragraph
Num ber
written notice required .........................
71-1, 9.4, 9.11,
...........................11.2, 11.9, 14-7, 15.4
PCBs --
definition of.............:_......................................1,29
general................................. ....................
....... 4.5
OWNER's responsibility for ...............................5.10
Partial -Utilization--
definition of.......................................................1.28
general 6. 30.2.4, 14.10
Property Insurance,_,,,_ ...................
..5.15
Patent Fees and Royalties ........................................6.12
.
Payment Bonds ........... 11...1 ....................
5.1- 15.2
Payments, Recommendation of ..............
14.4-14.7, 14.13
Payments to CONTRACTOR and Completion
-
Application for ProgressPayments ..............
....... 14. 2
•CONTRAi7rOR`s Warranty ofTitic ..........
.... *14.3
Final Application for Payment.........................14.12
Finn I Inspection ...... .................. .............
I ....... 14.11
Final Payment and AcceptHnc I e .... _
_:__1 4,13-14,14
general ......................... .....................
8.3, 14
Partial Utilization .................. _
14.10
Retainage..........................................................14.2
Review of Applications ror
Progress Payments ............................
... 14,4-14.7
prompt payment.... ....................
.......... ...... $3
Schedule of values ...... z..; ....... _ ..........
_ � �: ... 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 .....................................
I ......
Perm itsI ............ ...............
...... 6.13
Petroleum --
definition of.....................................................1.30
general........... ..................................................
4.5
OWNER's responsibility f4 ...............................8.10
Physical Conditions --
Drawings ofin or relating to .............
..... 4.2.L2
ENOrNEER!s review, .....................................
-A.2.4
existing structures.... .......... I ...... ....................4.2.2
general4.2.1.2 .............. .......... I ....
I ............. -
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 ......... I ............. _ ......
Technical Data, Limited Reliance by
CONTRACTOR Authorized ...........
....... 4.2.2
Underground Facilities --
general..... ............................ M .............
... 4.3
Not Shown or Indicoted .......... __ ......
:__ --- 4.3.2
Protection o( ........................................
4.3,6.20
Article or Paragraph
Number
Shown or Indicated
Technical Data
4,2.2
Preconstruction Conference
2.8
Preliminary Matters..,_...__, ....... I .........
... 2
Preliminary Schedules ........................ ......................
16
Premises, Use of ............ ......
6.16-6.18
Price, Change of Contract ... ...................
....... I I
Price, Contract --definition of..................................
1.11
Progress Payment, Applications fq .......
............ i 4.2
Progress Payment---rctainagq,, .... I ...... ......
........ 14.2
Progress schedule, CONTRACTMs ...........
2,6,.2.8, 2.9,
........ ................ 6.6. 6:29. 10.4, 15.2.1
Project --definition of ...............................................1.31
Project Representative—
ENGINEERs Status During Construction ............. 9.3
Project Representative, Resident --definition o - f ......... 1.33
prompt payment by OWNER .....................................
8.3
Property Insurance --
Additional
53
gencraI5.6-5. 10
Partial Utilization .................... ........
5.15� 14. 10.2
receipt and application of proceed. ....
....... 5.12-5.13
Protection, Safety and ..............................
620-6.21, 1.3.2
'Punch list.......... .................
14.11
Radioactive Material—
defintion of
1.32
Vnera14.5
OWNER's responsibilityfor ..............................
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
or Technical Societies .................... I ....
I ... I ........... 3.3
Regulations, Laws and(or) ......................................
6,14
Rejecting Defective Work .. '..............................
9.6
Related Work --
atSite ....... I ........... 11 ............. ; ........ ;
............ 7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ... .......
.......... 6.28
Remedies, cumulative__..__..., .......................
17.4. 17.5
Removal or Correction ofDofectiv? Work ..........
...... 13.11
rental agreements, OWNER approval rcquired ..... 11.4.5.3
replacement of ENGINEER� by OWNER .........
........ :& 2
Reporting and Resolving
Discrepancies .................................. 2.5, 33.2, 6.14,2
Reports --
.and Drawings .................................................4.11
and Tests. OWNW,s responsibility.,.,
.......... ...... $.4
Resident and Project Representative --
definition of ............ I ......... I .... I ...................
I., ... 1.33
provisionfor ........................................... ....... ......... 9.3
sii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
wICITY OF FORT.COI.I,[NS,\IODIFICA710,14S (RFV 9199)
NORTH ELEVATION v1e•;t�4.
1 -.41
I'EAST ELEVATION. 1116':l*-;D"
Tp-
------ IT—
'SOUM ELEVATION
. L2
----------- ------
ILI
LWTS—TL"V�
1—Inrb—sp. conp 1, "Y ,m,, mi,,Ao,, Mtc.2. b
'Ib f It, this dlll.11t 1, a ...It.
Article or Paragraph
Num ber
Resident Superintendent, CONTRACTOR's............... 62
Responsibilities--
CONTRACTORs-in general,,,,.. I ............... I ........... 6
ENGINEER! s-in.genera I........................................9
Limitations on.............................................9.13
OWNER's-in general..............................................8
Retainage............................................................1.4.2
Rcuse of Documents .................................................
3.7
Review by CONTRACTOR: Ship Drawings
and Samples Prior to Submittal ..........................6.25
Review of Applications for
Progress Payments ..... ..... .......... ..................
14.4-14.7
Right to an adjustment...........................................10.2
Rightsof 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 ............................... ......................
Ci.20-6.23
Representative, CONTRACTORS ......................6.21
Samples --
definition of ............ .................. ........................
1.34
general....:..:...............1..:.................-.:.....:
6.24-6.28
Review by CONTRACTOR .... ............
................ 6.25
Review by ENGINEER..............................6.26,
6.27
related Work.....................................................0.28
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., ....................
I .......... 6.24-6.28
Change Orders & Applications for
Payments, and ... ....... ...... I ..... I——
.... .._...... 9.7-9.9
definition of ...................... :....... .........................
1.35
ENGINEFR's approval of
3.6.2
ENGINEER s.responsibility
for review .....................................
9.7, 6.24-6.28
related Work .......................... ._....._.................:6.28
review procedures.... I..........................18,
6.24-6:28
Article or Paragraph
Number
submittal required... .............................................
6.241
Submittal Procedures.........................................6.25
use to approve substitutions.. .....
................
_6.7.3
Shown or Indicated ...............................................
4.11
Site Access......................................................72,
13:2
Site Cleanliness ........................................................
6.17
Site, Visits to --
by ENGINEER...........................................9.2,
13.2
by othcrs............................... ..........................13.2
"special causes of loss" policy firm,
insurance .......................................................5.6.2
definition of ................... ................ I .................
1,36
Speci ficat ions--
defination of....................................................1.30
of Technical Societies, reference to., ................
3.3.1
precedence......................................................3.3.3
Standards and Specifications
of Technical Societies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
3.3
Starting Construction, Bcforz...............................
.5-2.8
Starting the Work......................................................2.4
Stop or Suspend Work --
by CONTRACTOR...........................................15,
i
by OWNER.....................................8.8, 13.10,
15.1
Storage of materials and equipment„.,_..............4.1,
7.2
Structural Loading, Safety ...: ........... :..:...:....:.......
..... 6.18
Subcontractor
Concerning ................................................
6.8-6. I 1
definition of. ........... ........................................
J.37
dcla%s
12.3
waiver of rights................................................0.11
Subcontractors --in general,,,,,,,,,.„.....................6.8-6.11
Subcontracts --required provisions.,,,.,_„ 5.11, 6.1
I,114.3
Submittals —
,Applications for Payment„ ................................
14.'--
Maintenance and Operation ivfanuals...............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 Drawingsand Samples
Submissions, ...................... ...... 1.2.6,
2.8-2.9
Shop Drawings ........................................
6.24-6.38
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of. ....................................................
J1.38
Substitute Construction iMethods or Procedure*
........ 6, 7.2
Substitutes and "Or Equal" lterns:..............................6.7
CONTRACTOR's ExpenK .......... .I ................
6.7.1.3
FNGINFF..R's Evaluation6.7:3
"Or -Equal.. ...................................................
0.7.1.1
Substitute Construction Methods
riii EJCDC GLNERAL CONDITIONS 1910.8 (1990 EDITION)
wl CITY OF FORT COLUNIS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures ..............................................
6.7.2
Substitute Items
6:7.1.2
Subsurface and Physical. Conditions --
Drawings of, in or relatitg to,,,,,,,,,,,,,,,,,,,,,,„
4.2. L2
ENGIlVEER's Review
4.14
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._.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--
CONTRACTORs responsibility.. ....... __...........
.... ... i; l
OWNER shall not supervise ......... ....
, 8.9
ENGINEER shall not supervise................9.2,
9.13:2
Superintendence...............................7......................
6.2
Superintendent, CONTRACTOWs resident...............6.2
Supplemental costs .................. :.................
...:..:....11.4.5
Supplementary Conditions --
definition of.....................................................1.39
principal references to.................1.10, 2.2, 2.7,
............4:2, 4.3, 5.1, 53,
SA, 5.6-5.9,
...... I ... 5.11,6.8,6.13,7.4,8.11,9.3,9.I0
Supplementing Contract Documents ..........................3.6
Supplier --
definition of ............ * .............
principal references to.......,,;3.7, 6.5, 6.8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights ............................. ..:......
.......... 6.11
Surety --
consent to final payment ........................
14.12, 14.14
ENGINEER has no duty to
9.1'3
Notification of..................................10.1,
10.5, 15.2
qualification of ..................................
...5.1-5.3
Survival of Obligations ...........................................
6.34
Suspend Work, OWNER May .......................1.3,10.
15.1
Suspension of Work and Termination --,,,,,,,,,,,,,,,,,,,,,,IS
CONTRACTOR May Stop Work
orTerminate ... ................... .................:.......15.5
OWNER May Suspend Work ...... ........................
15.1
OWNER May Term inate ............................
1.5.2-15.4
Taxes --Payment by CONI'RAC'TOR ..................
.......6.15
Technical Data --
Limited Reliance by CONTRACTOR,,,,,,,,,,,,,,,,,
4.2.2
Possible Price and Times Adjustments ......
........4.21.6
Reports of Differing Subsurface and
Physical Conditions...... .... .....................
N
42.3
Temporary construction facilities .......... .._........ ,........ .1
Article or Paragraph
Number
Termination_
by CONTRACTOR
15.5
by OWNER .................... S.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
CONPRACI'OWs responsibilities .........
......13.5
cost of 13.4
covering Work prior to, .... I ......... : ........... I ...
13.6-13.7
Laws and Regulations (or)_ ..........................
..... 13.5
Notice of Defects..................................:............13.1
OWNER May Stop Work ... ............................13.10
OWNF.R's independent testing ..........................13A
special, required by ENGINEER .........................9.6
timely notice required .......................................
13.4
Uncovering the Work, at ENGNEER's
request.............. ..13.8
13.9
Times--
Adjusting..........................................................6.6
Change of Contract.........................................
...12
Computation of................................................17.2
Contract Times --definition of ...........................
j.12
day _, ...........................17.2
1
Milestones �
12
Requirements--
appeals.................................................9.10,
16
clarifications,
claims and.disputes..................9.1 I,
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 cr 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
genera I11.9. 14.1, 14.5
Unit Prices—
general 11.3.1
Determination for....................................„..,-„9.10
Use of Premises .. ....... .........": '...,.... 6.16, 6. I8,
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 CONDMONS I910.8 (1990 L:DITION)
wI CITY OF FORT COLLINS MODIFICA'11ONS (RF.V 9/97)
Variations in Work --Minor
Authorized., .................... ; .................6.25, 6,27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGIYEER....................................
9.2
_ Waiver of Claims --on Final Payment._.
_ -............, 14.15
Waiver of Rights by insured parties..................j.1
I, 6.11
Warranty and Guarantee, General --by
CONTRACTOR ............ :...................................
6.30
Warranty of Title, CONTRACTOR's..................
..... 14.3
Work --
Access to
13.2
byothers ................................
......... 7
Changes in the....................................................1.0
Continuing the .................................................
6.29
CONTRACTOR May Stop Work
or Terminate...............................................15.5
Coordination of ....................................................
7A
Cost of the .................................................
11.4-11.5
definition of 1.1,
A3
neglected by CONTRACTOR——— ...................13.14
otherWork............................................................7
OWNER May Stop Work ................................
.13.10
OWNER May Suspend Work...................j3.10,
15.1
Related, Work at Site ................. I...................
7.1-7.3
Starting the,...................... .................................
.2.4
Stopping by CONTRACTOR .............................
I,5.5
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 .............. ] A 0,
3.5, 5.10,15,12,
..........................i.6.2, 6.8.2.
6.19, 10.1, 10.4.
...........................1.1.2,12.1,13.12.2,14.7.2
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. 111
by OWNER .............._....9.10-9.1l,
10.4, 11.2, 13.14
IN EJCDC GENERAL CONDITIONS 19I0.8 (1990 EDFIIOt�
w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199)
(This rage left blank intentionally)
xvi EJCDC: GENERAL. CONDITIONS 1910 •S (1990 EDITION)
W/CITY OF FORT COLUNS MODIFICATIONS (RF,V 99Q)
GENERAL CONDITIONS
ARTICLE I--DE[TI IITIONS
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 instrument-, 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 Pavme» t- The form accepted by
ENGINEER which is to be used by'CON"I'RAG'fOR 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 --Arty 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. Bid —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. Bondr—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 Wort:, or an adjustment in the Contract Price or the
Contract Timm issued on or after the Effective Date of the
Agreement.
eement.
1. M Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACI'OR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an c\hibit to the Agreement, the Notice to Proceed the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDrnom 1910-s (tm Ectiticto
at CITY OF FORT COLLINS MODIFICATIONS (REV,IP-O 1
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGIIN-EER's
written interpretations and clarifications issued pursuant to
pamgraphs3.5, 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 627 and the
reports and drawings referred to in paragraphs 4.11 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, fimi 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
Dmuments, 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 OR'NER at Substantial Completion in accordancewith
paragraph 14.5 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 tire 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. ENGINEER's Consultant --A person. firm or
corporation having I contract with ENGINEER to furnish
services as ENGINEER's. independent professional
associate or consu Itani with respect to the Projectand 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.
120. General Requirements —Sections of Division I of
the Specifications.
121. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6n)3) as amended
from time to time.
1 22.a. La+vs and Regulations; Laws or Regtdationss -Any
and all applicable laws, rules, regulations, ordinances.
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
l 22.b. Legal flolictms--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, hfilestone--A incipal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice of Award 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,
OIVNM will sign and deliver the Agreement.
L26. Notice. to Proceed —A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fuming the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under die
Contract Documents.
1.27. OIPNER—The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided
128. Partial Utilization —Use by OWNER of a
substantially completed part of the Work, for the purpose,
for which it. is intended (or a related purpose) prior to
Substantial Completion of all the Work_
L29. PCBs -Polychlorinated biphenyls.
1.30. Petrotetun--Petroleum, including crude oil or any
friction 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-I-Iarardous Wastes and crude
oils.
1.3E 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.
1.32.a. Radiouclive XIalerial—Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ C1TY OF FORT Cot.L1 Ns mow [CATIONS (REV 4P000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Rezrdar Working Hours-Rettular working hours
are defined as 7:00am to 6:00pnt 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
135. Shop Draxdngs--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. Spec cations --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.
1.35. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENG]INEER'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 1.4.13. The
terms "substantially complete' and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the
Contract. Documents which amends 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. Unclergrotord Facilities —All pipelines, conduits,
ducts, cables, wires, manholes; vaults, tanks, tunnels or
other such facilities orattachments, 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.. thrit Mee {York —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 Urrective—A written directive to
CONTRACTOR, issued on or alter the Effective Date of
the Agreement and signed by OWNER and recommended.
by ENGINEE& 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 paragraphfi23. 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 panics as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Witten Antenzibw tt—A «Tittcn 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—PRELLbIINARY MATTERS
DeGvery ofBont
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 Document
2.2 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasontlbly
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 tun on the
thirtieth day after the Effective Date of the Agreement, or,
EXDC GENERAL CONDITIOM 1910-8 (1990 Editiar)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4r000)
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
of-Bid-opening•or-the-thirtieth-day-after-the.6tY dive -fate
of-the-Agre,an ent-whlcheYer-date-is-earlier:
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to tun.
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 ENGNFF..R. 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 shalf not. be liable to
OWNER or ENGNEF,R for failure to report any conflict;
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
16. Within ten days after doe Effective Date of the
Agreement (unless otherwise specified in the General
Rcquiremcnts), 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;
? 6.2.1. In no ease 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 GWNER shall eeeh deliver to the
etllef OIWi ER with copies to
iciAntified ; the c,,..'.a.....entar-y C'e;da:.R n II'NGfNFEf�
certificates of insurance (and other evidence of insurance
Feasenebly- roquest , reuuested by OWNER) which
CONTRACTOR and QAENER Fespeofively af is required
to purchase and maintain in accordance with
paragraphs 5.47F6-and 43.
Preconstruetion Conference:
2.8. Within twenty days after the Contract Times start.to
run, but before any Work, at the site is started, a conference
attended by CONTRACTOR. ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initia v Acceptable Schedules-
2:9.. unless otherwise provided in the Contract
Documents
-'� ^aew before any work at the site be
a conference attended by CONTRACTOR, ENGINEER
and others as appropriate desi fats ted 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 i - General Reqgiremenm,
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 will 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. CONTR4CTOR'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
CONTRICTORs schedule of values will be acceptable to
ENGI`i LEER as to form and substance.
ARTICLE 3--COiNTRACl' DOCUMENTS: INTENT,
AINtEtNDING, 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 UENEM CONDMONS 1910-8 (1990 Ec itim)
w1 CITY OF FORT COLLINS btODllICA,r1ONS (RL'V 412000)
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 Resohing
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, in or cods or of any
instruction of any Supplier referred to in paragraph 6.5.
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) 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
CCNTFUNCTOR 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 indiaited 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
Doctuments and:
3.3.3.1. the provisions of any such standard.
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an 'interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shill it be effective to assign to OWNER.
ENGINEER or any of F.NGiNF,ER'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 ofEi IGINGER 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
ENGINUER 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.
Anrenr6ng and Supplementing Contract Documents.
15.. 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 CONDIT101,519I0-3 (I M Edition)
iv/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
3.5.3. a Work Chtutge Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorimd, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. EI1GINEER'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 ENGINEM
ARTICLE 4-AVAILABILITY OF LANDS;
SUBSURFACE AND PHY5ICA1:, CONDITIONS;
REFERENCE POINTS
: vailabiGryofLands:
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 Upon -reasonable written•request
statement: o€teeord-legal-titla-end-legs I-description-of=the
Itrrtds-upon-whit;h-the-Work-is-to-be-performed-and
OVIrNER'y-interest-thereirt-as-necessary-forgivirt�; rtpticx
o� or-fFluFL—a—macharut>'S—hdlT—ago tnSl—b1rG11—IandS—m
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 c6sting
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.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. 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
4.2.1.1. Plr)sical Cori&tions: 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 COAIMCTOR 4whorized-
Tedmical 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.tbr 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:
4.22.1. 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 safely precautions and
programs incident thereto, or
4.2.22. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.22.3. any CONTRACTOR interpretatim of
or conclusion drawn from any "technical data" or
any such dai<a, interpretations; opinions or
irdornation.
4.2.3. Notice of D erit Subsurface or Physical
Conditiwts. 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 daLt" on which CONTRACTOR is
entitled to rely as provided in paragraphs 42.1 and
4.22 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
EJCVC GENERAL CONDMONS I910S (1990 Edition)
col CITY OF FORT COLLINS MODIFICATIONS (.REV 4P000)
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, _ promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) unfit 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 hjNGfNEER's
findings and conclusions.
4.2.5. Possible Contract Dactunents 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 J'imes 4,fustmenLT: An
equitable adjustment in the Contract price or in the
Contract Times, or both, wilt be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's ccot
of, or time required for performance of; the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4:2.3.4, inclusive;
4.2.6?. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4:2.61 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 9.1 U and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Conin+ct 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
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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. CONI'RA(,-I'OR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONIRACTOR 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 I and I) However, OWNER, ENGIiNIEER 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 project or anticipated project
4.3. Pl±vsieal Conditions -Underground Facilities:
4.3.1. Shown orindicated: 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
4.3.11 The cast 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 Shown or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents. CbN'fRACTOR shall. promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
lxrforming any Work in connection therewith (except
in an emergency as required by .paragraph 6.23),
identify the owner of such Underground Facility and
EXI)C GENERAL CONDITIONS 19105 (1990 Edition)
wl CITY OF FORT COLLINS h1ODIF1CA BONS (REV 4f_000)
give written notice to that owner and to OWNER and
TN-R. 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 6.211.
CONTRACTOR shell may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the octent 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 cxlxcted to be aware of or
to have anticipated. IfOWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CON"I'RACTOR may make a claim
therefor as provided in Articles I 1 and 12. However,
OWNER, ENGiNEFR and ENGINEF.R's
Consultants shall not be liable to CONTRACTOR for
any claims, casts, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or 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 professiomdly qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Ua,zardous Chaste or
Radioadive Material: o
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.
d-5?-C-OWR-r\6TORshall-intmedintely.-(i)•step-all
O�h ancl-iltareeArr�;enfirnr
suoh-notice-irt-writing)—OtFR-shall-promptly.
consult-with-Ei�iGT�iEER-c�tncerrtir>t;-the-neei�sitp-Coe
04R-to-ratain-a-<tua li Tied-expaR-to•avaluata-such
ha
GON-'PR AGFOI2 shalt•not-bn required -to resume-1ltorlE
anwrequired-perrn its-related-thereto-and-detiveie&to
r*g
thai and -any $tle6Eer1 .......: . 1..... heP;
rendered
safi� for the re5umpter—, t ar
nd. m=zz...
may, bo--esumed- safely. tr nrs-�r.WE T-and
CO- N-'FRAGt'OR-eannot-agree-as-t-- entidement,te -eF
�1or1«app,=ga ar--ash-special-conditions-under which
Work is ffi
either p" may therefor As provided
Articles 11 and lz
60ArFR\6FOR-does-not-agree-to-resume-:ach-wtxk
aimsdous
eettdition-eFitt-such-a€€eeted-area-to-�,�'^`e�f�am
the �5 eFk1 if QMP-s;WR d- r4nrrru AGTOR
rt'ar,YT 'S+�T�-ar1[Tc'�Sx�Y Tcrc'r+\--oamriii
agree-a%Ao-entitlement-to-or-the-amount-or-etient-ofnn
et—T--.inc�
either-party-may-make-a-cl"n-therefor-as-provided-in
4EtieiCs-f 1-d--��—v11 z -a`1r M'D sueh deleted
portion-o -the-W4)rk-perforitted-Uy-OWNER's-own
€oices or-others-in-nccordartce-with-flrticle-7-
Rep lations-OVIN R-shaII-indemni€y-and-hold
harmless—C-ON-TRAE�TOR,-Subcaitractorsc
officers—directors,—employees� agants=other
consultants-and-subwntmstars-o€-each-and-any-of
own-neghgertee:
4.5.5. The .. C 4 A 1 -! 12 Ar
"at intended to
Waste
revealed at the SRe-
EJCDC.GENERAL COmnoNs 1910-8 (1990 Ediliaa)
wf C1TY OF FORT COLLIM MODIFICATIONS (REV 4,1000)
ARTICLE 5--BONDS A1N'D LNSURANCE
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 CONTRACTOWs obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
arc required by the Supplementary Conditions, All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Law:.- 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 famished 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 ii 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 Insurer. ; C.'ertifrcaies 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.
5:3.2. 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. QVA,113R--shall
additionahinsured-identified-in-the-Supplementary
nce witli
paragraphs 5-6 and 5.7- hereef
CONTRACTOR'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 furnish
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
CONT RAcTOR's employees;
5A.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5:4:4-claims-for-dnmage_s-insured-by-customary
rage -
a a,,. , m.a. r
indirectty-relate�-tat ^
cxh�reasen;
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. clauns for damages b;crause 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 imwranoe required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.4,
include as additional insureds (subject to any
customary exclusion in respect, of professional
liability), OWNER ENGINEER; ENGI-NEER'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;
5.4.3. 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 isgreater,
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wt CITY OF FORT COLLIM MODIFICATIONS (REV 4r000)
5.4.10. include contmaual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5A.11. contain n provision or endorsement'that the
coverage afforded will not be cancelled, materially
changed or renewal refused witil 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 famished 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 timesthereafter when CONTRACTOR may
be correcting, removing or replacing ckfective 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 tither 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).
Oi NER'sLiabilityInsurance:
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
OWNI ER's expense OWNER's overt liability insurance as
will protect OWNER against claims which may arise from
operations under -the Contract Documents.
Propert}, Insurance:
S:Ca--IJn lass-otheawisa-prov idetf-in-the-Supplementary
Eonditions,-4W'ti'TR sblatl-purGhasc�--and-maintatfl
of-tha-full-replasalitent-cost-ihereo�(subject to -stash
clecttactible--amoun[s-as-mey-tx-provieiacl-in-tfw
SuppkmentaF•v-�ortditiemy-or-rcx{uiratf-by-haws-and
Ragulations).-This•irtsttr<a nca•sha ll:
&6:1—iraelutle—the—interests—of—OW:�FfiR;
i NQ
JratatteS-aclantlf itxl-Ln-t}ll!-.SklpplCmenlHFy-COnditlkMS;
each•of-whtxn-is-deemed•to-have•an-insurable-interest
taracbslttlll-ba-listed as-an-insureti-oFetkbitiona}-insured;
3:6�-6e-wFtktrn-on-a-Bntidc�9-l2usk=B11-Ftsl�oF
open per-il ,
.e following pet lTftre, lightning —extended
9
eovzraga-chali-vnndalisnt-anti-ntakicious-tifischiat;
eAfthquake, collapse, debris removal, demalitiDn
5:63--include-expen:r-im,urred-in-the-rgydir-or
replacement of any-insured-property-(ificluding-but-not
areltitnetsr
-...
or ahatother-loeation-thtihwas.agreed-to-in-wnting-hy
provided that be n
inaluded in anymerx wemmended
by ENGDMER�ffix]
5:6:S-brrmaintained-itrelieet--until- anal-paymen"
trade -a
tlttrw-day,e-written-notice-to-eaoh-other-addnional
IaMHad-
o_s-may-be-required-by-the-Supplementary-t onditk)m-or
•Ontina4
iplefflOntffly
is deer;alto have -an insurable-utterea-artd� R-be-hsted-as
5.8. Ali ate Peheies (and the eenifleateg
ethafeiqui•e t to be purohmed And
maintained-by-4Vk�'TI�in-accordatne-with-paragraphs-S:G
coverage -afforded -will -not -be -cancelled -or -materially
chaff dad-uFrartawal•ra€ttsad-urttil-at least-thirEy-days'-prior
written--notice-has--been-given-to-OIRNER--and
whom-n-certifiente-of-itY-uranea-has-been-i .sued -and -will
contain —waiver -provisions —in —accordance —with
paeagsapk z'Fl-
5.9. OWNER shall not be responsible for purchasing
andmaintaining any, property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
identt6ed-in-Use-SupQ en mtaty-Gondition T-he-risk-of
less wit tsueh-
such-loss-•and-if-arV-oF- h m-wishes-property-inwranca
coverag�-taitEn=the-limits-of-such-amounts,-each-miy
purchase-and-maintain-ii-at-the-purehnset's owrt-erpertsa.
5-l0-1f-60N=f-R-4GFOR-reyursts-irt writittg thaE-ether
Special insuraiwe-h—
-• -
raw........ n.,ta. +tr.:tt....-Amendment. lyric ---to
EJCDC GENERAL CONDMONS 191" (1990 Edition)
10 w/ CITY OF FORT COLLI NS MODa1CATIONS (REV 4,2000)
contmaneatitanho�il>a-1Nork ahtha-silo-0W�1F�sha{l-in
VffiFhtg R6i` d _ FIb40F9R-
5.11. __W eiveFef4Zk*tS
-5-1-1-1-OV44El-and-60r�TRAC-TOR-intend-that-all
policies-purchnsad-in•accordance-with-paragmphs i:6
Subcontractors —ENGINEER, EG1YBERs
insureds-or-additional-itKureds-in-such-policies-and
will pFevide primary eevemge for. All 1A.-Ses And
damages eaused by the perils rev red-thereby—,41
sueh-pelie.w.+ W
in the event of pa5"ent ef aRy less or-
e th
iilSkrrB . -
tha-tnsureds-er-ttciditienel-}r�airds--Ehcraundar:
OWNER and GONTRA,14OR waiy��
a6h Oti,._ Rd th0if _. pOetive-etp,Ce,--s-
diwtor-,ant e.vees-Hnd-agents-for..,It.__..., _ ow,e^^^^ and
any-oF rtls_anvorAd l�y'r, Mush -policies -and nni,
other1-he WaFk�,a4
4=11—lyflov. against
,
sub0otlrffleFnr�h�3Erl ��ISIi, 15�6i......o-Z1,,
EornultanLS-and-all-other-pem. , ns-or-entities-identtEed
le.ws ando :. ,.`i^-e of the above
wnivefq .; -11 extend to the rights AY
snaking such -waiver tray have to -die proceeds of
tep or
payable•uttder-any-policy-so•issuad- . .
5,11.2. 111 ffddkiDPq OWNER it .,:t.t
against GON-TP.AC--TOR Subeontmeters,
ENGDJEER, LaIT.d7DiERR9 -
ofLcers directors -employees -and -agents -of -any -of
them -€bra
of-use-or--other-consequentia I -loss -extend ittg
beyond-direct-physical-loss-uF-.iamage-to
arising -out -of or-resulting-from-fire•or-other peril;
whether=or-not-insurad•b),GW 1ER:�-and
3-1-1.' �. loss-or-damage-to-the-eompleta�
resuldfi.-from-fite-or-other-irts-ure(,I-peril-covered
by env lsepeR3`-insumnea-tttainEeirtac{ on the
dur4t—pnrtial—uti limit tkm—pursuant—to
paregaph-t4-1 U-a€ter-Substantial-Gdmpletit)d
pursumt-to•pamgtttph-1.4 9-orutler-ft -payment
pursu
rred to }n dais
_.
ttt,,,e insurers
will have no rights of
recovery-against-any-af-64NTR•f1CTO�Subeontrastors:
Receipt andApplicution 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 -ER and made payable to OWNER as fiduciary for the
insureds, as then 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 iepaired 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 env lass 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 he 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 m4 party
ai
Acceptance of Bonds and Inatrarce; Option to Replace:
5.14. If
OWNF has any objection to the coverage afforded by or
other provisions of the, Bonds-oF insurance required to be
purchased .and maintained by the etheF--party
CONTRACTOR in accordance with Article 5 on the basis
of nonconformance with the Contract Documents, the
objecting-party-shall-se-ru>tif -the-other-party OWNER will
notify tent fifteen
CONTRACTOR ut writing within days
after receipt deliv of the certificates (or-otheF-e%4dence
requested) to OWNER as required by paragraph 2.7.
other-such-additional-infomintion-in-respect-of-insurance
provided-tts-this-other-may-Feasonablrrequest—lf-eitheF
party-sloes-not-purchasz-or-maintain-ail-of-the-Bmds-arxl
tnsttranou-required-uf-sucft-party--tar-the-EontrRGt
writit>e-of such -failure -to -purchase -prier -to -the -star of -the
to tttaattaWi0in
the required eovrrage> 1tiEheut prrjudiee te-an" 11411 Fight
or-remedy-the-otha parry -may -elect -to -obtain -equivalent
Bonds-or-utsuranex-to-protect-such•other-party!s-irNeFesKs•at
tha-expans&of-tho-paFy-who-was-required-to-provide-such
6ontract-Price•aceordttrely-
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 COMMONS 1910.3 (1990 Editim)
w/ a-ry OF GORT COLLI M MODI FI CAMNs (RL- V 4r 000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10,
pprovided 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
Supenision 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 he solely responsible for the means
methods, techniques, sequences and procedures of
construction, but CONTRAC OR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique. sequence or
procedure ofconstruction 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
CONTRACTOWs 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 he
performed on Saturday. Sunday, Holidays or outside the
Regular Working Hours.
6A. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials. equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water.
sanitary facilities, tempomry facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.4A. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
6.4.2, Cement Restrictions: Citv of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. if required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance kith
instructionk of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress &-hedule:
6.6. C,ONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall subunit to ENG rUEER
for acceptance (to the extent indicated in
paragraph 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect quid additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. ,Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and "Or Equal " !tents:
6.7.1. Whenever an item of material or equipment is
specified,ur described in the Contract Documents by
using the name of a proprietary item or the name of a
particular, Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
EXI)CGENERALCONI)MONS [9t0.4I (1990Edition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4(Z000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. Vr-Equal": If in ENGINEEWs sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently y similar so that
no change in related Work will be required, it may
be considered by ENGINFF.,R as an "or -equal"
item, in which case review and approval of the
proposed item may, in FNGfNF..ER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1.2. Substinrte Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under :subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
C6NTR.4cTOR shall submit sufficient
information- as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to'
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as FNGINEFR may'
decide is appropriate under the circumstances:
Requests for review of proposed substitute items
of material or equipment will not be accepted by
FNGTNF.,ER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEE-R for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
4nme use as that specified The application will
state the extent, if any, to which the evaluation
and acceptance of the propused substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Mork is
subject to payment of any license fee or royalty.
MI variations of the proposed substitute from that
specified will be identified in thee application and
available maintenance, repair and replacement
service- will be indicated. , The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the .resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONM4C'TOR'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 Conshuction tle8rals or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents CONTRACTOR may famish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENG[NEER.
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 Evaluation: ENGT1NEFR will he
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7,1.2 and 6.7.2. 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 Ihawing. OWNER may require
CONTRACTOR to famish 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
accept%a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
O\VNER for the charges of ENGUMIZ and
ENGTNEER's Consultants for evaluating each such
proposed substitute item.
6_9. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.5.2), whethix
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 19105 (1990 Edition)
%V/aTY OF FORT COLLINS MODIFICATIONS (REV 4P000)
6.9.
CONTRACTOR shall perfonu 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. It-the-Supplementary-Genditiom 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-advance-of-the-Teoitted
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER, —and -if
GONTRAC-TOR has submitted a list thereof in
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) of
atiy strsh-Sulxontrastor Supplier-e-etheF persotior
",eked an the
basi.
tieeep
such -substitution -and -an -appropriate -Change -Order
will be issued eF Written Amendment signed, will
constitute a condition of the Contract re airing the
use of the named subcontractors, suppliers or .other
persons or organization on the Work unless prior
written approval is obtained from OWNER and
ENGINE-FR. 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 furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplies 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
furnish to any subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment".
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. CONI'RAC'TOR 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 perforated 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 end
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever any-Aieh-a"niertt
additional
7FOpttifitlFf2Het, pft3Vfl2f-Ifl
pamgraphs5.6 er$7, the agreement between the
C-01,�TR-r\GTnR-arid=the Subcontractor-or-Suppliehwill
a�mll other
arisin�oe{ at or resulting tfottt eery of the perilstevrrecl b}=
the-Work.—if-the-insurers-on-anv-such-polioies-require
separate weiver-fern r er
-Supplier� 99N-1
Patent Fees and Rorvelfies:
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 amlline 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
01VINEF 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 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.
EXI)C GENERAL CONDIITONS 1910-8(1990 Editiar)
14 w/ CITY OF FORT COLLINS MODIFICATIONS (12L•"V 471000)
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. LawsandReguladons:
6.14. L CONTRACTOR shall give all notices and
comply with all Laws and Regulations, applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
COMi'RACTOR'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, CONTRACTORR shall bear
all claims, costs, losses and damages canted by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with taws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3 2.
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 sates. and use taxes on materials to be
permanently incorporated into the vroject: Said taxes
shall not -be included in the Contract Price.
CONTRACTOR must apply for. and receive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be ph sy icall incorpprated into the tyro This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid. Sales and Use Taxes on those building and
construction materials physically incorporated into
the proiect.
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.
:AII applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically inc:oMrated 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 135• 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 as,%urne 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
octent permitted by i.aws and Regulations, indemnify and
hold harmless OWNER, ENGINEER LNG NEERs
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNED ENGINEER or any other patty
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 E(fition)
wf C1TY OF FORT COLLINS MODIFICATIONS (REV 4r000)
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 jurisdiakm for
safety of persons or property or to protect them from
damage, injury or loss; and shall eruct 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 emploved by arty of
them or anyone far 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
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (exmpt as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Represenmrive.
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.
Fanergencies-
6 21 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
authorimtion from OWNER or ENGTNF..ER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENI GINEER 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 require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawing
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 numlxrs and thc.use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim'i
w/ (,71Y OF FORT COLLI Ivy MODII7CA-1lONS (RL"V 4f? 006)
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 perwining to the
performance of the Work, and
6.25.1.3_ all information relative to
CONTRACTOR's sole responsibilities in respect
of means methods, technique.% 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 CONTRACfOWs 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, conform to the information
Oven 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
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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.
6.2T ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation frond 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 of Sample approval; nor will any approval by
ENGHNEER relieve CONTRACTOR from responsibility
for complying with the requirements 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
suhmittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuingthe 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 155 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONMICTOR'v Ceneral Warranty and
(7uarantee:
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 detects 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 Mowing
will constitute an acceptance of Work that is not in
EXI)C GENERAL Comm om 19 io-s I t 99Q E(itivtf)
w10 Y OF FORT COLLINS MODIFICATIONS (REV 4r!0001
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 LNGMER;
6.30 2.3. the issuance of a certificate of
Substantial Completion or any pavmLmt 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;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.S.. any correction of defective Work by
OWNER
Indenuriffcation:
6.31. 'ro the fullest extent permitted by. Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER ENGINEER ENGNEERZs
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 UVork 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.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
mn,ivor or personal representative of such employee) of
CONTRACTOR any Subcontractor, any Supplier, any
person or organisation directly or indirectly employed by
17
any of them to perform or Punish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph6.31 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
arts; 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 ENGINaR's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or om issions of any of than.
Survival ojObhgations:
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.
ARTTCLE 7-OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work-, 'related, to the
Project at the site by OWNER!, own forces, or let other
direct contract- 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
price to starting any such other work and
(u) CONTRACTOR may make a claun therefor as
provided in Articles 1 l 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,
T2. CONTRACTOR shall altord each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if O `NE-R is performing the
additional work with O NEIR's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work, that
may be required to make its several parts come together
properly and 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 paratvaph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
18 EJCDC GENERAL COMMONS 191" (1990 Editian)
wf CITY OF FORT COLLINS MODa1CATIONs (REV 4l7006)
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 C0NTR4CTOR's Work
except for latent or nonapparent defectsand deficiencies
in such other work.
CoortGnation:
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 variouti prime contractors will be
identified;
T4.2. the specific matu:rs to be covered by such
authority and responsibility will be itemized; and
7,43. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination,
ARTICLE 8--OWNER'S RESPOi'NSEBILMES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER
V. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom-G013-TRAC—TOR—makes-no•-reasonable-objectiexr
whose status under the Contract Documents shall be that
of the former ENGlti tEER
9.3. OWNER shall furnish the data required of
OWNI ER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as prov ided in paragraphs 14.4 and 14.13. ,
8.4. O NI ER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference pointsare set forth in paragraphs 4.1
and 4.4. Paragraph 4.2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
ttY—irtstirattet+ aru snE
forth•iR.peragraphs 5-4through-5-i9-
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. ORN1 Rs responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OkVNER's right to stop Work or
suspend Work, sce paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CON't'RAGI'OR under certain circumstances.
s.9. The .OWNER shall not supervise, direct or have
control or authority over, nor be responsible for.
CONTRACCOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CON,rRAC'i'OR to comply with haws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not Inc responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the ContractDoctmaents.
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Supplementary-Gonditions-
ARTICLE 9-FNG1NF.ER'S STATUS DiiRiNG
CONSTRUCTION
OINVER's Representative:
9.L ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of . authority of
ENGINEER as ORNERs representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Phily 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
Ejux GENEF AL con Dtmom 191os o9go Edittai)
cotCtTY OF FORT crouaNs NIODLHCATtoNs (ttEv.trzoo0)
that has been made and the quality of the variousaspects
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 1Vork is proceeding in
accordance with the Contract Document_-. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. L-NGIN E.ER's efforts %till be directed toward
providing for OWNER a grater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGiNEER2'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, btit without
limitation during or as a result of ENGINEER!; on -site
visits or observations of CONI'R4CI'OR's Work.
ENGINEER will not supervise, direct. control or have
authority over or be responsible for CONI'RtACTOR'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 perfomaancc 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 aFid in the S ippie . enter. '
Conditions of these General Conditions. If OWNER
desifmates another representative or agent to represent
OWNER at the site who is not ENGfiVEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in Genditie I t MP.1h 9.3
of these General Conditions if the FNGNEFR fumiches
a Resident Pro'ecy t Representative (RPR ar other
assistant- or iE the OWNER_ck iartates a R-presenLltivr.
or agent all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragmaph 9.13 of the
General Conditions and shall be subiect to the following:
9 3 1 The Representative's dealings in matters
pertaining to the on -site work will in general, be with
the ENGII TEF.R and CONTRACTOR But the
Representative will keep the OWNER pr earl
advised about such matters. The Representatives
dealing with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR
9 3 ? Duties and Responsibilities. Representative
will:
9.3.2 l.Schedules Review the progress
19.
schedule and other schedules prepared by the
CONTRACTOR -and consultwith the
ENGMEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the 'CONTRACTOR such as
preconstruction conferencxstprogress meetings
and other iob conferences alai prepare and
circulate copies of minutes of meegg s.
9.3.2.3. Liaison
93.2.3.1. 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 obtainine from OWNER
additional details or infomiation, when
requiretl for proper execution of the Work.
93 <.3.3. Advise the ENGIN`EFR and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawirtg or
s<Implc submission if die submission has not
hcen 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.
9.3:2.43. Accompany visiting_ inspectors
representing public or other agencies having
jurisdiction over the Project. record the results
of these inspections and report to the
ENGINEER.
9.32.5. tnterpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of.the Contract
Documents are needed and trarumit to
CONTRACTOR clarification aryl intcMtation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions far
EJCDC GENERAL CONDITIONS I M-S (1990 Ec iticii )
`�� w/ CITY OFFORTCOLLIMNIODWICATIONS(RrV,IP_OOO)
modification in Drawings or Specifications and
report these recommemlations to ENGINEER.
Accurateh• transmit to CONTRACTOR
decisions issued by the ENGLNEER
9.3.2.7. Records.
9.3.2.8. RepcM&
9.3.2.8,1. Fumish ENGINEER periodic
reports as required, of the orogress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
,w m ttal
9.32.8:2. Consult with ENGINEER in
advance of scheduling major tests_
inspections or start of importvtt phases of the
Work.
9.3 2.8.3. Draft proposed Change Orders
and Work Directive Chan, 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
ENGIIVEER and OWNER the occurrenoe of
any accident.
9.3.2.9. Payment Requests. Review applications
for Myment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
thetyment requested to the schedule of values
work completed and materials and cyuitmnent
delivered at the site but not 'incorporated in the
Work.
9.3.2.10. Completion.
9.3.110.1. Before r•'NGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
re uirim, correction or completion
9.3.2.10.2. Conduct final inspection in the
companv of the ENGINEF..R 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 accot any substitute
materials or eyuipment, unless authorized by the
ENGINEER.
9.3.33. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3.3.3. Undertake any of the responsihilities
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 cornstniction unless such is
M)ecifically called for in the Contract Documents.
9.3.35. Advise on or issue directions
reizardi ng or assume control over safety
precautions and programs 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 soccifically authorized by the
ENGINEER
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDCGENERA!.CONDITIONS1910, (IMEdition)
wt.C17Y OF FORT COLD NIS MODn7CA-11ONS (REV 4r000)
requirements of the Contract Documents (in the form of
Drawing 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 I t or Article 12.
.authorized Variations in Mork:
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 he accomplished by a Field Order
and will be binding on OWNER and also on
CON'1'RAC'rOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes. that a
Field Orderjustities an adjustment in the Contract Price or
the Contract'fimes and the parties arc unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I 1 or 12.
Rejecting Defective {York:
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 Drawing. Change Orders and Payments:
9.7. In connection. with ENGNEERs authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGNEERs authority as to
Change Orders. see Articles 10. 11, and 12.
9.9. In connection with ENGINTEER's authority as to
Applications for Payment, seeArticle 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
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 OWN1 R 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 E-NG1NFER'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 an Mputec-
U L 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 interprew ion 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 ENGfNhER and the Other party within
suety days after the start of such occurrence or event unless
ENGINEER allows an Additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days alter receipt of the claimant's last
submittal (unless ENGINTUR allows additional time).
LNGNEER will render a formal decision in writing within,
thirty days altar receipt of the opposing pany's submittal, if
any, in accordance with this paragraph. ENGNEER's
written decision on such claim,, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENG INEER'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 ENGNEERs
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
EJCDC GLNERAL CONDITIONS 1910-8 (1990 Editim)
22 w! CITY OF FORT COLLI NS MODIFICATIONS (REV 4Q006)
decision. unless otherwise agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
paragraphs9.10 and 9.1.1. ENGINEER will not show
partislity [O,O11rNER 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) will be a 'condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise Have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matterpursaari"&AFtir.1*46.
9.13. Limitations on GVGINEER's Authwity and
Regromdlrilitiev.
9,13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision ofthe C.ontract.Documentsnor any decision
made by ENGINEER in good faith cithcrto exercise
or not exercise such authority or responsibility or the
undeftaking exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, arty Subcontractor, any Sul-4ilier,
any other person or organization or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, metho .% 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. ENGINIE-R will not be
responsible for CONTRACTOR's failure to perform
or ti m sh 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. ENGNEER's review of the final Application
for Payment. and accompanying documentation and
all maintenance and operating instructions,. schedules.
guarantees, Bonds aria certificates of inspection, tests
and approvals and other documentation required to be
delivered by l aragraph 14.12 will only be to
determine generally that their content complies with
the requirements of and in the case of certificates of
mspectloru, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9,13.5. The limitations upon authority and
responsibility set forth in this paragraph 9,13 shall also
apply to ENGI NEER's Consultants, Resident Project
Representative and assistants.
ARTicu 10—CHAiNGES 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 is provided in Article I 1 or
Article I1
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 ctejective 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 weed to by the parties; and
10.43. 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
EJCDCGENERAL CONDITIONS 1910-13 (1990 E(itigO
w/ CITY OF FORT COLLINS MODIFTCA-riONS (REV 4R000)
(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.
M'FICLE: I I —CHANGE: OF CONTRACT PRICE
I i.l. 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 CONTRAM'OR shall beat CONTRACTOR',.; 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 clays) 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 paragaph 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 fullows:
113.1. 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);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance. with
paragraph 11.6.2):
11.3.3. where the.Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11Aand 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of rlre Work:
11.4, 'The term Cost of the Work means the stun of all
costs.necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing. in the
locality of the 1?roject, shall include only the following
items and shall not include any of the costs'itcmized in
paragraph 11.5:
11A.I.Pqyroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employcs shall include without limitation
superintendents, foremen and other . personnel
employed full-time at the site. Payroll costs for
employees not employed full -titre on the Work shall
be apportioned on the basis of their time spent on the
Yoric payroll costs shall iraslud,-but•not be limited to;
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and -retirement benefits; bonuses;
Andholi-44A, pay applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs, of
transportation and storage thereof, and Suppliers', field
services required in connection therewith All cash
discounts shall . accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sate of
surplus materials and equipment shall acme to
OWNER and CONTRACTOR shall make provisions
so that they may be obtained..
11.4.3, payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
EJCDCGENERALCONUI'1 oNsoio4(i99oEditim)
24 w/ CITY OF FORT COLLI Ivy MODIFICATIONS (RLV 4(1000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then.determine, with the advice of
ENGINEER. which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 11.4, 11:5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to enginedrs, architects, testin
laboratories, surveyors, attorneys and accountants
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11 A.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONfRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cast, including transportation and
maintera<ance, of all materials, supplies,
equipment, machinery, appliances, ounce and
temporary facilities at the site and hand tools not
owned by the workers, which arc consumed in the
performance of the Work, and cost Jess market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11 A,53. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loadini; unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or, parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is Gable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of than may. be liable, and royalty payments and
fees for permits and licenses.
11.4.5,6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by Ol«tER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CON -CRAG -OR, 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. IE 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 cast of utilities; furl and sanitary
facilities at the site.
1.1.4.5.5. 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, attornevs, 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 I1,4,4—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.
11:5.3. 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).
EXI)C GENERAL CONDITIONS 1910-3 (1990 El itim)
ce! CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
11.55. 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 ckfectnx 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.
I L& 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 ofthe Work.
11_6.2.1. for casts incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRAM'OR's fee shall be fifteen percent;
11.6.2.1 for casts incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent;
II'6.2.3. where one or more tiers of
subcontracts arc 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 E6.2 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 tinder paragraphs
11.4.1 and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid afee-of-fiva percent-o�thertintot)iU-pail-to
the -next -lower -tier Subcontractor; to be ne og iiated
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 1 l .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 11.62.5, inclusive.
11.7. Whenever the cast of any Wort: is to be
25
determined pursuant to paragraphs 11.4 and 11.5.
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to LNGI\i rEER an
itemized cost breakdown together with supporting data.
Cash .411axances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cruse the Work so covered
to be furnished 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 at the 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, -inappropriate 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 Work.-
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to 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 arc•
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 a
accordance with paragaph9.10.
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.
H.93:OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article I 1 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;
EJCDC GENERAL CONDITIONS 19 t 0-9 (1990 Edition)
26 w/CITYOFFOR'rCOLLINS NIODIFICA'rIONSaREV4P000)
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
anv remaining item so lone as thedeletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE" 12--CHANGE OFcoN'rwt,C"f 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 si\V 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 N-lilestones) shall be determined by
ENGINEER in accordance with pamgmph 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 l'_.l. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or ne0ect of utility owners or
other contractors performing other work as contemplated
by Article 7, foes. floods. epidemics. abnormal weather
conditions or acts of God. Delays attributable to and
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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 Mlestones) 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 heyond the control of both parties including, but
not limited to, firm floods, epidemics; abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE: 13—TFSTS AND INSPECTIONS;
CORRECTION, REMOVA[, OR ACCElr1'ANCE OF
DEfECTIhT 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 I{'ork:
13.2. OWNER, ENGINEER, I"NGINEERs Consultants.
other representatives and personnel of OWNER,
independent tasting laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable —tittles for thew observation, inspecting and
testing. CONTRAC,fOR 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:
13A.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspection, conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910 et (1990 Editim)
wf CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
135. 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. CONTRAGI'OR
shall assume Cull responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and funnish FNGI'NFFR 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 OWNERS
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 FNGINFER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given FNGINF..ER timely notice of
CONTRr\CTOR's . intention to cover the same and
FNGINFFR has not acted with reasonable promptness in
response: to such notice.
Uncovering (York:
13.8. If am, Work is covered contrary to the written
request of ENGMER, it must, if requested by
ENGINEER, be uncovered for ENGNEER's observation
and replaced at CONTRACTOR's expense.
13.9: If FNi GINFF.,R considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR at
ENGNEER'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 Libor, material and
equipment. If it is found that such Work is defective,
CONTRAGTOR 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
thereoc may make a ,claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRAGI.OR: shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,.
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof.
CONTRACTOR may make a claim therefor as provided in
Articles I I and 12,
01VNER clay Stop the ff''o&
13.10. if the Work is defecfive, or CONTRACTOR fails.
to supply sufficient skilled workers or suitable materials or
equipment; or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CON,rRAC'TOR 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 of Defective Mork:
13.11. if required by ENGINEER, CONTRACMR. shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGI NEM remove it from the
site and replace it with Work that is not defective.
CONfRACI'OR shall pay all claims, costs, lasses and
damages Mused by or resulting from such correction or
removal (including but not limited to all casts of repair or
replacement of work of others).
13.12. Correction Period.
13.12.1. If within one yea two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision.of
the Contract Documents, ariv Work is found to be
defective, CONTRACTOR shall promptly, without cast
to OWNER- and in accordance with OWNERS written
instructions: (i) correct such ckfeefive 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
�S EXI)C GENER.�IL CONDMoNs 1910 S (1990 Edition)
WICITY OF FORT COLLINS MODIFICATIONS (RLV 42000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ene-yeaF
two year after such correction or removal and
replacement has been satisfactorily completed.
Acceptance ofDefecfive'Work:
13.13. IC 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, lasses and
damages attributable to OWNER'S evaluation of and
determination to accept such defectve Work (such costs to
be approved by ENGI LEER as to reasonableness;). 1 f any
such acceptance occurs prior to ENGINEERS
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the 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. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACI'OR to OWNER.
011,1+ER Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct d /ectnre
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with Paragraph 13.11. or if
CONTRACTOR fails to perform the Work. in accordance
with the Contract Documents, or if CONTRACTOR fails
to, comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
correction 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 ENGINEERS
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 Chine 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 arc unable to agree as to
the amount thereof,- OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, lasses and
damages will include but not be limited to all costs of
repair or replacement of workof 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
Milestones) because of any .delay in performance of the
Work attributable to the exercise by O\VNER of OWNERS
rights and remedies hereunder.
ARTICLE 14--PAYNW—N'TS TO CONTRACTOR rLND
CONIPLETION
Schedule of Maluer
14.1. 'ncc 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 tither arrangements to
protect OWNIR's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subiect.to substitution by the CONTRACTOR
with securities or anv arrangements involving an escrow or
custodianship. By e:cecuting the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et M.
CO,VTR4CTOR's Warrano of Title:
1.4.3. CONTRACTOR warrants and guarantees that title
to all Work, 'materials and equipment covered by any
'lpplication 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 of.4pplieations for Progress Payment.
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment, either indicate in writing a
EKVC GENERAL CON0111ONS 19103 (1990 E(fition)
w/ CITY 01: FORT COLLINS MODIRCAMNS (REEEV 4R000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGLNEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. 'fen days after presentation of the
Application for Payment to OWNER with 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. ENGINEF.Ws recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
FNGINF..FR's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINF.ER's review of the Application for Payment and
the accompanying data and schedules. that to the best of
fiNG1NFFR's knowledge, information and belief:
14.5.1. the Work has progressed to the point
indicated,
1.4.5'2. 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
ENGI,i IEER'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
i tspections 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 (it) 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 furnishing or
performance of Work, or for any failure of
CONTRACTOR to perfomt 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
29.
OWNER referred to in paragraph 14.5. ENOMMER 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 O"NrER
from loss because:
1.4.7.1. the Work is cltfective, or completed Work has
been damaged requiring correction or replacement.
14.72. 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 ORTIF,R on
account of CONI'RACI'OR.'s performance or furnishing
of the Work,
14.7.6. Liens have been tiled 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 toa set-
off against against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of anv of the events enumerated in
paragraphs 14,71 [}trough 14.73 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
Sub&andal comple4an:
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
EJCDC UENUM CONU TIONS 1910-8 U990 E(htiat)
30 w! CITY OF FORT COLLI M MODIFICATIONS (REV 4,2006)
considers the Work substantially complete; ENGINEER
will prepare'and deliver to OVVAfER 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
eonsiderino such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing;
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete; ENGINEER will within said
fourteen days execute and deliver to 'OWNER and
CON'I`RAC'I'OR a definitive certificate of Substantial
Completion (with a revised tentative fist 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 ENGINF..ER 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!- issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until.final 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 pan of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii)OWNER, ENGRiEER 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-LOWNER atany time may request
CONTRACTOR in writing to permit OWNER to use
.my such pan of the Work which OWNE R 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 certifv to OWNER and ENGINEER that such
part of the Work is substantially, complete and request
ENG rMER to issue a certificate of Substantial
Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGh LEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGR\TTM- to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNTER 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, EIi TGMEER will notify
OWNTER 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.
14.19.2. No occupancy or separate operation of part
of the Work will be aa:omplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final inspection:
14.11. Upon %inittennotice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a Faisal 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 def c&e. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final: 1pplication for PapnienC
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 5.4. certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents. CONTRACTOR
may make application for finial payment following the
procedure for progress payments. The fmal 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
eviderwe of insurance required by subparagraph 5.4.13.
(6) 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 furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which 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 19I0-5 (1990 Edition)
w/ CITY OF FORT COLLIM MODIFICATIONS (REV 4l2600)
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 Olt MIMS standard
forms bound in the Project manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENI G rMER's observation of
the Work during construction and final inspection, and
ENGINEER'-, 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
oblizations 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 ONN NER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Wort: 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 subicct to rzuragraeh 17.6 of these
General Conditions
14A4. IC through no fault of CONTRACTOR, final
completion of the Work is si&mifrcantly delayed and if
ENG INFER so confirms, OWNER shall, upon receipt of
CONITRACTOR's final Application for, Payment and
recommendation of ENGII LEER, and without terminating
the t�rcement 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 retalnage
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 ENO rMER with the
Application for such payment. Such payment shall be
made under the terns and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Clainis:
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
"I
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
TERD41NAnON
01MVER 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 CONT'RACTC)R
shall be allowed an adjustment in the Contract Prix or an
aNtension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles I 1 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if 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
tinder paragnph2.9 as adjusted from time to tame
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 anv
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 acid Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and, takepossession 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
EJCDC GENERAL CONDITIONS I910S (1990 E(itim)
32 w! CITY OF FORT COLLINS MODIFICATIONS (REV 4P_000)
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 temtirration 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.
15A. Upon seven days written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER elect to terminate the Agreement. In
such case, 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. loot expenses sustained prior to the effective
(late of termination in performing serviees 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 Alay Stop {York or Terminate:
15.5. IC through no act or fault of CONTRACTOR the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER Tails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that 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 clue CONTRACTOR including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from malting 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 eNtent that OWNER and CONTRACTOR
}nave agree 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 ExhibitGC: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 paragraphs9,10, 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 17-1IISCELL,ANEOUS
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 fine, or to an officer of
the corporation for mvhom 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. Con0tation of Time.
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to
exclude the first and include the last day of such
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. CONDMONS 1910-5 (1990 E(fiticn)
w( CITY OF FORT COLLINS MODIFICATIONS (tEy 4P--000)
17.2.1, A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of lain
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.Cuntulative 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
paragraphs6.12, 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 Contmet.Documents in connection with
each particular duty, obligation, right and remedy to which
they apply:
Professional Fees and Court Costs Included.•
17.5. Whenever reference is made to "claims, costs,
losses and damages", itshall 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 po)L to this
Aireement Reference to two pertinent Colorado statutes
are as follows'
17.6.1. Colorado Revised Statutes (CRS 5-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less than SO percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor employed
on the proiect. Colorado labor means anv person who
is a bona tide resident of the. State of Colorado at the
time of em l vmcri without discrimination as to race,
color, creed, age, religion or sex
17.62. If a claim is filed, OWNER is required by
law (CRS 35-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
Wyment of Al claims for labor, materials, tram hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
34 EJCDC GENERAL CONDI'RONS 19I OS (1990 Eatim)
u'/ C17Y OF FORT COLLI h5 MODIFICATIONS (REV 42000)
(f his Mc Icft blank intentionally.)
EXDC GENERAL. CONDITIONS 1910 3 (19" E(Btion) 35
wt CITY OF FORT COLLUZ MODIFICATIONS (REV 4R000)
3G EJCDCGENERAL CONDMONS1910-S(t99QEcitiai)
tt/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l1000)