HomeMy WebLinkAbout202421 CULTER REPAVING INC - CONTRACT - BID - 6077 HOT-IN-PLACE RECYCLING PROJECT (3)Financial Services
City Of
Collins
Purchasing Division
215 N. Mason.St. 2"' Floor
PO Box 580
'F6rt
Fort Collins, CO 80522
970.221.6775
'
7
Purchasing
970.221.6707
fcgov.com/Purchasing
SPECIFICATIONS
' AND
' CONTRACT DOCUMENTS
FOR
Hot In Place Recycling Project
' BID NO. 6077 — 2010 Renewal
F1
11
' PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
1
OWNER: CITY OF FORT COLLINS
By:(2�
R��(J�R
JAMESVECTOR
'NEILL II, CPPO, FNIGP
OF PURCHASING
AND RISK MANAGEMENT
Date: J% / -?/ /Z)
Attest: Vlu Vt,aLq
CONTRACTOR: Cutler Repaving, Inc.
By:
C1wW R Vedo9ny
Title: President
>' GOLL j
Date:
..
:4
City Clerk 1N
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Ass 'st nt City Attorney
(CORPOS,�,TE SEAL)
�? .Q g; fit' a
Address for giving notices=
fir, n e a
_ a a.
Lawrence, KS 66046-4911
LICENSE NO.
Section 00520 Page 6
'
SECTION 01410
TESTING
1.1
GENERAL
tA.
Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have
been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use
'
after approval hereof, shall not be incorporated into the work.
B.
All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish
'
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work.
C.
Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided,
'
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with
the latest standards and tentative methods of the American Society for Testing Materials (ASTM).
'
D.
Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications. Any modification of, or elaboration on,
these test procedures which may be included for specific materials under their respective sections in the
tSpecifications
shall take precedence over these procedures.
1.2
OWNER'S RESPONSIBILITIES
'
A.
Owner shall be responsible for and shall pay all costs in connection with testing for the following:
1. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
'
1.3
CONTRACTOR'S RESPONSIBILITIES
'
A.
In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following:
1. All performance and field testing specifically called for by the specifications.
'
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above.
3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer.
'
B.
Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing.
1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items
of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project.
This control shall be established for all construction except where the Contract Documents provide for specific
compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall
specifically include all testing required by the various sections of these Specifications.
B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the
Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
General Requirements - Page 8 of 13
I�
' SECTION 01410
TESTING
C. Contractor's quality control system is the means by which he assures himself that his construction complies with the
' requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should
be keyed to the proposed construction schedule.
' D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include evidence
that the required inspections or tests have been performed (including type and number of inspections or test, nature
of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Documented
' inspections and tests as required by each section of the Specifications. Provide copies to Engineer daily.
END OF SECTION
General Requirements - Page 9 of 13
' SECTION 01510
TEMPORARY UTILITIES
1.1 UTILITIES
' A. Furnish all utilities necessary for construction.
' B. Make arrangements with Owner as to the amount of water required and time when water will be needed.
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2. Unnecessary waste of water will not be tolerated.
' C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor.
' 1.2 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or
furnishing services on the Project.
B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods.
' C. Enforce the use of such sanitary facilities by all personnel at the site.
D. Obscure from public view to the greatest practical extent.
' END OF SECTION
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General Requirements - Page 10 of 13
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1
SECTION 01560
TEMPORARY CONTROLS
1.1 NOISE CONTROL
A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated
areas.
B.. Construction machinery and vehicles shall be equipped with practical sound snuffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m.
1.2 DUST CONTROL
A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing.
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant.
1. Chemical dust suppressant shall not be injurious to existing or future vegetation.
1.3 POLLUTION CONTROL
A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances
resulting from construction activities.
1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site.
2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts.
1.4 TRAFFIC CONTROL
A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of
Fort Collins "Work Area Traffic Control Handbook", and the City of Fort Collins "Design Criteria and Standards for
Streets", Part 2, General Requirements, Subsection 1.4, "Barricades Warning Signs, Signal Lights". In the event of a
conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern.
1.5 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads.
These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements,
and/or pavements whose condition would be significantly damaged by heavy loads.
General Requirements - Page 11 of 13
SECTION 01700
CONTRACT CLOSEOUT
1.1 CLEANING AND RESTORATION
' A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
' damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required.
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IGeneral Requirements - Page 12 of 13
SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to
a point of acceptance.
' 1.2 BID PRICE
1
A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a
pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work.
C. Unit prices shall govern over extensions of sums.
D. Unit prices shall not be subject to re -negotiation.
1.3 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The
basis of payment shall be the actual amount of materials furnished and Work done.
B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually furnished and the estimated
amount therefore.
END OF SECTION
General Requirements - Page 13 of 13
' SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the
' Larimer County "Urban Area Street Standards," April 2007 (hereafter referred to as the "Standard Specifications") are
made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard
Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of
' the provisions of the preceding Sections, the preceding Sections shall govern.
INDEX OF REVISIONS
' SECTION
' 105 Inspection of Work
105 Maintenance During Construction
107 Protection and Restoration of Property and Landscape
101 Prosecution and Progress
' 210 Adjust Manholes, Valve Boxes and Meter Boxes
405 Heating and Scarifying Treatment
' REVISION OF SECTION 105
INSPECTION OF WORK
I
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.11 shall include the following: f
' The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of
required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a
' minimum of 24 hours in advance of starting any construction operation that will require inspection, measuring
for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the
Engineer from any responsibility for additional costs or delays caused by such failure.
' Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract
as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or
materials may be rejected, notwithstanding that such work or materials have been previously inspected by the
' Engineer or that payment therefore has been included in the progress estimate.
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1
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Project Specifications — Page I of I 1
' REVISION OF SECTION 105
MAINTENANCE DURING CONSTRUCTION
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.14 shall include the following:
' The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be
cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left uncleared
after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary
' manpower and equipment to satisfactorily clean the roadway area.
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to
' clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work.
' The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service.
' All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
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' Project Specifications — Page 2 of I 1
' REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
' Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following:
' The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans,
details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the
Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such
' underground improvements which may be subject to such damage by reason of his operations.
Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer.
' All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
' separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns
damaged by construction operations, other than concrete repair, shall take place within three (3) working days
from the date of damage.
' All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for
separately.
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Project Specifications — Page 3 of I I
SECTION 00530
NOTICE TO PROCEED
Description of Work: 6077 Hot In Place Recycling Project 2010 Renewal
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: Cutler Repaving, Inc.
By:
Title.
Section 00530 Page 1
1
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.04 shall include the following:
This work shall be completed within the following calendar months:
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
It is the intent of this project to be completed within thirty (35) consecutive working days after work
commences. Other restrictions are as follows:
Pavement will be installed in segments of approximately one mile beginning at Horsetooth Rd and
continuing to Mulberry Rd and may include installation on Sundays for the three major
intersections at Drake Rd, Prospect Rd, Riverside Dr.
Project Specifications — Page 4 of 1 1
' REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
Section 210 of the Standard Specifications is hereby revised as follows:
Subsection 210.02 is revised to include the following:
Manholes, valve boxes, meter boxes, and all other similar structures located in a pavement shall be adjusted as noted
below.
Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall
mark on the curb and gutter with paint the location of all existing structures. These markings shall be maintained by the
Contractor until the work has been completed and accepted by the Engineer.
' The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary
materials on hand prior to cominencing the work.
' All structures shall be adjusted to be 1/8" to 5/8" below the pavement.
When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the
' pavement in both the longitudinal and traverse directions to within one percent. All Valve box adjustments shall be no
greater than 1/4" below the pavement.
' The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the
following methods:
1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the
' proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically
compacting bituminous material. This item will be measured and paid for separately under "Adjust
Valve Box", not including bituminous material.
2. Adjust with adjusting rings. These items will be measured and paid for under "Adjust Valve Box with
Ring", including material (parts).
' The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent
and breaks the valve box, said valve box shall be replaced at the Contractor's expense.
Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an approved
equal.
' Manholes shall be adjusted with adjusting rings. This item will be measured and paid for separately under "Adjust
Manhole with Ring". Rings shall be provided by the City.
When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the
' pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic
shall be replaced/reinstalled by the Contractor, as directed by the Engineer.
' The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes,
valve boxes, or other structures during the construction process.
In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the
' Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days.
Project Specifications — Page 5 of I I
1
REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
' In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third
party to complete the work, and to withhold the cost of such work from payments due the Contractor.
' The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation.
The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints
of the previous paragraph with respect to a third party completing the work.
' Payment will be made under:
Pa. Iy tern Pay Unit
' 210.01 Adjust Valve Box Each
' 210.02 Adjust Valve Box With Ring Each
210.03 Adjust Manhole With Ring Each
' The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in adjusting structures, complete -in -place, as shown on the plans, as
specified in these specifications, and as directed by the Engineer.
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Project Specifications — Page 6 of 11
REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
' Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following:
DESCRIPTION
' This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement. Rehabilitation shall be
done with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt
' rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new
hot mix bituminous pavement in compliance with the lines, grades, thickness and typical cross sections shown on the
plans or established by the Engineer. The work shall include compacting the rehabilitated surface. NOTE: This work
shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin material all in one
' continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature.
Turn Bays delineated by median curb will not be included in this project.
' Signal Loops will be lowered to a minimum depth of 6 inches prior to construction under separate contract.
Taper planing will be provided prior to construction under separate contract.
MATERIALS
' Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and
shall conform to Section 702.04 and revisions thereto. A manufacturer's certification shall be submitted for each load of
rejuvenating agent delivered to the project.
' The City shall supply sufficient cores at various locations representing the entire project to determine the bitumen
content, absolute viscosity and penetration of the bitumen in the top 1 " of the pavement. The Contractor shall utilize this
data to establish the type and amount of rejuvenating additive. The reconunended amount, with the test data and core
locations, shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval.
Rejuvenating agent will be paid by the gallon of actual field measured quantities. Costs associated with producing the
mix design will not be measured or paid for separately, but will be considered incidental to the work.
' Grading S (100) PG 64-28 hot mix bituminous material will be provided by the City, including haul to the project, under
separate contract.
' EQUIPMENT
The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The equipment
' shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for evaluation
by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no
additional cost to the City.
' The recycling equipment shall meet the following requirements:
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Project Specifications — Page 7 of I 1
' REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
' Repaver Equipment
The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating, scarifying (or
' milling), mixing with approved rejuvenate, redistributing, and leveling the existing asphalt pavement to the specified
depth of one (1) inch, all in a single pass.
' It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or
as directed by the Engineer. It shall be capable of applying a one (1) inch new hot mix bituminous pavement layer over
the hot, partially compacted recycled mixture.
' Heating Unit
This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and shrubs.
It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the
required depth without breaking aggregate particles or charring the pavement surface.
Scarifying or Milling Units
The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1)
inch in one pass. Scarifiers or millers shall be equipped with separate, automatic height adjustments which
' allow clearance over manholes and other obstructions.
Rejuvenating Agent Applicator
' This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved by
the Engineer. The application rate shall be synchronized with the machine's forward speed to maintain a
tolerance within 5% of the specified rate. The Contractor shall provide detailed information regarding
' calibration within six months of the beginning of the project.
Conveying System
This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix
bituminous pavement material to the finishing unit.
' Recycling Unit
This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width
' being processed to produce a uniform cross-section, grade and texture of recycled material.
Finishing Unit
' This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as
directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture.
Rollers
' . Rollers shall conform to Section 401 and revisions thereto.
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Project Specifications — Page 8 of I 1
' REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
' CONSTRUCTION REQUIREMENTS
Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose
' particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed.
The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work.
' The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. If damage occurs, the
Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc., at no cost to the City.
Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable
caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed under the
' direction of the Engineer or City Forester.
The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be
' considered incidental to the work.
The heating shall be sufficient to soften the pavement to the extent that it can be scarified or milled to a depth of one (1)
inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt. -
To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to a
width at least 2 inches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a previously
' placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat.
Immediately following heating, the pavement surface shall be scarified or milled to the specified depth. The scarified
' material shall have a temperature between 225' and 265' F, unless otherwise directed by the Engineer. The material shall
be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or as
approved by the Engineer. Application rate for the rejuvenating agent may be adjusted as necessary to maintain a
uniform mixture.
' New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method:
' The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being
processed. After it is placed, and while it still has a residual temperature of at least 190' F, a one (1) inch layer of new
hot bituminous pavement. material shall be placed over it. Grading S or SX hot mix bituminous material will be provided
by the City, including haul to the project, under separate contract.
' Compaction equipment shall be of sufficient type and size to compact the surface course to the required density.
' Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and as
directed by the Engineer.
• Depth of scarification may be varied.
' • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain
a uniform mixture.
• Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to
' maintain the design depth of combined recycled and new hot bituminous pavement.
The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of
' temporary delineation. The temporary pavement marking tape shall be placed daily, on the former alignment of
previously existing centerline and lane line striping, on the area paved. The Contractor shall be responsible to ensure
accurate placement of the temporary pavement marking tape. Tape shall be reflective and uniform in color to the existing
' Project Specifications — Page 9 of 1 1
REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
' striping color they are replacing. The Contractor shall place the temporary pavement marking tape in two (2) foot strips,
at twenty foot (20') maximum spacing. The cost of temporary pavement marking tape and installation shall not be
measured or paid for separately, but shall be included in the cost of the Work. Temporary pavement marking tape shall
' be submitted for approval by the Engineer prior to construction.
TRAFFIC CONTROL
' Traffic Control will be provided by the City of Fort Collins Streets Department under separate contract. Extensive
coordination between the Contractor and the Streets Department is required. The Contractor shall meet with the TCS a
minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project. In the
' event the project is delayed, the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work
again.
' All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m., weekdays, or as directed by the City Traffic
Department.
STAGING AREA
The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging area
must be submitted and approved by the Engineer prior to use. Written authorization to use private property to store
' equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and
use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of
indemnification to the Owner and the property owner.
' MANHOLES AND WATER VALVES
Manholes & valves shall be adjusted immediately following the paving operation, using rings provided by the City, as
described in Revision of Section 210, Adjust Manholes, Valve Boxes, Meter Boxes enclosed herein.
WEATHER LIMITATIONS
' Weather limitations for work on this item shall be a minimum of 50' F, and rising.
METHOD OF MEASUREMENT
' Heating and scarifying treatment will be measured by the square yard completed and accepted.
' Rejuvenating Agent will be measured by the gallon of actual material used in place.
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Project Specifications — Page 10 of ll
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' REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
' BASIS OF PAYMENT
The accepted quantities of pavement recycling will be paid at the contract unit price per square yard. Payment shall
' include cleaning the existing pavement surface, heating, scarifying, redistributing, leveling, placing and compacting
bituminous pavement. Asphalt rejuvenating agent will be paid for by the gallon used in place.
' Payment will be made under:
Pay Item Unit
' 405.01 Hot -In -Place Recycling Square Yard
405.02 Rejuvenating Agent Gallon
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Project Specifications — Page I 1 of 11
SECTION 2500
QUANTITY ESTIMATE
Hot -in -Place Recycling Project
CITY OF FORT COLLINS
FROM
TO
210.01
210.02
210.03
405.01
405.02
Adjust Valve Box
Adjust Valve Box
w/ RingRingRecyclingRejuvenating
Adjust Manhole w/
Hot -In -Place
Agent
EA
EA
EA.
SY
GAL
N. LEMAY AVE
HORSETOOTH RD
MULBERRY DR
40
29
56
100,180.49
8,014.44
PROPOSED TOTAL UNITS
40
29
56
100,180.49
8,014.44
' SECTION 03500
PROJECT MAPS
' N. Lemay Ave.
Horsetooth to Mulberry
J
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
' F ®�li6�s 201 O hot -In -Place (recycling Program N
��- S Lemay Ave
n
J
1
SECTION 00610
' PERFORMANCE BOND
Bond No.
' KNOW ALL MEN BY THESE PRESENTS: that
( Firm) Cutler Repaving, Ira.
' (Address) 921 E 27th St Lawrence, KS 66046-4917
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
' (Firm)q�TyIle �i.r/�ojr7`.�O /i)(', 7`
(Address) D %/ 5
hereinafter referred to as "the Surety", are held and firmly bound unto
City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a
(Municip�as;- Corporation) he 7/1/
after referred to as the "OWNER", in the penal
sum of �!'a%� o? in lawful money of
' the United States, for t 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 rincipal entered
into a certain Agreement with the OWNER, dated the 16 day oPr
20�,
' a copy of which is hereto attached and made a part hereof the performance
of The City of Fort Collins project, 6077 Hot In Place Recycling Project 2010
Renewal.
' 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.
1
I
Rev10/20/07 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
1 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.
1
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 U day of , 20/0.
IN ENCE OF:
Secretary / Treasurer
Principal
Cutler RepaV6ls hm
President `
(Title)�q
'�
921 E 27th St Lawrence, KS 66046-4917-
(Address);A'
(Corporate Seal)
1
IN PRESENCE OF:
Other Partners
1
By _ ..
By:
IN PRESENCE OF:
Surety
lax& 111,411-� -411
By:
lByee
:
(Address) /¢-f p✓'.�.s.y ri7.` �`r-
(Surety Seal)
r
NOTE: Date of Bond must not be
prior to date of Agreement.`�t'
1
If CONTRACTOR is Partnership, all partners should execute Bond.
1
Rev 10/20/07
Section 00610 Page 2
1
SECTION 00615
PAYMENT BOND
�7 Bond No.
'KNOW ALL MEN BY THESE PRESENTS: that ' ( Firm) Cutler Repaving, Inc.
(Address) 921 E 27th St Lawrence, KS 66046-4917
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
' the/ "Principal" and �v
(Firm) �-r/4 .'�` �0 ,� O �.0 .4 Z �J 96 /4 S y
' 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
(Municipa Corporation) hereinaf tep,referred to as "the OWNER", in the penal
sum of a %� X 9 in lawful money of the
' United States, for the payment f 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 tPcling
incipal entered
into a certain Agreement with the OWNER, dated the & day 20�U,
a copy of which is hereto attached and made a part hereofhe performance
of The City of Fort Collins project, 6077 Hot In Place Re Project 2010
Renewal.
' 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.
I
Rev 10/20/07 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
1 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.
1
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 ��,. 20/0.
IN ENCE OF:
Secretary / Treasurer
1 (Corporate Seal)
1
Principal
s
�%
m N a
�
B y �L. Lt tX.LO
President
(Title)
921 E 27th St
Lawrence, KS 66046 4917 I (<�
(Address)
IN PRESENCE OF: Other Partners
1 /t=�q .- f'GO.� !� �//?/� '�id.5 �I fir, •ri �_
IN PRESENCE OF: Surety
1 .
By �= r
(Address)
( Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond=-','.
1
IRev 10/20/07 Section 00615 Page 2
Direct InquiriesPClaims to:
1
11
POWER OF ATTORNEY THE HART
BOND,T-4�
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax. 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-281099
X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Robert B. Fiss, Scott H. Fiss, Droste D. Milledge, Melissa L. Ory, Patrice M. Larsen, Judith A. Page of Shawnee Mission, KS
and
Conya C. Harris of Corinth, Texas
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
�5 ,,lies
'mow � i JAI
*O
1979 ' • 7949
Scott
Scott Sadowsky, Assistant Secretary M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD
i
On this 3ra day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
�E.A
� � R
CERTIFICATE
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CE
copy of the Power of Attorney executed by said Companies, which is still in full force effect
Signed and sealed at the City of Hartford.
t�Ytl�'I
Scott E. Paseka
NotaryPublic
My Commission Expires October 31, 2012
tT RY th t the above and foregoing_is a true and correct
50
1870
9•
Gary W. Stumper, Assistant Vice Presidentf, ' ��
t
1
1
1
1
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
Rev 10/20/07
Section 00630 Page 1
From:Judy Page FaxID:9133960835 Page 2 of 2 Date:629/2010 12:20 PM Page:2 of 2
, R CERTIFICATE OF LIABILITY INSURANCE OP ID 9J
'THIS: CERTIFICATE IS ISSUED: AS A MATTER OF INFORMATION ONLY AND CONFERS. NO R GHTS UPON THE CERTIFICATE I
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BU' TF
BELOW. THIS.CERTIFICATE OF INSURANCE:DOES NOT CONSTITUMA CONTRACT BETWEEN THE ISSUING IRSURER(S),
REPR€SENTATIVE.OR PRODUCER, ANDTHE CERTIFICAT€.HOLDER.,
' e: certificate holder s an ADDITIO ,INSURED, the po icy(Ig9) rnuiA b9 endorsed. TION .
the terms and conditions of the policy, certain m policies may require an endorseent.. A statement on this car tificateAces not
Ct<ItiflCate.h.QliieG:ln Ileu D# such' endorsement 13}
'PRODUCER: NAME:
Johnston. T:iss Insurance No e><ftl. - —_ ..
5225 West 75th Street,. #200 AROVIR
t1DResS:
Shawnee M ssion KA 66206 CUSTOMER ID IV CUTLE-2
Phoae:_913 3:96 0$O0 Fax:_013-396-0836 =
1N9URERISj AFFORDINO.COVERAGE
INSURED P tJ. INSURERA Hartford Fire Irtaurana.e
Cutler Rde avi 1no4 URER6. Bactrord undarearteeYy znq co.
A to : Bob 'has erns -- - -- -, CO.,
R. 27t:h :Street INSURER : TaLn:my am lneuranoa co'.
' Lawrence KS :66046 J
INSURER ; Cincinnati Insurance Co,
INSURER 6
INSURER F i
COVERAGES CERTIFICATE NUMBER: REVISibN
Confer rightsto:the
NAIL a
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEDBELOW HAVE SEEN ISSUED.TO THE INSURED NAMED ASOW POk THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF.ANY CONTRACT OR WKERDOCUUENT. WITH RESPECT TO WFIIGi THIS
CERTIFICATE MAY ISSUED OR MAY PERTAIN. THE INSURANCEAFFGRDED BY T4POLICIES DESCR03ED HEREW IS %*JUT TOALL THE TERM9,
EXCLUSIONS AND CONDITIONS OF SM14 POLICIES. LIM17S SHINNN btAYLHAVE BEEN REDUCED BY PAID CLANS.
LTR
TYPE
NSR
WVD
POLICY NUMBER,
fYYYY
(19IMIDD
.
LIMITS
B
GENERALLMI1.ITY
X COMMERCIALGENERALLIABLrr
; :CLAIMS=MADE l X] OCCUR
X :Blkt :Add'.1 Insd
-
37CQT1562
0e101/09'
01tr01110:
...
EACH QCCURRENCE
S'1 000 1 000
PREMISES�Eaoecgrar�e�
b 300,Q:00
MED EXP (AnV.one porevn)
3 10,, 00 0
PERSONAL& AOV INJURY
$ 1., OK, 000
X
WaiVer of SubrO:
GENERAL AGGREGATE
s 27000.,000
Gi01_ AGEGATE LIMIT APPLIES PER
_ ... GR.1,,, ., PRO- - -
POLICY 'X JECT .LOC.
PRODUCTS:•.COMPIOP AGG:
s 2101,00�000_
zmp. Ban, ..
a 1 Oi)0,000
A
AUTOMOBLE
r X.
X
X
LIABILITY
ANYAUTQ
ALL OWNED AUTOS
SCHEDULEQAIJTOS .
HIRED:AUTOS
NON OWNED AUTO$
........
;
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37LUENOT1563
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08/01/09
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COMBINED SINGLE LUUT
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BOoILYINJURY(FerPsiem).
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BODILY. INJURY:(Peraafdwd)
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(Pereccident}
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EACHGGCURRENcs
3: 1. 000 r 000
AGGREGATE:
-!A-I o0 .0QO
DEDUCTIBLE
RETENTION $
"
C
WORKERS .VO P .I
AND EMPLOYERS+` LIABILITY Y I N
ANY PROPRIETORIPARTNERJEXECUTi
OFFICERIMEMBER EXCLUDEQ?,
(Mandaloryln:NH;
Byes dualbe under
DESCREPTION:OF OPERATIONS below
I
:.
1 I A
@-
` . WE.QT. ...:.
---,
OaJ01:lD9:-06f01(i0
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d
T fLl LIMITS fi 4u.a_
_
E L EACH ACCIDENT
,���
$. 5.00.000
E.L. DISEASE -EAEMPLOYEE,
$50000.0
E,L DISEASE • POLICYLiMIr
S 500000
•
a
OESCRIP,TiON 7PERATLONS/ LOCATIONS I VEHICLES (Attach ACORD;10i,Addtdonal Remgrke Schedule if more epaco leroqulred):
RE Sid 6077 Hot In F16ce Recyelsng Projadt- 2010 k6newal.
The.0 #y of Fort Collins is Additional- Insured for on -go I;nd conolleted
operatzoDs.. Ind;il�rll<nce _ s prima an . Wo -Contr>Lbtttory,. Waver of
subrogation applies where p- tad by nlaw
SHOULD ANY OlrTHE ABIVe DESCRIBED POLiciEs BE CANCELLED BEFORE
FTC- CO'01 THe 601RATION DATE THEREOF,.NOTICE WILL BE DELIVER90IN
ACCORDANCE WITH THE POLICY PROVISIONS..
pGQRD ?5 (2009109) The ACt)RD:name and logo:are:registered marlts:o#ACORD
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00300 Bid Form 00300-1 - 00300-3
CONTRACT DOCUMENTS
00520
Agreement
00520-1 - 00520-6
00530
Notice to Proceed
00530-1
00600
Bonds and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660
Consent of Surety
00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700
General Conditions
00700-1 - 00700-34
Exhibit GC -A
GC -Al - GC-A2
00800
Supplementary Conditions
00800-1 - 00800-2
00900
Addenda, Modifications, and Payment
00900-1
00950
Contract Change Order
00950-1 - 00950-2
00960
Application for Payment
00960-1 - 00960-4
SPECIFICATIONS
SECTION 00635
1 CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
' (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6077 Hot In Place Recycling
Project
1 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
1 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 no-t be exhaustive, and the failure to include an item on it does
1 not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
1 ENGINEER
AUTHORIZED REPRESENTATIVE DATE
1 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.
1 By.
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
1 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
1 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
1 REMARKS:
' Rev10/20/07 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
20
Gentlemen:
You are hereby notified that on the day of 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, 6077 Hot In Place Recycling Project 2010
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: 2.0
Sincerely,
OWNER: Citv of Fort Collins
By:
Title:
ATTEST:
Title:
Rev 10/20/07
Section 00640 Page 1
' SECTION 00650
LIEN WAIVER RELEASE.
' (CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
' FROM: (CONTRACTOR)
PROJECT: 6077 Hot In Place Recycling Project 2010 Renewal
' 1. The CONTRACTOR acknowledges having received payment, except retainage
from the OWNER for all work, labor, skill and material furnished,
delivered and performed by the CONTRACTOR for the OWNER or for anyone in
the construction, design, improvement, alteration, addition or repair of
the above described project.
' 2. In consideration of such payment and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged,
the CONTRACTOR voluntarily waives all rights, claims and liens, including
' but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270
a and b), stop notices, equitable liens and labor and material bond
rights which the CONTRACTOR may now or may afterward have, claim or
' assert for all and any work, labor, skill or materials furnished,
delivered or performed for the construction, design, improvement,
alteration, addition or repair of the above described project., against
' the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land
' improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
' alteration, addition or repair of the project were furnished, delivered
or performed by the CONTRACTOR or its agents, employees, and servants, or
by and through the CONTRACTOR by various Subcontractors or materialmen or
' their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project
' or any funds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
' 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender,
if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
' employees, servants, agents or assigns against the project or against the
OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
' fees, incurred as a result of such claims.
1 Rev 10/20/07 Section 00650 Page 1
1
'
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
1
be relied upon by the OWNER, the lender, if any,
and
Surety on
any labor
and material
bonds for the project.
1
Signed this
day of
,
20 .
CONTRACTOR
i
By.
Title:
'
ATTEST:
1
Secretary
1
STATE OF COLORADO
)
)ss.
1
COUNTY OF LARIMER
)
Subscribed and sworn to before me this day
of
1
20_, by
Witness my hand and official seal.
'
My Commission
Expires:
1
Notary Public
1
1
1
1 Rev 10/20/07 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 6077 Hot In Place Recyclinq Project 2010 Renewal
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in-
Fact.
Rev 10/20/07 Section 00660 Page 1
SECTION 00670
' Section 00670 Page 1
on
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
'DENVER CO 80261
(303) 232-2416
I
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
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
0170-750 (999) $0.00
89 -
r
CONTRACTOR 1NFORMATION "
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:
Copies of contract or agreement pages (1) identifying the contfac ing`,parttes .:
;EXEMPTION INFORMATION 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:
r c.
I 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:
llU NU"1' WKl'1E BELUW "1'H1S LINT;
I
Section 00670 Page 2
Special Notice
1
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.
I
Section 00670 Page 3
ISECTION 00700
IGENERAL CONDITIONS
1
GENERAL CONDITIONS
OF THE
iCONSTRUCTION
CONTRACT
'
These GENERAL. CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF TILE CONSTRUCTIOi\T
CONTRACT prepared by the Engineers Joint Contract Documents
'
Committee, F.:J( I)C No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining test that has lien added and
striking through text that has been deleted.
1
4
EJCDC GENEIZAI.. CONDITIONS 1910-9 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SECTION 00300
BID FORM
00330
BID SCHEDULE
City of Fort Collins
2010 Hot -In -Place Recycling Program
Renewal of Bid No. 6077
Item No.
Description
Unit Price
Unit
Quantity
Total Cost
405.01
Hat -In -Place Recycling
5 2.35
SY
100,.180.49
S 235;424.15
405.02
Rejuvenating Agent
S 3.50
Gallon
8,014.44
$ 2S,050.54
210.01
Adjust Valve Box
S 85.00
Each
35.00
$ 2,975,00
210.03
Adjust Valve Box with Ring
S 100.00
Each
34.00
$ 3,400.00
210.05
Adjust INIanhole with Rine
S 150.00
Each
56.00
$ 8.400.00
TOTAL COST
S 278.249.69
Two Hundred Seventy Eight Thousand Two Hundred Forty Nine Dollars and Sixty Nine Cents
Signedr. Lit"Address
Company Cutler RePavklB+ bla
Check One:
Individual Doing Busine s in Company Name
Corporation
Partnership
PhoneiFax
921 E 27th St
Lawrence, KS 86046-4917
785-843-1524 785-843-3942
' Article or paragraph
Number 3 Title
F�
TABLE OF CONTIENTS OF GENERAL, CONDITIONS
Page Article or Paragraph
Number Numlxr .x Title
DE L'i IITIONTS .......- ..................
1.1
Addenda... ...... ................. ........
L2Agreement
..........................................1
1.3
Application for Payntent.......................1
1.4
Asbestos
1
1.5
Bid.....................................................1
1.6
Bidding Documents ................_..._.,....1,
1.7
Bidding Requirements_......................_1'
1.8
Bonds...................................:.............1
I.9
Change Order.... ............. .....-- --
....... 1
1.10
Contract Documents..,_ ..................._..
1.11
Contract Price......................................I
1.12
Contract Times.............-.--.-....-.-.--.-...,1
1.13
CONTRACTOR..................................1
1.14
d�Jt'Criv¢.............................................1
1.15
Drawings ......... ............. ...... ...........
....1
1.16
Effective Date of the Agreement,,....,,-,.
1
1.17
ENGINEER
I
1.18
ENGINEER's Consultant ......................1
1.19
Field Order..........................................1
1.20
General Requirements
2
1.21
.........................
Hazardous Waste
?
1.22.a
Laws and Regulations; Laws or
Regulations ....... ........... .....................
2
122.b
Legal holidays ....................................
1.23
Liens
1.24
Milestone .........................
2
1.25
Notice of Award ............... ...._........2
1.26
Notice to Proceed
1.27
0\\M'ER..............._..........
1.28
Partial Utilization............................._.2
PCBs...........................................
1.30
Petroleum
2
1.31
Project .........................
1.32.a
Radioactive Material
1.32.b
Reeular Working Hours
1.33
.,.
Resident Project Representative .............
2
1.34
Samples .............................................
2
1.35
Shop Drawings ........ ......... - .................2
1.36
Specifications........... I .........................
1.37
Subcontractor,,,,,,,,,,,,,
1.35
Substantial Completion,,...,. _...............
1.39
Supplementary Conditions, .............
1.40
Supplier. ..........................
,..,..2
7
1.41
Underground Facilities-- .... ...........
2-3
1.42
Unit PriceWork3
1.43
Work ..................................................?
1.44
Work Change Directive.._ ..... ._...,.........
3
1.45
Written Amendment
Page
Number
2. PREL1,N]JNARY MATTERS..........................._--.3
2.1
Delivery of Bonds ...... ....................
I..-.
Copies of Documents .......................;
2-3
Commencement of Contract
Times; Notice to Procced.......
2.4
Starlin_ the Work ...........................
3
2.5-2.7
Before Starting Construction;
CONfRj%CTOWs Responsibility
to Report; Preliminary Schediles,
Delivery of Certificates of
Insurance .......................
3-4
2.S
Preconslruction Conference..............4
2.9
Initially Acceptable Schedules..._.._-.4
3. CONTRACT
DOC1LJ7\,MNTS: INTENT,
AMENDING, RF.USF.....-..................... ...... .........4
3.1-32
Intent, ... ..................... ............._.....
4
3.3
Reference to Standards and Speci-
fications of Technical Societies:.
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives .....................................
3.5
Amending Contract Documents,,.,-....�
3.6
Supplementing Contract
Documents
5
3.7
Reuse of Documents ........................
4. AVAILABILITY OF LANDS:
SUBSURFACE AND PHYSICAL CONDITIONS:
REF-RNCE POfN`TS........._ ..............................5
4.1
Availability of Lands .... -................
5-6
4.2
Subsurface and Physical
Conditions _
_ 6
4.2.1
Reports and Drawings .......................i
4.2-2)
Limited Reliance by CON'FRAC-
TOR Authorized; Technical
Data
6
4.2.3
Notice of Differing Subsurface
or Physical Conditions6
4. 2.4
NG 11JEER's Review ........................
6
4.2.5
Possible. Contract Documents
Chanue
6
4.2.6
Possible Price and Times
Adjustments ............................ _'6-7
4.3
Physical Conditions --Underground
Facilities .......................................
7
4.3.1
Shown or Indicated,-..._,.... ..............
7
4.3.2
Not Shown or Indicated, ....... ....... ,,,.7
4.4
Reference Points ................................
7
EJCDC GENERAL. COND11 1ONS 1910-3 (1990 EIATION)
tv/ CITY OF FORT COLLTNI S MODIFICATIONS (REV 969 )
Fj
I�
Article or Paragraph
Number & Title
Pagc Article or Paragraph
Number Number & Title
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material 7-8
................. ....
5. BONDS AND INSURANCE .................................
8
5.1-5.2
Performance. Payment and Other
Bonds ...............................................
8
5.3
Licensed Sureties and Insurers,.
Certificates of Insurance........,.,•.,......8
5.4
CONTRA("TOR'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
M
5.9
CONTRACTOR's Responsibility
for Deductible Amount.,;., .......
.10
5.10
Other Special Insurance ...............
,.,._.,10
5.11
Waiver of Ri_hts
11
5.12-5.13
Receipt and Application of
Insurance Proceeds , ,
10-11
5.14
Acceptance of Bonds and Tnsir-
nnce; Option to Replace_,._ .............)
1
5.15
Partial Utilization --Property
Insurance... • ...... . .............................
11
6. CON -TRACTOR'S RFSK)NSIBILITIES11
6.1-6.2
Supervision and Superintendence,,..,,,
I
63-6.5
Labor, Materials and Equipment..._
11-12
6.6
Progress Schedule... ...........................
12
6.7
Substitutes and "Or -Equal" Items:
CONTPjkCTOWs Expense;
Substitute Construction
Methods or Procedures;
FNGINI"sFR's F..valuation
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
Lajas 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...-.._.....................Ii
6.20
Safety and Protection
15-16
6.21
Safety Representative .........................
16
6.22
Ha7;trd Communication Programs
16
6.23
Emergencies.....................................16
6.24
Shop Drawings and Samples..............16
Page.
Number
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal
16
6.26
Shop Drawing x Sample Submit-
tals Review by ENGINEER...,.
• 16-17
6.27
Responsibility for Variations
From Contract Documents ............
17
6.28
Related Work Performed Prior
to ENGINFIs`R's Review and
Approval of Required
Submittals ...................................17
6.29
Continuing the Work ......... .............17
6.30
CONI-RACTOR's General
Warranty and Guarantee, .......
... .17
6.31-6.33
Indemnification ..............
17-18
6.34
Survival of Obligations .............
.....1 S
7. OTHER WORK
.............................................
•...1 S
7.1-7.3
Related Work at Site.,
7.4
Coordination.. .................. ......
...... I IN
S. MVNF.R'S
RF,SPONSTBILiTiES1S
SA
Communications to CON-
TRACTOR ............................
is
S?
Replacement of ENGINEER.,,,,,,_„.IS
8.3
Furnish Data andPay Promptly
When Due ..................................
I8
8.4
Lands and Easements; Reports
and Tests........:....-._._........_-IS-19
8.5
Insurance .................... _................,19
8.6
Change Orders ...............................
19
8.7
Inspections, Tests and
Approvals.................................19
8.8
Stop or Suspend Work;
Terminate CONI'RAM'OR's
Services .............................. _......19
8.9
Limitations on OWNER'S
Rasponsibilities ...... ......................19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material.,.,_.,_-_,...._.
19
8.11
Evidence of Financid
Arrangem tints..... _ I ......................1.9
9. ENGINEER'S STATUS DURING
CONSTRUCTION' .............. ............... ..............19
9.1
(:)WNER's Representative ---- .--_._.....19
9.2
Visits to Site ..................................
19
9.3
Project Representative .....
19-21
9.4
Clarifications and Interpre-
tations .........................................
21
9.5
Authorized Variations in 11,6rk
21
EJCDC CENEKAL CONDITIONS 1910.8 (1990 EDITIOND
w/ CITY OF FORT COi.LINS MODIFICATIONS (RF.V 9/99)
11
1
Article or Paragraph
Number &s Title
Paec Article or Paragraph
Number Number & Title
9.6
Rejecting Defective Work...................21
9.7-9.9
Shop Drawings, Change Orders
and Payments....................................21
9.10
Determinatims for unit Prices._..._
21-22
9,11-9.12
Decisions on Disputes; ENGI-
NEER as Initial Interpreter..............22
9.13
Limitations on ENGI_NEER's
Authority and Responsibilities ...._22
23
CHANGES IN
THE WORK ..................._..................
23
10.1
OWNER's Ordered Change................23
10.2
Claim for Adjustment ........................
23
li ).3
Work Not Required by Contract
Documents......................................23
10.4
Change Orders ................... .........
..223
1O.5
Notification of Surety:...... _.................)3
CHANGES OF CONTRAM' PRICE.........._................23
11.1-11.3
Contract Price; Claim for
Adjustment: Value of
the Work.....-- ............... -
23 ^4
11.4
Cost of the Work...........................^4-225
11.5
Exclusions to Cost of the Work ............25
25
11.6
CONTRACI'OR's Fee ..........................
11.7
Cost Records ..............._ ...............
^5 6
-
11.5
Cash Allowances...............................26
11.9
Unit Price Work .................................
6
CHANGE OF CONTRACT TIIvIES
26
12.1
Claim for Adjustment, ........................26
...........
I2._?
Time of the Essence .................. ...:....26
12.3
Delays Beyond CONTRACTOR's
Control ................. _....................26-27
12.4
Delays Beyond OWNIF,R's and
CONTR\CTOR's Controlr7
TESTS AND INSPECTION& CORRECTION
RFMOVAL OR ACCEPTANCE OF
DEF-ECTIT%L WORK
13.1
Notice of Defects ......................
13.2
Access to the Work ........................
13.3
Tcsts and Inspections;
CONTRACTOR's Cooperation.,.,,.
13.4
OWNTER's Responsibilities.
Independent'restine Laboratory.,,
13.5
C0.NM\CT0R's
Responsibilities ........ ...................
13.6-13.7
Covering Work Prior to Inspec-
tion. Testing or Approval ..............
iv
.. 27
�7
27
....27
..27
...27
13.8-13.9 Uncovering Work at ENG1
Paec
Number
NEER's Request .....................
27-28
13.10
OWNER May Stop the Work ...........
28
13.11
Correction or Removal of
Defective Work ...........................29
Li.l'-
Correction Period
28
13.13
Acceptance ofDcfaclive Work._.,,
28
13.14
OTTER May Correct Defective
Work ................ _ .... _ .............
28-29
14. PA)'1\4F..N"I'S'1'0
CONTRACTOR AND
COMPLETION
.----...„..,.,.., ....................
29
14.1
Schedule of Values ...... ...........„.,..,-'_'9
14.2
Application for Progress
Payment......... .............. ..._.......
29
14.3
CONTRACTOR's Warranty of
Title...........................................29
14.4-14.7
Review of Applications for
Progress Payments .................
29-30
14.S-14.9
Substantial Completion ................„
30
14.10
Partial Utilization .._..__...._...--.-30-31
14.11
Final Inspection ..... .........................
il
14,12
Final Application for Payment ......
.,31
14.13-14.14
Final Payment and Acceptance....,,..31
14.15
Waiver of Claims ......................31-32
15. SUSPENSION, OF WORK AND
TER MINAT
ION ...............................................
32
15.1
OW:NTER May Suspend Work ..........
32
15.2-15.4
OWNER May Terminate................:i2
15,5
CON TRACTOR May Stop
Work or Terminate..,..............
32-33
16. DISPUTE. RESOLUTION .............................. ..33
17. MISCU,LANEOl1S
33
17.1
Giving Notice ................................
33
17.2
Computation of Times...................33
17-3
Notice of Claim ................._.,..,,.....33
17.4
Cumulative Remedies ......................
33
17.5
Professional Fees and Court
Costs Included
33
17.6
Applicable State Laws, ....... _.......
3-34
Intentionally left blank ...... ..............................
_35
EX-HTBIT GC -A:
(Optional)
Dispute Resolution Agreement., ....... ,--------
__GC -Al
16.1-16.6
Arbitration
16.7
Mediation
QC -Al
EJCDC. GENTERAL CONDITIONS 1910-8 0990 EDITION)
a,/ CITY OF FORT C,OLLTN.S MODIFICATIONS (REV WW)
1
1
J
1
INDEX TO GE.NERAL. 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
d� ective ..............10.4.1,
13.5, 13-1.3
...
mtWork.,.._„..-.._
final payent........................._...
14.15
insurance
5.14
other Work-, by CONfRAC.TOR._
.....................7.3
Substitutes and "Or -Equal" Items.....................6.7.1
Work by Old �rER ...............I..............
?.5, 6.30, 6.34
Access to the--
L,ands, QWNFR andC(_.)NT-RACTOR
responsibilities .............................................
4.1
site, related Work.... ... I .................
I I .... .... 17_2
Work,..........................................132,
13.14, 14.9
Acts or Om issions--, Acts and Ont issions--
CONTRACI`OR......................._.......---6.9.1,
9.13.3
til\lGi i\1EFR
6.20. 9.13.3
M1,11ER........................_......_.........
.... .. b,20, 5.9
Addenda --definition of (also see
definition of Specifications) ,.......
(1.6, I.i0, 6.19), 1.1
Additional Property Insurances ...........
...................„ 5.7
Adjustments -
Contract Price or Contract
Times ...........................1.5.
3.5, 4.1. 4.3.2, 4.5.2.
..._........................4-5-3, 9.4, 9.5, 10.2-10A,
.........................................11,
12, 14.5, 15.1
progress schedule. .................._...
........ .......... ..... Fi.6
Agrecment--
dctinition of ........................................................
1.2
"All -Risk" Insurance, policy form............................5.6.2
Allowances. Cash....................._.............................11.8
Amending Contract Documents.
......................3.5
Aliiendment, Written --
in general-_ .............. 1.10, L45,
3.5, 5.10, 5.12, 6.62
......................:....C,>.5,2, 6,19, 10.1, 10.4, 11.2
12.1, 1.3.12.2, 14.7.2
Appeal, OR"!ER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGilTUR's Responsibility...............................9.9
final payment ..................9.13.4, 9.13.5, 14.1-1-14.15
in general ..........................2.S.
2 91 5.6.4, 9.10, 15.5
progress payment ,,,,,,,,,,,,,,, ,
14.1-143
review of .................................................:14.4-14.7
Arbitration .....................................................
16.1-i6.6
Asbestos—
claims pursuant thereto ....... ,..___,........._..5.1
4.5.3
CONTRACTOR authorized to stop Work.,.„_„. 4.5.2
definition of
..........................................................
1.4
Article or Paragraph
Number
OWNER responsibility for.............................4.5.1,
5.10
possible price and times change ........................4.5.2
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 .................
............... 2.5-2.3
Bid --definition of ................ 1.5
(1.1, 1.10, 2.3, 3.3,
...... _. _.._.. A2.6.4, 6,13, 11.4.3, 1 1.9.1)
BIddlna Documents --definition
of
1.6 (6. S.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of ............................
......5.14
additional bonds... ... I ....... I ...................
10.5. 11.4.5.9
.Cost of the Work..,., .........
11.5.4
definition of.......................................................1.8
delivery of ...............
2
final Application for Payment ... ..-__.......
_.14.12-14.14
general ...........................
1.10, 5.1-5.3, 5.13,
9.13, 10.5. 14.7.6
Performance, Payment and Other ...............
_.1.5.1-5.2
Bonds and Insurance --in general .........................
_ ......5
Builders risk "all-risk" policy form______________...
5.6.2
Cancellation Provisions, Insurance..,_._..
.4.11, 5.5, 5.15
Cash Allowances ...................................
. .... ............. i LN
Certificate of Substantial Completion .........
1.38. 6.30.23,
.....................
14.10
Certificates of Inspection ..................9.13.4,
13.5. 14.12
Certificates of Insurance2.7,
5A 5.4.11, 5,4.13,
.......................5.6.5, 5.5,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ...................................
_..........1 1.8
claim for price
adjustment.............4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4
__..........__ 19,5, 9.11, 10.2,
10.5, 11.2, 13.9,
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 ..............
11.5
Cost Records ............. ....................
1 1.7
in general ,,,,,1.19, 1.44, 9,1 1,
10.4 2, 10.4.3, 11
Lump Suni Pricing..........................................11.
32
Notification of Surety— ........................
.....10.5
.......
Scope of.. .................... ................
.. .......... 1Q.3-10.4
Testing and Inspection,
Uncovering the Work ..................................
139
IiJCIX:. GENIiR.4L CONDITIONS 1910•8 ('1990 EDITTOt.9
rv! CiTY OF FORT COLI.INS NIOEMCATTONS !RF.V 9/991)
�1
1
F1
11
Unit Price Work 11.9
Article or Paragraph
Number
Value of Wore..................................................11.3
Change in Contract Timcs--
C;laim for times adjustment,,,,-,..4.1,
4.2.6, 4.5, 5.15,
6.5.2, 9.4, 9.5. 9.11.
10.2, 10.5. 12.1.
,..13.9. 1'3-13, 13.14,
14.7, 15.1, 15.5
Contractual time limits ...... .....................
.......... 1^.=
Delays beyond CONTRACTOR's
control...............................................
- 12.3
Delays beyond OWNTER's and
CON-I-RACLOR's control.............................1.2.4
Notification of surety,,,,,,,,,,,,,, ...........................
10.5
Scope of change.........._............................10.3-10.4
Change Orders—
Acceptance ofDefeetive Work .......
.............1113
Amending Contract Documents ........................
...3.>
Cash Allowances,-.„.-.„.,_._ .............................
l I.s
Change of Contract Price ...................
.I 1
Change of Contract Times.. I ..... ...............
......... 12
Changes in the Work., ...... ............._...-.........
10
CONI RACTOR's fee ..................................
11.6
Cost of the Work
11.4-1 1.7
Cost Records
11.7
definition ot....................................................1.9
em ereencies..................................................
6.23
ENGINEER's responsibility...,,-- 9.5,
10.4, 11.2, 12.1
execution of .......................................................
10.4
Indentnifietioq ...... ................... 6.1_2,
6..16, 6.31-6.33
Insurance. Bonds and _.-..--.---_----- .---
5.10, 5.13, 10.5
OWNER may terminate..............................1,5?-15.4
Ocv1NER's Responsibility— ........... ..............
b.6. 10.4
Physical Conditions --
Subsurface and,,-.- -
.........................................
4.2
Underground Facilities--............................4.3.2
Record Documents
6.19
Scope of Change.......................................10.3-10-4
Substitutes .............................................
6.7.3. 6.5.2
Unit, Price Work... _ ..........................................
11.9
value of Work, covered by,,,-„,,,,,,,,,,,,,,,,,,,,,,,,,,,11.3
Changes in the Work ........... ......................................
10
Notification ofsurety.............. ................
....... _10.5
011 NER's and CONTR-aCTOR's
responsibilities............................................10.4
Right to an adjustment ....... ..............
.... ,... ,........ 10.2
Scope of change........................................10.3-10A
Claims --
against CONTRACTOR ....................................6.
lti
against ENGENEER.........................................6.32
against OIITrF,R.--
6.32
Change of Contract Price .................._........9.4,
11.2
Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,,
9.4, 12.1
CONTRACTOR'S... .......... 4, 7.1, 9.4,
9.5, 9,11, 10.2,
...........................11.2, 1 1.9, 12.1,
13.9, 14. s,
..........................................15.1.
15.5. 17.3
CONE RACI'OR's Fcc 1 1 A
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6,12, 6.16, 6.31
Cost of the Work ....... ................................11.4,
11.5
Decisions on Disputes...............................9.11,
9,12
Dispute Resolution............................................16.1
. Dispute Resolution Agreement ...................
16.1-16.6
ENGINEER as initial interpretor--_„_,,,,,,,,,,,,,„
9.11
Lump Sum Pricing..................................._...-11.3.2
Noticeof..........................................................1.7.3
OWNrR's....................9.4, 9.5, 9.11,
10,2, 11.2, 11.9
........................12.1, 13.9. 13.13.
13.14, 17.3
OWNT ER's liability. .............................
........... 5.5
OWNER may refuse to make payment,,,,,,,,,,,,,,,,,14.7
Professional Fees anti Court Costs
Included - .......................
17.5
request for formal decision on„------„......
......... ... 9.11
Substitute Items.............................................d.7.1.2
Time Extension
12.1
Time requirements....................................9.11,
12.1
Unit Price Wore_....................._-----...---..-.-,..1
1.9.3
Value of ,
................................................
1.1.3
Waiver of --on Final payment.................14.14,
14.15
Work Change D.. irective........................
............10.2
written notice required ......................9.11, 11.2, 1^.1
Clarifications and Interpretations,,,,,,..---,
3.6.3. 9.4. 9.11
Clean Site
.........6-i7
Codes of Technical Society, Organization
or Association,,,,,,,.-.
3.3.3
Commencement of Contract Times ...... ..
......
Communications—
general ........................... .................6.2.
6.9.2, 8.1
Hazard Communication Programs .....................6.22
Completion --
Final Application for Paymenl.........................14.12
Final Inspection.--._-_.., ..................................
14-11
Final Pavment and Acceptance ...............14.13-14.14
Partial Utilization----------------------------------------_--14.10
Substantial Completion._................„.1.38,
14.3-14.9
Waiver Of CIa1111S
14.15
Computation of Times._........................17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others, .............................................
_6-8-6.11
Conferences --
initially ,acceptable schedules .... ... ............
............ 2.9
preconstruction...................................................
2.8
Conflict, Error, PUnbiguity, Discrepancy—
COI>'TRACTOR to Report......................
2.5, 3.3.2
......
Construction, before starting by
CONTRACTOR .................
2.5-2. 7
..
.........................
Construction Machinery, Equipment, etc, ....
,............ 6.4
Ccntinuing the Work.... ........... ......
6,29, 10.4
Contract Documents--
Amending...........................................................3.5
Bonds......................................_........-..........5.1
EJCDC GENERAL CONDMONS 1910 -3 (1990 EDITION)
wt CITY OF FORT COuxm MODIFICATIONS IREV 9199)
1
1
Cash Allowances .................. - ._.........._.......11.8
Article or Paragraph
Number
Change of Contract Price.
Change of Contract Times ................10.4-PY5
12
Changes in the Work ................. ................
check and verify........... _..............................
2.5
Clarifications and
Interpretations.........................3.2, 3.6, 9.4, 9.11
definition of .................
_.....1.10
1 ;fir R as initial interpreter of ..........
t.GIN} l
9,11
ENGIItrF.`.E R as OWNE'R's representative..............9.1
eeneral3
Insurance ............................. ...._.....................
`3
Intent... ..... ................. ........ ................
..... 3.1-3.4
minor variations in the Work ...... .......................3.6
OWNER's responsibility to furnish data ........
OWNE.R's responsibility to make
prompt payment., .......... I.............X.3,
14.4, 14.13
precedence .................... ......... ....................
3.1, 3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies ...................................
3.3
Related Work.....................................................7.2
Reporting and Resolving Discrepancies...,..._
2.5, 3.3
Reuse of ...............................
......3.7
Supplementing..................................................
3.6
Termination of ENGIh?EER'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
Change of .................... .
Decision on Disputes........................................9.11
definition of ....................................................
l.11
Contract Times --
adjustment of ..........................3.5. 4.1. 9.4, 10.3. 12
Change of ............. ....................................
12.1-12.4
Commencement of.........................................._.,2-3
definition ol......................................................1.12
CONTRACTOR --
Acceptance of Insurance.-
5.14
Communications ......................................
6.2. 6.9.2
Continue Work........................................6.29,
10.4
coordination and scheduling.... .... ...................
6.9.2
definition of ..................................................
1.13
Limited Reliance on Technical
Data Authorized ..........................................
4.2.2
May Stop Work or Terminate-,_...._...................1.5.5
provide site access to others... .....................
7.2, 1.3.2
,, Safety and Protection,,,,,,,,,,,,,,,,, ,11.2, 6.16, 6.15,
........................6.21-6.23,
7.2 13,2
Shop Drawing and Sample Review
Prior to Submittal .........................................
6.25
M
Stop Work requirements. ............. _...... _..-- ...... a.5.2
CONTRACTOR's-
YVticle or Paragraph
Nu in ber
Compensation ............................................
11.1-1 1.2
Continuing Obligation., ............... * . ............
* 14.15
De%cTive Work ...............................6, 13.1
�13.14
Duty to correct defective Work ..........................13.11
Duty to Report -
Changes in the Work caused by
Emergency ergency .....................................
..... 6.23
Defects in Work of Others ................. -
........... .3
Differin.6 conditions......, ............................
4.2.3
Discrepancy in Documents...,...,.2.5, 3.3?,
6.14.2
Underground Facilities not indicated ---
,-,..... 4.3.2
Emergencies_ ......................... .....-...........0.23
Equipment and Machinery Rental, Cost
of the Work...........................................1
1.4.5.3
Fee --Cost Plus..-,_ 1 1.4.5-6, 11.5.1,
11.6
General Warranty and Guarantee ..... ... ........
..._6.30
Hazard Communication Programs_ ..................6.22
Indemnification... ...... ............... (), 12, 6.16. 6.31-6.33
Inspection of the Work ................................
7.3, 13.4
Labor, Materials and Equipment ....................6.3-6.5
Laws and Regulations, Compliance by .............
.14.1
Liabilitv Insurance ................................_ _._
_..... 5.4
Notice of Intent to Appeal ........................J.10,
10.4
obligation to perform and complete
the Work .....................................................
6.30
Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,•
6.12
Performance and Other Bonds.. .. _._._
5.l
Permits, obtained and paid for by ..............„.-,
_,_6.13
Progress Schedule ...........................?.6. 2.8. 2.9, 6.6.
....................................... 6.29, 10.4, 15.2.1
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities --
Changes in the Work ...................................
10.1
Concerning Subcontractors, Suppliers
and Others
6.8-6,11
Continuing the Work ..........................
629, 10-4
CONPRACTOR's expense...........................6.7.1
CONTP-ACTOR's General Warranty
and Guarantee... ............... .... . . _._.....6.30
CONTRACTOR'S review prior to Shop
Drawing or Sample submittal_,., .........
..6.25
C(xordination of Work .................................
6.9.2
Emergencies ...........................................
6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items ...................._
........
For Acts and Omissions
ofothers..... .......................6.9.1-6.9.2, 9.13
for deductible amounts, insurance,,,,,,,,,,,,,-i.9
general ........................................¢, 7.2.
7.3, 8.9
Hazardous Communication Programs_.._..
... .6.22
1 ndemni tication...................................6.31-6.33
E1CDC GENElZAL CONDITIONS 1910-S 11990 EDIllON)
wl CITY OF FORT COLLIN'S MODIFICATIONNS (REV 9199)
FA
H
Labor, Materials and Equipment._..,. .3-6.5
Laws and Reculations 6.14
Liability Insurance„_-.,,...... ................5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents ...........................................
6.21
Patent Fees and Royalties.._._..........._......_.C�.!?
Perm its
6.13
Progress Schedule.,..... ................. ......
C
Record Documents.._......... _................._.....
6.19
related Work performed prior to
ENGINEER's approval of required
subm ittals......................................
_..... 6 -28
safe structural loading._.,_..,,.,. ..................
..6,1S
Safety and Protection...... I.............6.20,
7.2, 13.2
Safety Representative ......... .......... ..............
_6.21
Scheduling theWork..................................6.9.=
Shop Drawings and Samples .._,..,.,...,,6
24
Shop Drawings and Samples Review
by ENGINEER
6.26
Site Cleanliness ............_-._................
I-----.6.17
Submittal Procedures .
6.25
Substitute Construction Nlethods
and Procedures .....................................
6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence
..._, _..-6.2
Supervision ................'........ ---._.........,6.I
Survival of Obligations,,,,,,,,,,,,,,,,,,,,,,,•,,,,,,•,6.34
Taxes ............... .................................
6.15
Tests and Inspections..__.............................13.5
ToReport......................................................
5
Use of Premises 6,16-6.18. 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
G.25
Right to adjustment for changes in the Work
lti10 2
right to claim.__. ....... 4, T 1, 9A, 9.5, 9.11,
10.2,11.2,
11.9, 12.1. 13.9. 14.S. I5.1.
15.5. 17.3
Safety and Protection ..... .............. 20-6.22,
7.2, 13.2
Safety Representative........................................6.21
Shop Drawings,and Samples Subminals.....
6,24-6.25
Special Consultants—, ....... I ....... 1 .... I—— ....
I ... 114.4
Substitute Construction Methods and Procedures_6.7
Substitutes and "Or -Equal" Items.
Expense, .......................................... 6.7.1.
6.7. 2
Subcontractors, Suppliers and Others •.........6.8-6.11
Supervision and Superintendence...... .'6.1,
6.2, 6.21
Taxes. Payment by ................................. I ..........
6.15
Use of Premises
6.16-6.18
Warranties and guarantees... .......................
6.5. 6.30
Warranty of Title .............................................
.14.3
Written Notice Required--
CONTRACTOR stop Work or terminate,..,,,_
15.5
Reports of Differing Subsurface
and Physical Conditions ........................
4.2.3
Substantial Completion ........ .......................
14.8
VIII
CONTRACTORS --other 7
(contractual Liability Insurance ...... __.......... ,......... 5.4.10
Contractual Time Limits 12.2
Article or Paragraph
Humber
Coordination--
CONf RACI.OR's responsibility ........................
69.2
Copies of Documents,
2.2
...........
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general,,,,,,•,,,,,,•,,,,•,,,,,,,,,,,,,,,,10.4.1,
13.10-1114
Acceptance of Defective Work...........................13.13
Correction or Removal of
Defective Work.................................6.30,
13.11
Correction Period.............................................
1 3.12
OWNER May Correct De/ective Work .........
----- 1114
OWNTER Nfay Stop Rork.................................1.i.10
Cost --
of Tests and Inspections, ... ......... .........
.......114
Recordsl1.7
Cost of the Work --
Bonds and insurance, additional...................j
1A.5.9
Cash Discounts ........................ .....................
11.4.2
CONfRACfOR's Fee.......................................11.6
Employee Expenses......................................11.4.5.1
Exclusions to, .... .................... ....
5
General 11.4-1 15
Home office and overhead expenses ....................!
1_5
Losses and damages ...................... I ... ..,,......
111.4.5.6
Materials and equipment ...................... ,....
.....I I-4.2
Minor expenses........................_,,..,.._..,_,..,,.11.4.5.8
Payroll costs on changes.................................11.4.1
performed by Subcontractors ............................
1.1-4-3
Records 11.7
Rentals of construction equipment
and machinery ..... ....................._...........
11-4-'-=3
Royally payments, permits and
icense fees ............................................
11.4.5.5
Site office and temporary facilities ..... I ........
, J 1.4.5.2
Special Consultants, CONTRACTOR'.............
1 1.4.4
Supplemental.............................................
11. 4.5
Taxes related to the Work .............................
1 1.4.5.4
.
Tests and Inspection ..........................................
13.4
Trade Discounts.............................................11.4.2
Utilities, fuel and sanitary facilities- ..............
11_4_5.7
Work after regular hours ..... „_,,,
Covering Work.._ ... .................... ........._.._......
13.6-13,7
Cumulative Remedies _.._...._......
17,4-17.5
Cutting, fitting and patching....................................7.2
Data, to he furnished by OWNER— ............................8_3
Day --definition of................................................1
T2.2
Decisions on Disputes .... ............ I ........ I ...... I ....
9,11, 9.12
defective --definition oC....................._.................._
L14
defective Work --
acceptance vf........................... ......._...10.4.1. 13.13
EJCDC GENET AL COMATIONS 1910-5(1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RF,V Ii99)
1
1
i
Correction or Removal of._.-__._,-,--------10.4.1, 13.11
Correction Period 13.12
in general....,, ............... ......... 13, 14.7. 14.11
Article or Paragraph
Number
Observation by FNGINFFR................
9-
OWNER May Stop Work ........................
........ .13.1L'
Prompt Notice of Defects ..... ,,- ... I-- ......... ------------
13.1
Rejecting. .........................._.........................9.c
Uncovering the Work.......................................13.8
Definitions............._....................:............................
1
Delays ........ .. ............................4.1, 6.29,
12.3-12.4
Delivery of Bonds.....................................................2.
I
Delivery of certificates of insurance- „........
9.10
Differing Subsurface or Physical Conditions_
Noticeof
4.2.3
FNCrNF,F,R's Review ....................................
41 2.4
Possible Contract Documents Change --
4.2.5
Possible Price and Times Adjustments..............4-2.6
Discrepancies -Reporting
and Resolving, -------------- ........... ...--2.5, 3.3.2, 6.14.2
Dispute Resolution --
Agreement .................... ............................
16.1-16.6
Arbitration .................................................
16.1-16.5
aenera116
Mediation ............................ .........................16.6
Dispute Resolution Agreement,-,-_--_,--_.,16.1-16.6
17isputes, Decisions by ENGINEER,-,-„-,--„-----,
9.11-9.12)
Documents --
Copiesof ..........................
?
Record 6.19
Reuseof.............................................................3.7
Drawings --definition of, ..........................................I
IS
F.asements............. .......... :.......... ............................
4.1
Effective date of Agreement -- definition qf-.............
J-16
Eniergencies...... ........ .........................................
_6,23
ENG INEER--
as initial interpreter on disputes, .
definition of -
9 11 f.12
Limitations on authority and responsibilities-,,,-
9.13
Replacementof,........_ ....................................
8.2
Resident Projcet Representative
93
ENGINEER's Consultant -- definition oC,,,,,,,,,,,,,„,,,1.18
ENGINEER's--
authority and responsibility, limitations on ......... 9.13
Authorized Variations in the Wort:
9.
Change Orders, responsibility fcT,...... 9.7,
10, 11, 12
Clarifications and Interpretations ................3.63,
9.4
Decisions on Disputes .:............9.11-9.12
.. ...............
Ligactive Work, notice of ...... ............ .............._.1.3-1
Evaluation of Substitute Items _.-,,,_-----------------6.7.3
LiabilitY...................................................6i.32,
9.12
Nonce Work is ticceptable_......................._14.13
Observations .............................. ...6.30.2,
9.2
OWNFR's Representative_........................__--,„9.1
Payments to the CONTRACTOR,
Responsibility for .........................
...._...... 9.9. 14
Recommendation of Rayment....................14.4,
14.13
Article or Paragraph
i\Tun her
Responsibilities --Limitations on„ ...............
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
1-2.4
Shop Drawings and Samples- review
responsibility_ ............... ......................
.--- 6.26
Status During Cmstruction--
authorized variations in the Work ....
-.............. 9.5
Clarifications and Interpretations ...............
9.4
Decisions on Disputes-,-.... -,--„--_
-, 9.11-9.12
Determinations on Unit Pricz,„-,-_-__-.,,_,-_9.1U
FNGINF177R as Initial Interpreter ..........
9, l 1-9.12
F,NGTNF.F.R's Responsibilities,,,,,-„-
---9.1-9.12
Limitations on ENGINI FR's Authority
and Responsibilities„ ............................
9.13
OWNER's Representative ............. I .......
I ........ 9. I
Project Representative ................. ...
.............. 93
Rejecting DeJective Work ..............................
9.6
Shop Drawings, Change Orders
and Payments I
9.7-9.9
Visits to Site..................................................`�
Unit Price determinations,,.,--,,,,,-„---,--,,,--„----,-9.10
Visits to Site ...................... -
-.............9.2
Written consent required -„„ ---,,,,,,,,,,,,,,,,,,,,,,
7.2, 9.1
Equipment, Labor, iMaterials and
6.3-6.5
Equipment rental, Cost of the Work
1 1.4.5i 3
Equivalent Materials andEquipment....................„--
6.7
error or omissions., ...... I .............................
........... 6.33
Evidence of Financial Arrangements,,,,,,,,,,,,,,,,,,,„,-F.1
1
F,xplorations of physical conditions,-,- ....................
9?.1
Fee, CONTRACTOR's--Costs Plus,,,,,,,,,,,,,,,,,,,,,,,„,-1
L6
Field Order_
defmition of.....................................................1.19
issued by ENGINEER...........................1....
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 allovancesI
LS
General Provisions....................
17.3-17.4
General Requirements --
definition of.................................................1.2o
principal references tq,,,,,,,,,,,,,,2.6, 6.4,
6.6-6.7, 6.24
Giving Notice„ ............._
17.1
Guarantee of Work --by CONTRACTOR,-„6.30.
14.12
Hazard Communication Programs ...........
............
(Hazardous Waste --
definition of ......................................................1.21
general .......................-------- ... ...........----------.5
OWNFR's responsibility for........... I ......
.......... 1—&10
EJCDC. OLN RAI. CONDITIONS 1910.5 (1990 fiDl-LION)
wt CITY OF FORT COLLINS MODIFICATIONS iRBV 919')
1
1
1
Indemnification,.__ ..... __._.......... 16.1?- 6.16, 6.31-6.33
Initially Acceptable Schedules ........................... ..._,..2.9
Inspection—
Certificates o(..............................9.13.4. 13.5, 14.12
Final .................14.1
..........................................
Article or Paragraph
Number
Special, required byENGLVEER.........................
9.6
Tests and Approval ............ .................. .7,
13.3-13.4
Insurance --
Acceptance of, by OWNE-
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ...............
^.
Bonds and --in general ................
5
Cancellation Provisions—— .... ..........................
. S.S
Certificates of .......... ........ ,-? 7, 5, 5.3, 5.4.11, 5.4.13,
....................... 5.6. 5,5A 5.14, 9,114,
14.12
completed operations'.... ... I ..............
........ 5.4.1-1
CONTRACTOR's Liability.........•._••,••.-.••--.-•..,_...5A
CON'TRACTOR's objection to coverage .............
5.14
Contractual Liability ---- .-_...,_........_..............5.4.10
deductible amounts, CC:)NTRACTOR's
responsibility................................................5.9
Final Application for Payment ............ ...............
14.12
Licensed Insurers..................•..........-._-•.,.,.,......5.3
Notice requirements, material changes• .......
5.5, 10.5
Option to Replace...._. -. _ ....... ..... .. ....................
5.14
other special insurances....................................5.10
OWNER as fiduciary for insureds ............••5.12-5.13
OWNER's Liabilit}........ ....._....... ._............_....
.5.5
O\VNMR's Responsibility..............................-.....•8.5
Partial Utilization, Property Insurance ......
�. I
Property........•............................................S.6-5.10
Receipt and Application of Insurance
Proceeds................ ...............................
5.12-5.13
Special Insurance......___,
.... 5.10
Waiver of Rights ...... •._....................................5.11
Intent ofContract Documents•., .......... •........ I
...... 3.1-3.4
Interpretations and Clarifications'....,.•.............3.6.3,
9.4
Investigations of physical conditions•••, ......................
1.2
Labor, Materials and Equipment --,,.,...... ............
6.3-6.5
Lands --
and Easements•••.•,.•-.. .......................................
5.4
Availability of .............. ................. ..............
:4.1, 8.4
Reports and Tests ...... ..........................................
8.4
Laws and Regulations --Laws or Regulations --
Bonds
2
Changes in the Work ...................
......
Contract Documents
3.1
(:ON'fRACTOR's Responsibilities..•.....•.•.„••..•••6.14
Correction Period,de%clive Work•.•.•__,•.,•,•,..,.,13.12
Cost of the Work, taxes ...............................
1 1.4.5.4
definition o1'............-_....... ...... - ..........1.22
gencra16.14
Indemnification., .... •............................. ...
6.31-6.33
s
Insurance ................................. 5.3
...........-
Precedence 3A. 3.3.3
Reference to....................................................3.3.1
Safety and Protection ....,,•,._•.„_.-_,,,,_.,..•.6.21t, 13.2
Subcontractors, Suppliers and Others..• ........ 6.8-6.11
Article or Paragraph
Nu1n her
Tests and Inspections, ........ .............
.... 13. 5
Use of Premises..
6.16
Visits to Site............_ .................._......
9.2
Liability Insurance—
CONTRACTOR's...............................................5A
OWNER's...........................................................5•
Licensed Sureties and Insurers ............ ........... •..__..
5.3
Liens—
Application for Progress Payment ...
----- 14.2
CONTRACTOR's Warranty of Title ... I ............
I ... 14.3
Final Application for Payment ................... •••••,1.4.12
definition of
l.2i
Waiver of Claims...........,•.• ........._,....•..•....,.14A
i
Limitations on ENGINEER's authority and
responsibilities .._................. _....-.....................
9.13
Limited Reliance by CONTRACTOR
Authorized ...... ............................ ............ .........4.2.2
Maintenance and Operating Alanuals--
Final Application for Pavinent ...... ........•,.,..,...-•14.12
Manuals (of others) --
Precedence .....................
. _3.3.1
Reference to in Contract Documemn ......•••.•.•••••
3.3.1
Materials and equipment --
furnished by COtirl'RACTOR--.------- . ....................
6.3
not incorporated in Work., .................................14.21
Materials or equipment --equivalent.....•,.,,• ...... _•....••.•6.7
(Mediation (Optional) ..............._••..
16.7
Milestones --definition of••••••••••••••,••••.•..•.••.••••••..•.••
1.24
Miscellaneous—
Computation of Times ....................
17.2
Cumulative Remedies.........................................17.4
Giving Notice .................... _.............. ..............
Notice. of Claim .................. .... ... ___........,..•_...17.3
Professional Fees and Court Costs Included.•••.•.••IT5
Multi -prime cont riots _-,.,•„_...,_.. ...•.....................4
7
._..3.2
Not Shown or indicated --..._ .......... . .... ...... ............
Notice of--
Acceptability of Project ... ..... ....... ...... ...............
14.13
Attiard, definition of.........................................1
25
Claim ...................
...........................................
17-3
Defects,13.1
Differing Subsurface or Physical Conditions_.._-
4.2.3
Givine
1.7.1
Tests and Inspections•. •.. _.................. _ _........... 13.3
Variation, Shop Drawing and Simple.................6.27
Notice to Proceed --
definition of..................................................."1-26
diving of ...................... I.,..........-'.3
EJCDC GENERAL CONDITIONS 1910.3 (1990 EDHION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99j
I
I
Notification to Suret-v
10.5
testing independent 13.4
Observations, by FNGINFER ...... ...............
9.2
use or occupancy
Occupancy of the Work ... ....... 5.15. 6.30.14.
14.10
of the Work- .................. 15. 6.30. 2. 4. 14.10
s Omissions or act. by CON' .................
6.9, 9.13
written consent or approval
Open Peril policy form, Insurance .......................
_ 5.6. '1
required .......... ............... . . ........ 9.1, 63, 11.4
Option to Replace ...................................................5.14
5.14
Article or Paragraph
Number
"Or &lual" Items .................
6.7
Other work 7
Overtime Work --prohibition of ............. ....................
6.3
OWNIER- -
Acceptance ofdefective Work ..................
...... _1 ' .1.1-3
appoint an ENGINEER ........ ......................
....... 8.1
as fiduciary,, ..........................................
_i. 12-5.13
Availability of Lands-, responsibility --_..,_
I ......... 4.1
definition of............. -_............-.........I......
..1.27
data, furnish... ............... _.. .. ............... .
s�_
.... ...... .1
May Correct D�Iecfive Work . ...........................
1.3.14
X,lay refuse to make payment
147
May Stop the Work ......................... .................
13 10
May Suspend Work,
Terminate 1110,
Payment, make prompt .......... ............ S.3, 14.4,
15.1-15A
14.13
performance of other work .......... I ........
, 7.1
permits and licenses, requirements.--,_."" _
......... 6-13
purchased insurance requirements ...............
CAVNE R s- -
5.6-5. 10
Acceptance of the Work .......... ..................
Change Orders, obligation to execute ............
S.6, 10.4
Communications
Coordination of the Work
74
Disputes, request for decision ..........................
9.11
Inspections, tests and approvals., ..... ....
8.7. 13.4
Liability Insurance .......... ......
.... 5.5
Notice of Defects
I
13-1
Representative --During Construction,
ENGINF.'FR's Status
9.1
Responsibilities—
Asbestos. PCBs, Petroleum, Hazardous
Waste or Radioactive N4.iterial
8. 10
ChangeOrders ..............................................
8.6
Changes in the Work ......... ........ ...........
. V), I
communications
8.1
CON`TR.11CTOR's responsibilities ... ...
... &9
evidence of financial arrangemen*ts; ..............
8.11
inspections, tests and approvals ....
-.8.7
uisurance
13.5
lands and easements .....................................
8.4
prompt payment by i.. ..... * ... * .... *** .........
. 83
replacement of ENGIi�EER ................
...... 8.2
reports and tests '**.............. . ......
8-4
stop or suspend Work .............. .... 8.8, 13.10, 15.1
t,riiiinalc,C(DNTR,,k(--TOR's
services......... ........._................8.8,
15.2
wparate representative at site
............... I ...........
93
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LJCL)C. GENERAL CONDI FIONS I9t0-8 (1990 EDHION)
w/ CITY OF FORT COLIXINS INIODIFICATJONS (RF.V 9199)
I
SECTION 00500
AGREEMENT FORMS
00520 Agreement
00530 Notice to Proceed
Rev 10/20/07
Section 00300 Page 1
F�
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Article or Paragraph
Num her
written notice required_,-,,,,,,,,,„ „ .....7.1.
9.4, 9.11,
...................................11.2,
119, 14.7, 15.4
PCBs --
definition of ....... ..............._.............
....... ..........1.29
general.................................................I............4
5
OWNTER's responsibility fur ..................
.... _... ,,,b.ICY
Partial Utilization --
definition of,-,,,,,-,-- .............�....................
. 1.25
genera16.30.2-4, 14.10
Property Insurance
5.15
Patent Fees and Royalties ...................................
I ...6.12
Payment Bonds.._., ...... .............................
..........5.1-5.2
Payments, Recommendation of ..............
14.4-14.7, 14.13
Payments to CONTRACTOR and Completion—
Application for Prop ressPaynlents .....
................. 14.2
Cl)NTRACTOR's Warranty of I'itic„-.................
14.3
Final Application for Payment„........................14.12
FinalInspection ..... .--......................................
14-11
Final Payment and .acceptance ................
14.13-14-14
general.........................................................8.3,
14
Partial Utilization,
Retainage..........................................................14.2
Review of Applications for
Progress Payments .... ................ ........
14.4-14.7
prompt payment ............... ...................................$.3
Schedule of Values-,---,. , ,
14.1
Substantial Completion,_ ............ -...............
14.8-14.9
Waiver of (Claims ............................
.. 14.15
when payments due ................................
14.4, 14.13
withholding payment--__,_,,.-
14.7
Performance Bonds .................. ......—............
. 5.1-5.2
Perm its ...................... ...............,. ...................
... 6.13
Petroleum --
definition of......................................................1.3tt
general
OIUNER's responsibility for..., ...... .........
------ 8.10
Physical Conditions --
Drawings of, in or relating to ......................
4-2.1.2
F,NGIN ER's review ...........................
4.2.4
existing strictures
'
general 4.2.1.2
Notice of Differing Subsurface or,,,,,,,,,,,,,,,,,,,,,„4.2.3
Possible Contract Documents Chan_r4.2.5
Possible Price and Times Adjustments ..........
... 4.2-6
Reports and Dra%vings......................................4.2.1
Subsurface and ............... .............. ..................'.4
SubsurfaceConditions.............................4.'<
1.1
Technical Data. Limited Reliance by
(;()N"I'RACTOR Authorized,........ ...............
4.2-2
Underground Facilities --
general......... ..... ............................ I .............
4.3
Not Shown or Indicaed........__.................
4.3.2
Protection of.........................................4.3,
6.20
Xii
Article or Paragraph
Num her
Shown or Indicated.-._ ..........................................
4-3.1
Technical Data... .....................- ...................4.2
2
Preconstruction Conference... ....................................'.S
Preliminan• (Matters
Preliminary Schedules,,,,,,,, ,
...................I..............
2.6
Premises, Use of.-_-_-,,,,-„ ...............................
6.16-6.15
Price, Change of Contract ..................................
Price, Contract --definition of ......... ......................
1.11
Progress Payment, Applications for ....... _,,,,_„__,_„„,14.2
Progress Payment--retainaaq _.....-„-
_._,-_,,, 14.2
Progress schedule, CONTRACTOR's.,,.........
_.6, 2.5, 2.9,
...... - ....... .............. 6.6, 6.29.
10.4, 15.2.1
Project --definition of.. ..................... ....................
1.31
Project Representative--
ENGINELR's Status During Construct ion ,,,_-,- ...... 9.3
Project Representative, Resident --definition of,-._-,_- 1.33
prompt payment by OWNFR......................................8.3
Property Insurance --
Additional................................ ......................'.
7
uenera15.6-5.10
Partial Utilization ........ -._.--.---._-_......-5.15.
14,It1?
receipt and application of proceeds - ...........
5.12-5.13
Protection, Safety and ......... ........ .............6.20-6.21,
13.2
Punch list
1.4.11
Radioactive ivfateriai--
defintion of ... ,-......
1.37
general4.5
OWNER's responsibility for..---„,,,,,,,,,,,,,,,
„ , r. 10
Recommendation of Payment ................. 14.4, 14.5, 14.13
Record Documents-__ _
.6.19, 14.12
Records, procedures for maintaining ..........................
Reference Points.......................................................4.4
Reference to Standards and Specifications
of Technical Societies ..............................
33
Regulations, Laws and(or)...... .........
6.14
Reiectingl)e ecrive Work
.f.........................................9.6
Related Work --
at Site .... ........................7.1-7.3
..
Performed prior to Shop Drawings
and Samples submittals review...
............... 6.28
Remedios, cumulative ............ .............
..... 17.4, 17.5
Removal or Correction ofl)gfeetive Work
13.11
rental agreements. OWNER approval required
..... 1 1.4.5.3
replacement of ENGINNEER. by OWNER ....................
S.2
Reporting and Resolving
Discrepancies........ ? 3.3.2, 0.14.2
Reports_
and Drawings-_... ........ .........
.............. 4. 2.l
and Tests. MrNER's responsibility. I .......
I............ 3.4
Resident and Project Representative --
definition of ..... ........................ -.......................1.33
provisionfor............................................................ )..i
E.10)C GENER:1L COMATIONS 1910.5 t1990 EDftiON)
tie! CITY OF FORT CO1.JJNS MODIFICATIONS (REV 9/99)
'
Article or Paragraph
Number
Article or Paragraph
'Number
Resident Superintendent, CONTRACTOR's
................ 6.2
'
Responsibilities--
submittal required ........ ............. ____ ...................6.24.1
CONTRACTOR's-in general ..................................
6
Submittal Procedures................................
........ 625
use to approve substitutions .._....._....._._...6.7.3
......
Shown or Indicated
43.1
ENGINELR's-in general........................................9
Site Access ...........................................,.........
7.2, 13.2
Limitations oR.............. ...........
........... ........ 9-13
Site Cleanliness................ .....................................
6.17
OW1iERs-in general.............................................8
Site, Visits to--
Retainage............................................................1.4.2
by ENGUEER
9.2, 13.2
Reuse of Documents .............. ....................
..............
3.7
by others
13.2
Review by CONfRAC'fOR' Shop Drawings
"special causes of loss" policy form,
and Samples Prior to Submittal..._....
I ....... ..........6.25
insurantz ...........................................
; 2
Review of Applications for
definition of.....................................................1.36
'
progress Payments ...... .......... ...._.........
..... 14.4-14.7
SpeciGcations--
Right to an adjusunent............................................10.2
definition of......._.............._................_..._
.... 1.36
Rights of Way.... ............... ......_.._.........
... . .... 1.1
of Technical Societies, reference tq....-.,_..__.-..-3.
3.1
Royalties, Patent Fees and... .......................6.18
6.12
precedence ..................... .......... .......................3,3.3
'
Safe Structural Loading,, ... I. ... ...._
Standards and Specifications
Safety--
of Technical Societies ........................... ............
3.3
and Protection ...... ............... .........
_4.3.2, 6.16, 6.18,
Starting Construction, Before....-.._.....................?
; S
..._._.........._.. - ..._6.20-6.21,
72, 13.2
Starting the Work ........... ..................._
_
v
......... 2.4
'
general .,
6.20-6.23
Stop or Suspend Work--
Representative, CONTRACTOR's,,,,,,,,,,,,,,,,,,,,,,
6.21
by CONTRACTOR,,,,.„-„-,..„„,,,,.....................1i.-;
Samples--
by OWNER......................................8.8, 13.10, 15.1
definition of . .... ................ ........_.....,__.........
general...................................................6.24-6,28
.,_1.34
Storage of materials and equipment ........ I ........
Structural Loading. Safety.... ....... .. ...... .................
,_.4.1, 7.2
6.18
Review by COl7TRr1CTOR............_
..................6.25
Subcontractor --
I ...
Review by ENGINEER ..............................6.26,
6.27
Concerning ........... .........................
6.8-Ci. l 1
related Work............................I.......................6.28
submittal of
624.2
...........
definition of..............................
delays .......................... ...........
....1.37
1'- -'
submittal procedures.........................................6.25
....... ......_....-
waiver of rights.................................
6.1
Schedule of progress ......... _..... ............_.6.
2.8-2.9. 6.6.
Subcontractors --in general,.,,„-,,,._.._........,,.,, ...16.8-6.11
........................................6
29. 10.4, 15.2.1
Subcontracts --required provisions._......5.11, 6.1
I, 11.4.3
'
Schedule of Shop Drawing and Sample
Submittals--
Submittals ... ... ....................... 2.6,
2.8-2.9, 6.24-6.28
Applications for Payment,,,.......
_.
Schedule of Values-_ .......................
2 .6, ? 8-2.9, 14.1
Maintenance and Operation LManuals..
14.12
Schedules--
............
Procedures
Adherence tq.....,_..............................._
...15.2.1
...................................... ..........
Progress Schedules..... ......,..,............._........
2.6. ? 9
2.9
Adjusting...........
6.6
Samples ................. ......... .............._........
.624-6-=K
Change of Contract "times.................................16.4
Schedule of Values.................................
^_.fig 14.1
Initially Acceptable ............ __,............
.......... .8, 2.9
Schedule of Shop Drawings and Samples
Prelim mart' .... ........ ........
2.6
Subm issions...................2
6, ? 8-`'.9
Scope of Chan Les .................... .
10.3-10.4
Shop Drawin...__.. ..............
gs,.,
6.24-6.25
Subsurface Conditions... ......... ..............
............ A 2. 1. 1
Substantial Completion—
Shop Drawings--
certification of .................. I., ....... 6. 30.2.3,
14.8-14.9
and Samples, general ......... ...............
....... ..G.24-G.28
definition ef.....................................................1.38
'
Change Orders & Applications for
Substitute Construction Methods or Procedure$ ........
6.7 2
Payments, and ..........
9.7-9.9
Suhstitutes and "Or hqual" Items
6.7
definition of,., ......... ... .........
I.... .._.., 1.35
CONTRACTOR's Expense.....
....b.7.1.3
ENGINFEN's approval of .......................I......
..........
ENGINEER'- R'- Elvaluation..................._...........6.7-3
'
I NGINEER's responsibility
"Or -Equal.. ........................_ .....,..
for review .....................................
9.7, 6.24-6.28
.._ ..........6.7.1.1
Substitute Construction Methods
related Work ...................._... _....._.........
--6.28
'
review procedures................................2.8,
6.24-6.28
xiii
L1CDC. GENERAL CONDITIONS 1910-81.1990 ED111ONJ
wl CITY OF FORT COLLINS MODIFICATIONS tRF.V i/99)
I
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Article or Paragraph
Number
or Procedures.............. ................
...... ....... 6 ' 7.)
Substitute Items... ... ....... ....... - ............
�6.7. 1
Subsurface and Physical Conditions --
Drawings of, in or relathe to .... ..........
...... 4.22. 1 . 2)
ENGLNNE,ER!s Review ......................................
4.2A
general.......................... ...................................
4.2
Limited Reliance by CONTRACTOR
Authorized .... * .. ... ...
4.2-2
Notice of Differine Subsurface or
Physical Conditions ...... ........ ..................
4.2.3
Physical Conditions ............ ............
4.2- 1 _2
Possible Contract Documents Chance
4.2.
Possible Price andTimes Adjustments-,
....... ...... 4,2,6
Reports and Drawines ...................... ................
4.2.1
Subsurface and ....................................................4.2
..... ** ................. * .......
........ 4-2
Subsurface Conditions at the Site ....................
4-2.1.1
Technical Data .................................
4-2.2
Supervision--
CONTRiXCTOR's responsibility........__
...... _ ........ 6.1
OWNER shall not supervise .......... I ......................
8.9
FNCTTNEFR shall not supervise,,,,,,,,,,,,,,,,
9.2,9.13.2
Superintendence . ............. *"'* * . ' '*** ........ ....
* - -''" " 6-2
Superintendent. CONTRACTOR's resident .........
...... 6. 2
Supplemental costs _* ...................... * .......
1.4.5
Supplementary Conditions_
definition of ...................... * ...... * ............
1,39
principal references to.......... •.......U 0,
1.1 '). 2, ? 7,
....... ......... .... 4.2t 43, .511, 53, 5A, 5.6-5.9.,
... I ....... I ..... 5.11, 6.8, 6.13, 7.4, S. I It 9.3, 9.10
Supplementing Contract Documents ......
......... 3,6
Supplier --
definition of ..................................I.................1.40
principal references to ............ 3.7, 6.5, 6.8-6.11, 6.20,
.. . ..... ....... ........... ..... . .. &24, 9.13, 14.12
Waiver of RiLhts .........................
6.11
Surely --
consent to final payment ........................
14, 12, 1414
ENGI'NFER has no duty to .................................
9.13
Notification of .. ... .... ...... ------- 10.1,
10.5, 15.2
qualification of-..__..-.., -----------------
5. 1 -' i.3
Survival of Obligations ....................... _
6.34
Suspend Work, OWNER Play ........................13.10,
15.1
Suspension ol'Work and Termination--
..........
I
I ............i.
CONTRACTOR May Stop Work
or Terminate
15,5
OWNER iMay Suspend Work ..............................
15- 1
MrNFR IMay Terminate... .................... I
..... 15. 22 - 15.4
Taxes --Payment by CONTRACTOR. ...............
........ 6-15
Technical Data -
Limited Reliance by CONTRACT0R. ** ................
4.2.2
Possible Price and Times Acl�justmenls ..............
4. 2. 6
Report,; of Differing Subsurface and
Physical Conditions ...................
4.13
-xiv
Temporary construction facilities-----__... _ .............. 4.1
Article or Paragraph
Num ber
Term inat ion --
by CONTRACTOR -1 ............. .......
........ 15. 5
by OWNER ..................... ...... ............
�,S, 15J-15.4
of ENGINEER's employment,„ ............................
8.2
Suspension of Work-in general
.... I ................
15
Terms and Adjectives * .. ...... ......... . ........
3.4
Tests and Inspections --
Access to the Work, hy others.., .........................
13
CONTRAcroR's responsibilities .......................
13-5
cost of 13.4
covering Work prior to ............... ..............
13.6-13.7
Laws and Regulations (or)_,
13.5
.
Notice of -Defects., ....... I ----.................................13.1
(MWER May Stop Work . ........ ... ....
13.10
0W`NTFR's independent testing ..................
13.4
special, required by 1'-"NGFNIE'B�*......
.........................
9.6
timely notice required......... ......... .........
13.4
Uncovering the Work, at EN'GrNE-ER's
request, .................... . ......... ......
....... 13.8-13.9
'rimes--
Adjusting.......... ........ .....................................
. 36
Chance of Contract .......
12
Computation of... * ..... ....... ......
17.2
i
Contract Times -definition of
1.12
day-- ----------- ..........
Milestones ..............................................
..... 12
Requirements --
Appeals............... -------- ...............
___ .... 9,10, 16
clarifications,
claims and disputes .......... _... _.9.1
1. 11.2. 12
Commencement of Contract Times
2.3
Preconstruction Conference
............
schedules ... ..... * ............. ..........
..6, 2.9, 6.6
Starting t�c* Workor'k'
I........ ..... I ... .....
2
� ............. -.4
Title, Warranty of ..... I .................. I ...........................
14.3
Uncovering Work ........ ........... � I ......................
13.8-13.9
Underground Facilities, Physical Conditions --
definition of .... * ..... ** .........
1.41
Not Shown cr Indicated
protection of.* ...... ....... ..
4.16.20
Shown or Indicated, .........................................
4.3.1
Unit Price Work, --
claims ....... . ....... * .. ..... . ........................
11-9-3
definition of ............... * .........
1.42
general 11 .9, 14.1, 14.5
Unit Priccs--
general 11.3.1
Determination for .... ......
9.10
Use of Premises _ ...... ....... .... 6.16, 6.18, 6.30-2.4
Ut i I ity 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 . ................................ 1
11-3
Values. Schedule of.............................2.6.
2.8-2.9, 14.1
E-JCIX: GENMAL CONDITIONS 1910-5 (1990 EDITION)
%V/ CITY OF FORT COLUMMODIFICATION'S (REV 9199)
I
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Variations in Work --Minor
Authorized........ _............._......_...6.'=
, 6.27, 9.5
Article or I'Raragraph
'
Number
Visits to Site --by ENGINEER ....................................
9.2
Waiver of Claims --on Final Payrnent
14.1
Waiver of flights by insured parties ,,,,,,,,,,,,,,,,,,5.11,
6.11
'
Warranty and Guarantee, General --by
CONTRACTOR .................... I .... 1..1..
.............. _ 6.30
Warranty of Title, CONTRAC_TOR's........................14.3
Work --
'
Access to .............................. .
__...1-3.2
byothers...............................................................
7
Changes in the.....................................................11)
Continuing the.........................top
.6.29
'
CONTRACTOR z24ay SWork........................
or Terminate............................................._J5.5
Coordination of ....................................................
7.4
Cost of the, ,. ,
11.4-11.5
definition of .. .
1.43
neglected by CONTRACTOR .....................
,,,,,,.1.3. 14
other Work .................
OWNER May Stop Work .........
............1110
'
OWNF..R May Suspend Work
13.10, 15.1
Related, Work at Site .... ........................
I ........ 7.1-7.3
Starting the, ........... .....................2.4
Stopping by CONTRACTOR
Stopping by OWNER........... ......
.............1.5.5
15.1-15.4
Variation and deviation authorized,
m inor........... 3.6
Work Change Directive--
claims pursuant to .............•.. ...................10.2
'
definition of
1.44
principal references to_ ..,,..........
3.5.3, 16.1-10.2
Written Amendment --
definition of.,,....,,._-_,.
.................
principal references tq,,,,,, ,,,,,,,1.10, 0,
........ ...1.45
3.5, 5.10,15.12,
............... �,.6.27 6.5.2,
6.19, 10.1, 10A,
............................1.1-2, 12.1,
13.12 27 14.T2
Written Clarifications and
Interpretations .......... ..... I ..... I.............
3.6.19.4, 9,11
lk%ritten Notice Required --
by CONTRACTOR ............................
7.1, 9.10-9.11,
.............
Ui.4, 11.2, 12.1
byO4VNER............_..._.y.lp-9.11; 10.4,
il?, 1.3.14
1
CJCDC. GETIERAL CONDITIONS 1910.8 (1990 L•-DI-nom
w/ CITY OF FORT COLLINS MODIFICATIONS MY 9/99'1
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("Phis page left blank intentionally)
EJC-DC GENERAL CONDITIONS 1910 •S 11990 EDITION)
wY CITY OF FORT COLLINS MODIFICATION'S (RFV 9/W)
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GENERAL CONDITIONS
ARTICLE 1-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify. correct or
change the Bidding- Requirements or the Contract
Documents.
1.=. Agreement -The %ATitten contract between OWNER
and CON"fR.ACTOR 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 Pavrneru-Tlie form accepted by
HNGINF.,FR which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1 A. Asbestos--Anv 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 Stites Occupational Safety and Health
Adm irtisn ation.
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 Docimientr-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.
1.fi. Bonds-Perfornmance and Payment bonds and other
instruments of security.
1.9. Change Order -A document recommended by
L NIGIN1MP, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
kreement.
1.10. Contract Docrmienls-The Agreement, Addenda
(which pertain to the Contract Documents),
CON'fRACTOR's Bid (including documentation
accompanying the Bid and any post Did documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Procced, the
Bonds. these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
DCUC UENER L CONDITI ONS 1910-5 (1990 L&Ln)
wI C17Y OF 1--Olt7' COLLI NS htODI1,' I C.A7lONS (MV 4(1000 )
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGNEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5. 3.6.1 and 3.6.3 cat or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
I.I1. Contract Price -The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with'tlie 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 1:NGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. COAL R4CTOR--The person, firm or corporation
with whom OWNER has entered into the Agreement
1.14. defective -An adjective which when modifying
the word refers to Work that is urisatistactory, faulty
or deficient in that it does not conform to the Contract
Dok cunncnts, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Document-,, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial C..omple6on in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred'to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. E&ctive Date of the Agreement -The date
indicated in the Agreement on which it beconmes effective,
but if no such Bite is"indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sipri and deliver.
1.1T Er.'GI TER -The person, firm or corporation
named as such in the .Agreement.
1.18. EMGINEER s Consultant- :A person firm or
corporation having a contract with ENGINE -ER to furnish
services as 1:90INrEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order -A written order issued by
ENGIN'EER which orders minor chin`=es in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
11
r]
u
120. General Requirements —Sections of Division 1 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 690.i) as amended
from time to time.
1._2.8. Laws and Regulations; Latrw or Regulations --Any
and all applicable laws, rules, reg. ulalions, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
L22.b. Lolal Holiclays--shall be those holidays observed
by the Citv of fort Collins.
1.23. Liens --Liens. charges, security interests or
crtcumbrances upon real property or personal property.
1.24. Hilestone-:A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.23. Notice oJ'Awarci—A written notice bye 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,
OXX,i\ R will sign and deliver the Agreement.
1.26. Notice to Proceeci—A written notice given by
OWNER to CONTRACTOR (with a copy to FZxIGINE6R)
fixing the cote on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to p erfi�rm CONTRACTOR'S obligations under the
Contract Documents.
1.27. OJJ'XER—The public body or authority,
corporation, association, firm or person wilh whom
CONTRACTOR his entered into the Agreement and for
whom the Work is to be provided.
1.28. Partial Utilisation —Use by OYkWl3R of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion ofall the Work.
1_29. PCBs —Polychlorinated bipheny Is.
1.30. Petroletun--Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non-FImmrdous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Cohtract
Documents,
132.a. Radioactive dlaierial—Source. special nuclear, or
byproduct material as defined by the Atomic Fneray Act of
EXL)C UENEKAL CONDITIONS 1910-5 (1990 Ettitim)
ter CI Y OF FOR'r COLLINS NIODIMCATIONS (REV -1 P000!
19�,4 (42 USC Section 201 1 et seq.) as amended from
time to time.
132.b. Regular lYbrilne Hotrrs--Regular working hours
are defined as 7:0C)am to 6 n0vm unless otherwise
sxcified in the General Requirement--.
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assipmed to the
site or any part thereof.
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Dratiings--AII 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. Speciftcatioim—"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 applicahle thereto.
137. Subcontractor -An individual, firm orcorporation
havins a direct contract with CONTRACTOR or with atry
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Srd5stantial Completion —The Work (or a
specified pan thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGENEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
pan) 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 ENGTNIEF.R's written recommendation of
final payment in accordance with paragraph 14.13- The
terms "substantially complete" and "substantially
completed" as applied to all or pan 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. Undergrotnad I•acilities—All pipelines, conduits,
ducts, cables, wires, manholes, vaults. tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
'J
materials electricity, gases, steam, liquid petroleum
products, telephone or other communications. cable
television. sewage and drainage removal, traffic or other
control systems or welter.
1.42. (brit Price lVork-Work to he paid for on the basis
of unit prices.
1.43. lFoA--The entire completed construction or the
various separately identifiable parts thereof required to be
furnished tinder the Contract Documents. Work includes
and is the result of performing or furnishing labor and
famishing 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. t101 Change Drective-A written directive to
CONTRACTOR. issued on or after the Effective Date of
the AcTeement and signed by 011'NFR and recommended
by ETTGIiNEER, 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 43 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45, ;Viltten Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the none ngincering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2-PRELLNUNARY \MATTERS
Delivery gfBonely:
2A- When CONTRACTOR delivers the executed
Agreements to OWNER, CON -TRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
22 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as aree reasonably
necessary for the execution of the Work. additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EXDC UENER AL COND111ON'S 1910-a (1990 E(htiw)
u! CITY OF FORT COLLI NS MODIFICATIONS (REV 4R 000)
I
if a Notice to Proceed is given, on the day indiclted in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days alter the Effective Date of the
Agreement.-4n no-ereni-wtff-Ehii-Frnt>Tw!-�itn
e�rn[ttrrr tc� rtlrr fetrFthan tl siicth cfRy-�tCter the-cfer
of-B id-opening-or-the-thirtieflyday-a iter-the-F,'#tectivr-1-)ete
of-thr-Aererrn ent-whichever-elate-iszar! ter:
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run.
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run,
Before Starting Construction:
2 Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
Ggures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
%writing to ENGINEFR. any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGTNF,FR before proceeding with any Work affected
thereby; however, CONTi..ACTOR shall not be liable to
OWNFR or FNGTNF.FR for failure to report any conlliLt,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOk knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Mork, including
any Milestones specified itr the Contract Documents;
3.6.2. a preluninary schedule of Shop Drawing an(]
Sample submittals which will list each required
submiuil and the times for submitting, reviewing and
processing such submittal;
2R62.1. In no case _ will a schedule be
cceptablz which allows less —than calendar
days fir each review by Engineer.
2.6.3. A preliminan• schedule of values for all of
the Mork which will include quantities and prices of
items agu egating the Contract Price and will
subdivide. the Work into component parts insufficient
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.
CONiRACTOR a shall eaeh deliver to hhe
ether 01111ER, with copies to �dt �surctl
identified-i+}the-StrpplerNenttrry•-1=ctnditaot�s Ff�rGIN}3FR,
1
certificates of insurance (and other evidence of insurance
is#tiesh-eit#trr--taf--tktt�ttt-car--t+ny--afldit�ntrl-inxarc�l-mew"
reasonably—rectuest requested by OiNrNER) which
CONTRACTOR-mid-04k�1vT4 -rds e v,u y-are is required
to purchase and maintain in accordance with
paragraphs 5.41-3:6 and 54.
Preeonstruction Conference:
2.8. Within twenty days after the Contract Times start to
nun but before any Work at the site is started, a conference
attended by CONTRACTOR ENGINEER and others as
appropriate will be held to establish n 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.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents, at least t
Application-trx-Payment before anv work at the site be,in�
a conference attended by CONTRACTOR, FNGVVEER
and others as apprctfx-iata designated by 011rNFR. will he
held to review for acceptability to ENGINEER as provided
Below the schedules submitted in accordance with
reragraph2.6. and Division l- general Rec irement,�.
CONTRACTOR shall have an additional ten clays to niake
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 fNGiNEER as provided below. The
progress schedule will he acceptable to FNGINMER as
providing an orderly progression of die Work to
completion within any specified Milestones and the
Contract Tunes, but such acceptance will neither unpose on
ENGINTEER responsibility for the sequencing, scheduline
or progress of the Work nor interfere with or relieve.
CONTRACTOR from CONTIZACTOR's full
responsibility therefor. CONTRaCTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGNEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
ACNLEINDIaNC, REUSE
intent:
3.1. The Contract Documents comprise the entire
agreement between MWER and CONTRACTOR
concerninu, 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 late of the place of the
Project.
3.2. It is the intent of the Contract Documents to
LJCLvC. ciENL•'ttAL CONDI'11Ot4S 191"(1990 EcGtimi
%vi ai-y OF FOit,r COLLI NS MODIFICATIONS (REV 4Q000)
describe a finhctionally complete Project (or part thercol)
to be constructed in accordance with the Contract
Documents. .any Work. materials or equipment that may
reasonably be inferred from the Contract Dcx:uments 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 to accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be, issued by ENGINEER is provided in
paragraph 9.4.
3.3. Reference to Sllandarek and Specifications of
Technical Societies, Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at die time of op ening 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 i,aw or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of anv
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGliv-EER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by praragr-aph623) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNTTER or
ENGNEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall lake
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard.
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Oocuments); or
3.3.3.2. the provisions of any such ]Haws 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
FiNIGINEER, or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNIsR,
ENG NF.ER or anv of EN IGINrF.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. lllienever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable" "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGfN ER 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 m
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
fumishing 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.
Amen&ng and Supplententurg Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the followin_z Nvays:
3.5.1. a formal \Written Amendment
3.5.2. a Change Order (pursuant to paragraph 10.4)
ERM)CtiENERALCOND IONS 191" (1990 Erbriari
mvlCIlY 01; I;OR7'COLLINS t\tOD1FiCA'rtC)NS tREy 4ROtlOI
3.5.3. a Work Change Directive (Pursuant to
paragraph 1 p.1)-
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may he authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5'),
3.6.2, ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27). or
3.6.3. ENGIN-EER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other Nm. n or organization performine or
furnishing any of the Work under a direct or indirect
contract with OWNT R (i) shtall 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 hearing the scat of ENGINEER or
FNGII,TEER'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 ENGLNEER and specific
wTiuen verification or adaptation by ENGINEER.
ARTICLE 4--AVAILABILITY OF L:L\DS;
SI SURFACE. XND PHYSICAI, CONDITIONS;
RF,FERFNTCF POINTS
:frailabilihy ofLanA-:
4.1. O\\'LATER shall fitrnish, 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 COIINTRACTOR Lipon-reasonable-written-request;
G"ENER s.mn-ica-ruse-�-c3�=i-ie-,c-roc-it�tth-tt--e7ElFri�'i
statement-of=record-k2ea I-title-and-legat-description-of-the
lands apart-whteh-the Work-is-to-barperformed-entl
6U1k vLR's-interest-therein-as-necessary for- giving -notice
of-or—filing-a-macftamc s-Nett-agaanst--such-la nds-in
air-dans;a--x it#t a }ic�[ibla Laws and Regttltttiens-
OWNER shall identify any encumbrances or restrictions
not of general application but sTvcifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work Easements for
permanent structures or permanent changes .in existing
facilities will be obtained and paid for by O\\?`TER unless
otherwise provided in the Contract Documents. If
CO1\1TRAG-1'OR 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 OWNT.R's furnishing these lands, rights -of -
way or easements. CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
SECTION 00520
'
AGREEMENT
'
THIS AGREEMENT is dated as of
shall be effective on the date
the 16th day
this AGREEMENT
of June in the year of 2010 and
is signed by the City.
The City of Fort Collins
(hereinafter
called
OWNER) and
'
Cutler Repaving, Inc.
(hereinafter
called
CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the
mutual
covenants hereinafter set
forth, agree as follows:
'
ARTICLE 1. AGREEMENT RENEWAL & WORK
'
Renewal. This Agreement is a renewal
the parties on the 31st day of January,
of the Agreement entered into between
2008,
entitled Hot In
Place Recycling
Project, Bid No. 6077, City of Fort
Collins (hereinafter
called The 2008
'
CONTRACT)and all portions interpreted
This work shall consist of rehabilitating
as if the same were
the existing
attached hereto.
surface layer
of
existing asphalt pavement with specially
designed equipment
in -a simultaneous
multi step process. This renewal is
authorized pursuant
to Article 3.1.1
Contract Period, of the 2008 CONTRACT.
This Agreement shall
be effective on
the date this Agreement is signed by
the City, and shall
continue in full
force and effect until February 1, 2011.
'
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Engineering Division,
who is hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
' 3.1 The Work shall be Substantially Complete within Thirty Five (35)
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 Forty Five
(45) 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.
Section 00520 Page 1
'
CONTR+1CTc )R 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 Ph .4eal C'ondtions:
4.2. I. 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
4.2.12. Plnsical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
' 4.2.2. Limited Reliance by CO2V77 4C7CIR Authorized'
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical &ita" contained in such
reports, and drawings, but such resorts and drawings are. not
Contract Documents. Such "technical data" is identified in
' due Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, HNGINEER or any of
INUINEER's Consultants with respect to:
4.2.2.1. the completeness, of such reports and
'
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques; sequences and
procedures of construction to be employed by
CONTR-ACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and inlomtation contained in such reports or shown
or indicated in such drawings, or
4.2 23. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data_ interpretations, opinions or
irilonnalion.
4.2.3. Notice of D erirts; Subsurface or Plrvsical
Conditions. If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
anv "technical data" on which CON-flZACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
'
4.2.3.3. differs materially from that shown or
' DCDC: UENERr1L CONDHIONS 1 J I M (1990 Editirnr)
6 W C91T OF FORT COLLI NS bIODIIlICA'rIONS (ItFV,12000)
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. • premp+Fly immediately alter
becornM2 aware thereof and before further disturbing
conditions affected thereby, or performing any Wort: in .
connection therewith (except in an emergency as
permitted by primamph 6.23), 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) until receipt of written order to do so.
4.2.4. ENGINRER's RLviety. LING INEER tvill
promptly review the pertinent conditions, determine the
necessity of OVIN'ER's obtaining additional exploration or
tests with respect thereto and advise GINNER in writing
(with a copy to C:ONTRACT012) of ENIGIitiEFR's
findings and conclusions.
4 ^ 5. Poxcible Contract Documents Change: If
H;1rGlNrF.hR concludes that a change in the Contract
Docwn tints 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.
42.6. Possible Price and Tintes .4cfi'uc1nrer[tS. An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent lttat
the existence of such uncovered or revealed condition
causes an increase or decrease. its, CONTR\CTOR's cost
of, or time required for performance of. the Work, subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
42.6 2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorisation of nor a condition
precedent to entitlement to.any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a knit Price Basis, any adjustment in Contract
Price will .be subject to the provisions of
paragraphs 9.10 and 1 1.9; and
42.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
i f;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CON'I'RACfOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times b1' the
' submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to COIvTRACTOR's making such fatal
commitment; or
' 4.2.6.4._ , CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
' if OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
"times, a claim may be made therefor as provided in
Articles 11 and 12, However, OWNER, EINGINEER and
' ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in wrinection with any
other project or anticipated project.
4.3. Pkvsical Conditions --Underground Facilities:
4.3,1. Viow? or1n&cate& 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 OXVTI R or FNGTNEER by the owners of
such Underground Facilities or by others, Unless it is
otherwise expressly provided in the Supplementary
Conditions:
'
4.3.1.1. 0XVINER and ENGTNI EER shall not K-
responsible for the accuracy or completeness of any
such information or data: and
'
4.3.1.2. 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 infonnation 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. , ul Shot or lnchcatecl: If an Under; round
' Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicatex in the
Contract Documents. CONTRACTOR shall, promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
' lxrfomting any Work in connection therewith (except
m an emergenc3^ as required by paragraph 6.23).
identiR, the owner of such Underground Facility and
' EJC.DC C;ENERAL CONDITIONS 1910 4 (1990 E(Elim)
%V(CITY 01:FORTCOLLINS\tOD111CATIONS(REV4ROu0)
give written notice to that owner and to OWIrER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent. if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time. CONTRACTOR shall be responsible for
Ole safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract I,)oeumcnis
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times; CONTRACTOR may make a claim
therefor as provided in Articles 1 I and 12. However,
OWNF..R, FNGTNFF.R and F..NGRJF.,F..R's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project. ,
Reference Points:
4A. OWNTER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTTRACOR to proceed with the Work.
CONTRACTOR shall be responsible for laying. out die
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the priorwritten approval of OR NE-R- 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 he
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos. PCBs, Petroleum, 11azardous Waste or
Radioactive .Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the. site OW`,NER shall not be responsible for any
such materials broutiht to the site by
CONTRACTOR. Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
E
•�-�--(=O�TR-Ai=TUR :slta ll-immaelintaly;-(i)•stc�p-al l
-L�'erl:-tn� atctrtlettstondtiicxtitnd
in-t}ny-art--a{Peeled-i#��eby-(e�cte-pt-ifl-an-rltxgget�
as--rre}ttirad-l�arag�}phi-? 33--anel--{+i3-ttExi fy
c�L'NC il�reafkr-confu+n
sueh-notice-•in-writing). ()W.NFR-shell--promptly
cx�nsult-tviEh-�IsNOFNEER eoncemirmg-the necessity -for
C3�FN-ER io-rat-tin-a-.qualified-exlxrt-to-ayaluata-such
hazardous <•-eEmrrcmWe m lien -if arw
CON=I=1iaC'1=(aR shall not-lx required to resume Work
in-ec�rmn�tion-wii#m-suslt-l;a�rrfdt-tux-cer�litien-oFin-an}
1-efirr-i?WN�R-lmtts obtained
any -required• -perm its -related -thereto -and -delivered -to
'N C�TFg9R sesiel w�ittert rtEmtisc (i} speEif}irma
that-such-senditien-and-any-alFestad ar�-s-<•.-,^� r ^;�'�en
-,;•,a-r� uumrxt.�rm-f�€-W.-x��r
Eli} sf�esif ang att�speeial CORkhtiarts-under-t hteh-sash
�4'orl:-rim ay-be-renamed--�.s►fely- l f -C) 411:�11�1i-tt rid
Hefee
C nor r o .� i rr�o as te-rntitlemenHe-ter
dme�t3mt<xt+tt-ar-rttatmt ef-art adjasirtmen'� if any, in
6car}iract Prise Of Cartiresi-�imzs as a recall of such
Worker-- such -spacia4 efmndiiies utr�yhish
WHrR-is-ageeedntad;
either-patiy-mcty-nmstke-a-sleim-ilmerefeF tts-proytded-in
:4r-1+c-les-l-l--an ci 1"
�1-?-3-1t-fl� ia?FfeGenfTEfYf-Sk26h-SIh'tifai-1yRiiCW-netl6a
C'()L 1 R11C=FC)R-dtks-notagree-to-resume-such-work
lased-tin-:3-rra ��ra��le-l�tief-it-is-trrtstrfe;-ar�#c�zrttot
agr�a-t,-�T,t; l- under -such -spacial
c�ndl rrt n,lrnrER . � y—orde' .. ch-F,^,rtian-ot
•" ,' z„�,sn,� t.i '«�^' :srin cc>x+naatian-with-such-ha?nrdous
condition -oI—Q'rTll4l]Z["IIGti �
agree-as•toenti tlemant-to •er-dine-rim Eoun t•or-extent-of-an
ttdjttstmerd, if a
!ts-a-result of-da(atng-sue. -'m.a;-:�•rrv, „���;;
giftmar-palmy-nmay-ntaka-a-clean-tharafcx as-provi<kd-in
.4tieles-H and 1 O,m..�D „rinnm•� �hrtklztLci
pcxti�wr-o[ the -Work pedommed--�v-OWF�TEit's-own
forcesor-caihaC-s in -accordance -with tlrticla 7-
44' 1, To fhz-mlk t-ex*m-pertxttted ley -Eaves -and
R agu la ti ors; -O W Ai•FR--sha l I-m de nt n 1 ty-and-hol d
]n�nrmless--------CptiTR1�CTnR; -----Sulx;o,mtrwiors;
E�vG WERR, -r-lei TRER2 r- Garei Cants -and-the
officers,,----directors,---antployees; ---agents.---other
ironwltants--and-sutacontmctcxs-of-ench-and-any-eC
them- from-and-auainst--al l--c la ims-costs:-losses-and
ti�nmages--arising--malt-of-or-ras�lting- frcnn- such
tttrat�loas-sior�liticxt; pretic�l-t#at=(tj-any-stls}t-claim=
cost-lens-or-damn<_e-is-atiri l>utable-to -bod i}y-injury;
siclerte••••, •' tl��te-irn}r:try-te-or-cic�trt+eiien
441ia;gibk-pf- >pffly (edwf-4an-the�4tself ..
including Eha-loss of use ras�iting-theraGcxn-end
(ii)-nothi» -in-this-subparagraph--4:5:4-shell-obligate
OV''NTsR-to-indemnify-any-parson-or-entity-•fivm-ancl
E!,-Hi st tlte-sensagaances of-tl3at-persen's-c>r-entnty!s
own neg ligence:
.i.G _ The provisieris 1,f-fx+f,,...aphs 4.2 --4-irrl'
tended
N Rzardou-- t 1'1'l "' }4=N-I�Jlail'rial--an661'2rtC�
04`48 c;;i�.1-.«.-n�_a.t .M..-mite-
EJCDC GENERAL CONDIII O14S 1910�2' t1990 Editi(4t)
w! CI'Y OF FOR'r COLI,I NS NI0111PICA-1.10NS (REV 4l1000)
ARTICLE S--BONDS A-M) INSURANCE
Performance, Payment rued 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 CONTP-,% TOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided othenvise by Laws or
Regulations or by die Contract Documents.
COMI'RACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptahle Reinsuring Companies" as published in
Circular 570 (amended) by Vic .audit Stab, Bureau of
Government financial Operations, U.S. Trensun
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If die surety on any Bond furnished by
CO1\.rfRACTOR is declared a bankrupt or bcconmcs
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter suhstitute another Bond
and surety, both of which must be acceptable to MINTER.
5.3. Licensed Sureties and Insurers, C..'ertificates 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
ibr the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualificaticros as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNMR,
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 accordtmce with paragraph 5.4. ONVWTER--shall
deliver to CO'-s4RAGTQR; v- th-copies- le --each
additional-insured-identified--.in-the-5upplenmzrttary
(;ern-litioris,eeHii36atv'.`i—oTf—vcicEfBnGd—(••••,lenav—cnTToi 1•-f
ev stlertw of irns................. ste d b-C•�lT�,_AGD n �T9R
of-8ny filiiM-additional-instifed)A-hieh OWNER is
required-te-pufchasr-and nxnirtlain in ace rdancr with
paragraph-E}anda 7-herea€
'
COA7R4CTOR's Liabifir_p Insurance:
5.4.10. include contractual liability insurance
coverima CONTRACTOR's indemnity obligations
5.4. CONTRACTOR shall purchase and maintain such
under paragraphs 6.12, 6.16 and 631 thiough 6 33;
liability and other insurance as is appropriate for the Work
'
heing performed and furnished and as will provide
5.4.1 1. contain a provision or endorsement that the
protection from claims set forth below which may arise out
coverage afforded will not be cancelled, materially
of or result from CONTRACTOR's performance and
changed or renewal refused until at least thirty days'
'
furnishing of the Work and CONTRACTOR's other
obligations under the. Contract Documents. whether it is to
prior written notice has been Riven to 0XVNZR and
CONTRACTOR and to each other additional insured
be performed or furnished by CONTRACTOR, any
identified in the Supplementary Conditions to whom
Subcontractor or Supplier, or by anyone directly or
a certificate of insurance has been issued (and the
indirectly employed by any of them to perform or furnish
certificates of insurance famished by the
any of the !fork, or by anyone for whose acts any of them
CONTRACTOR pursuant to paragraph 53.2 will so
'
may be liable:
provide);
5.4.1. claims under workers' compensation. disability
5.4.12. remain in effect at least until final payment
benefits and other similar employee benefit acts;
and at all times thereafter when CONTRACTOR may
be correcting. removing or replacingcleleclive Work
'
5.4.1 claims for damages because of bodily injury,
in accordance with paragraph 13.12; and
occupational sickness or disease, or death of
CONTRACFOR's employees,
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
5.4.3. claims for damages because of bodily injury,
claims -made basis, remain in effect for at least two
'
sickness or disease, or death of any person other than
years after final payment (and CONTRACTOR shall
CONTRACTOR's employees;
furnish O VINF,R. and each other additional insured
identified in the Supplementary Conditions to whom
-5:4:4 c,laiitts-for-damages-insured-by-custt:niaiy
a certificate of insurance has been issued evidence
'
persenfil ii3 ut�-lir+biliti eewet r-w#tieh fire sutstatne<!=
satisfactory to OWNER and any such additional
13 r-t��.^ a-,^ ` t�.�-direst-1,4-er
insured of continuation of such insurance at final
tn�leted�e-the empleyntent ^`-«.a -rh person lay
payment and one year thereatier).
�(�J4a2-A(�}}2-caF-{�i)-fiy-any-�atFx�r-]xrsan-for-atay
othert ransom;
5.4.5. claims for clamages, other than to the Work
011, ER's Liabiliq� insurance:
5.5. In insurance be
addition to required to provided
itself, because of injury to or destruction of tangible
by CONTRACTOR under paragraphNTOZ 5.4, O�, at
prolerty wherever located, including loss of use
OWNER's option, may purchase and maintain at
resulting therefrom-, and
OWNER's expense OlVkR's own liability insurance as
'
will protect OW1vE-R against claims which may arise from
5.4.6. claims for damages because. of bodily injury or
operations under the. Contract Documents,
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
Properq� Insurance:
vehicle.
'
';:o---unless-otherwise-provided-in-tlte-Suppleinentary
The policies of insurance so required by this paragraph 5.4
Conditions,-C3t1NER---shall--purchase-and--maintain
to be purchased and maintained shall:
prelxrty instrffunEt+pHn tl Wcrk at Ax situ itt t} etrxaunt
of-the-full--reicentent-cos7-thereof-(•subject-to-such
S.4.7. with respect to insurance required by
cleciuctible-amarnts--as-may-ba--provided--in-the
'
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4 9.
Supplementary-Conditions-or-required--by--Laws--and
include as additional insureds (subject to any
lieeukntions): This insurance -slue!!=
customary exclusion in respect of professional
liability), OWNER. ENGINEER. ENGINEER's
5:6.17--include--the--interesLi- of. -OWNER.
t~ Consultanand any other persons or entities identified
C41Nf dlETOI Sallx mtraicte —I I(;I4Tf
'
in the Supplementary Conditions, all of whom shall be
T '
listed as additiorril insureds, and include coverage for
entities--identified-in-the Supplementary-C-cnditiom;
the respective officers and employees of all such
each-of-whonris-deemed-to-have-an-insurable-interest
'
additional insureds;
5.4.5. include the specific coverages and be
ant!-shell-tx-fisted as an -insured cx acJditiona{-insured;
�:fi
written
for not less than the limits of liability provided in the
-lx-wittten-on-a-l3uifder s-4�isk"a}}-risk'-' or
eptn -'" m-si iai ceases af-loss-pelisy-forum-thin
Supplementary Conditions or required by Laws or
shall Maas or
Regulations whichever isgrcatcr.
&Mfige to- the -Work, ternpot t 13ai+d+r---txl worl-
'
and- VOnFe-against ai-leaist
5.4.9. include completed operations insurance;
the-#eflew i+�g-perils=fire;--4ghtninQ, a� ^ded
I
EJCDCCtENERAL CONDITIONS 1910-5 (1990 E4ifiui)
ie1 CITY OI; I--ORr COLLI NS \IODIFICA'I-IONS (REV 42000)
1
C
d
u,veraga-than-•vends fisrtt-�arxl-ma I icious-•m isc:hiaf:
ar ht(i+Ake--baffapsa, debris-ramovttl-dasaelitien
owasiened by-ertforcement of haws And-ii alAtions
wakr-dan,agi+-Artc1-suchb
spesit llI re'iuifed by 1e Su- meaaw C-onditiensi
S:6:3-.•include-expenses•-incurred-in-ihe-rcapair or
replactiment-of any-insured-(iroperty.(includitig-but not
architects):
5.6.4-66vNF ins{eFfeik:and lEltHpnient 5{HFeEi a{ the Si{tl
or-at-anot her-loc ation-that-was-agreed• to -•in -writing -by
�N4-1'�T�pr-ioF--te-l-incsFpeFa{rd-in-tfte--Vt=oFk;
pray idad-that-sash-matarjAfa-and-ec}uipn;etx-have-Len
tnefuded-ire-:;n-:�ppfization-for-payment-reeomntandrd
b} l?lEtf:�1�E-l�-arxl
5.6.5.
i :irk=:i��R'-trt-eflest- until ftFtal pay{nent is
made unlessr greed-te-in-writing•-hv
QW- E _ TETmv -':t
dairt�-da,-�-:;pit{eta-notice-tn-each-ether-AdditiattAl
+F,sated-to- whom A r aFtiEeete of }+r ultFtea free -heart
+sued-
5.7. )"ggFR-shell puiueh hoikr
And-mac-binary_-insurarn��r-Add itienel-peeper:}=iasuiAnee
as-m ay- ba--required-by-the-Supplementary-C:onditiorrs-or
baays-er3d Reguitrtte whielt-w 'rri is eludesthe-interests-of
OWNER, CONT R-awl (]#t�;�lai ont+a. ka�l`sAlE;INE- " 4
l�f�ll�lsu..«Tr�m Qlrto..11GSzi,..,�.,tav�tkreF-pe,rse+�er�ntities
tdant+fled-in-d�-StapplernentAFy-Ct,ndit+e»s,-eAe."r-�-•�;;.t
tS-dL'c'fth'd-iA-liftl�efif�tFLStH'iibf2-1ntLEc'.SI-$Hit-Sfia-if-h2:-fl Sf2d-ftS
AFi-trti5urcd•err-addtt+enAl-rnsarad-
j.8- All tltt pafieizs of irtsuranea{skid dx ieRifieates er
(4410F a tftzre reCtu+Fe'j - F-ratrFchased-and
tnainiained-bv-ONi��,T)R-in-accordaru>a-with-paragraphs �:G
and- ? :t;�onfrtin-a provkrioH er encicirsentent-that-die
caveFaga-a florcled-+will-riot-1,e- cAncal led--or-mat�:riaf ly
cha reed -or -renewal- rafitsad-until-A t-least-t }ti Rv-days- prit�F
written--notice--has-been-given--{o--C-NV-1\FBI{ and
EI'?f T-R-�k TGR- find -to e reh-other aeicfitic tAl-iFrsurarl-te
whom-n-certificate-cif-irtsumnce-has-been-issued-and-will
contain -•--waiver provisions -in -accordance --with
p--�-ph-44-
9. OWNTER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
- y-daekwlibla-an;otA3ts-lhtH-Etr�
identified -in-the-Supplementary-Conditions.=The-risk: of
less within-such-Wemified-dada -6b!a ameunl- will -ba bome
b}C-(DlsgR aC-J�-B�t'— Fki?6t7nliii6{EN-F1r-BFhefS-SaieF}ity�T-aRv
such --loss-and•-if-any--of-them-%vishes--properly-•-insurance
c�,ventge-iv iihin-the•-lim its-of-such-amcxrnts,-each-may
purchase•sock•maintain-it-ot-the-purchtrser's own-a:cpensa-
10---• f--C`�U1V=1:hAUFUk-requests-at-writitV-that-other
:�iwiaf-insurarrsi}-ba-inskrdr,'�.-m-
pelisses-pFev-ided-uridef pa graph54_ 7-CNN I R
shelf;-i-f-pc,ssil3fa-tt,ijlade--such--insuranea-and--the-eos{
thereof-will-fri-skt�tt� �cf-to-CEP: f-12:•\C-T9R-l:�;:-upprE�ate
(.'hanger#d�ror ,Written-tlmendment— lzrio to
EJCDCGENIaALCONDMONS1910.i' (1990Etitim)
1 rl W CITY OF FORT COLLINS MODIFICATIONS (RSV 41.000;
ccmmencemant-e,t-•the Work-nt-the-site; OWNTE,R-shall-in
itritttryadti:n ��':�:-T-R�•-1�-T-EtI�whathar-er-nc�t3treh etl�r
ire�urt,nEe-has beer iecuFed br0AWER.
-�--u�H,fr dl-tttxhr,s:
-1 1-1 -O\k 4ER and GU�FI R4G-TUR intend the{ s l l
policies-purchased-in-acccxdanca-wi{h-1,raiagxaphs ?:6
and-5.7- wtfl-prtatiut GNVN- Ek C ... .. f1C �Pc
SubeontraeicYs--I;1VGI?v EEl�--1;�vCrL�hEl:'s
Cfinx+ltan{s-aflci-trlf-o{}�i-prisons-ei-rn{+{3es-idrrA+Fted
Fn the--Sta{>E iwen{aiy->canditions- le•-be-f+stE�f-as
insureds -or- addition l-i nsureds-in-such-lx)l ivies -and
will-preFicIt! printery-sow.mge •for- RU-losses--And
damag s-cnused-by perils--c*c -err d-thereby-raft
suehjwieie59hall 66tNatttprtavisiorts4e.4he-e4Teet44-At
insurers-wifl-hAVe AE) rtghLS-of reeaver� �eaiFts{ Any of
the--iFtsuieds-or-Additi-skirl-insureds-{heFeuF}deF-.
GWNR�k and -�.-rR-
a=ainst-eAekt-etfaer--kind-daaiF--its{iva<-offteris;
dirti>s{ors�em}a{o;n �-AT,El-agen{s-for-Ail-loses-And
den ce., cn -a hy-airts+ng out ef-er resulting -from
Anv-of-the-per-it^�-a,.�;���a ":' -; '�h-�lisies-seed-Atay
Fippli
FAbn c, u"e N'1eFk and;
in-addithrn-wftira -all suet rights agairrs{
Sul,EaratFttsters; l�Crtl�ksfft—fsi�Fi�lsf�lZ`s
t=on uhanLs-nod-alfother-I,crsans-t]F-amities-identified
tit-tl2a Sul,l>fart}an{arr- xtdit;toTtv listed it
inalditurad�undeF sueltllisi F
fosses-cad-d^�n„aa�r-�a-sAur.��d- Ala^�T�„_'- he --shave
waive r.,-;� rn,l-_e t�eF ,rn ,r-R�F T ghtf; that rny-txrFty
{iraiiiFtg-9uel1-it'aiVdr—aray-hava to the-pfeeft&-- f
inSt}rn1aGB-hefd-i]v--t-}ttr'±�f'•1�A:rva^.{2::-e;-i�if#efwaSe
payable-under-any-policy-so•issued:
agtliFist-C'O.v�FR.4(�TnR; .—Subcontractors;
GFa.EE}�- ''r ;n- �:in,strltArrt r-4nd-the
officers; directors emplo; ins and-Agents-of�any-of
them -tor
�-1-I . �. f---fee-g-tftre-ta-liusit>zks-iniarrttpttaF�feas
of-uu;•-ur-othef--eonsr�yuential-loss-extending.
beyond--direct--physical-loss-oF--daruaea--to
arising-out-ot;or-resulting-fron►-fira-ur-other-Ixril;
whether-or--no{-insured-by C3Nu?vTsR-•tmcl
-1-1-2 �—loss-or-damage-to-the--completed
Fretjeet-car-pert-thareoftrau.n '.-�'= IIris;i�>�ef-or
resulting-ti om-fire-or-other-ir>ssurrd••prril-covered
I;}�-any-property--insurance--ntAintait�l-art-lira
sertapletrd-RrEyeet-er-parrthereby-Aal-" .'�1�
durinC --partial--utilimlion-pursuant-to
paragraph-14.10-abet Substantial --Completion
pursuant-to.paragraph-1 43-4ar-•a lter-final-payment
pursuant-terpttnr�tph-f4:13:
:afty-insuFArwa-policy-ntaintAinecf-b4v--Ali-��-R-covarit�
any-•less-stem^�-o.-< ��nsec{aential-lass-feCer�rcf-to-to-t#tts
taarxgtgph-�-l-1-= sl�ll-r�c3ntAitrttravisielts-t;a-ilia-el�t-that
in-tfw-event l�3ayn>eatt-crC-an}=such-kris-dHYRREe-oF
cattsequentiAl-Ic,ss-ilea ��,^arer-s-w-ill-itAva-+3ca-rfghts-o#'
I
, F I
recovery aeairist-any-ot-Gt�til=Rr�C1tc�I Subuentract ors;
-' i�sF�s-Gc)nsultants-t+rtd-the-�tsrn;
direatot s-empolevees atad agents <)farty-E>Ethem
Receipt andApplication of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWIgM as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNTER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. Olt\TER as fiduciary shall have power to adjust
and settle any kiss with the insurers unless one of the
pretties 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 fiducian,
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,
0\1''\TER as tiduciaR, shall adjust and settle the loss with
the insurers Httd-if-raciuired-tt� ivrii+tv�> 1>y asty-party--
i�:;z^��--��`:'�'t°�f�-Hs--ftdueiar}�sl�til--gika-bond r�=,�,•t,�
p,>f)pae f-�fe'r-tr7H)iHR68-E)%SIiGFT4lk3t+l i.
4cceptance oft3ondvand Insurance; Option to Replace:
5.14. If
QWNF..R has any objection to the cmerage afforded by or
other provisions of tie Bonds -or insurance required to be
purchased and maintained by the other—p"ty
CONTRACTOR in accordance with Artiele 5 on the basis
of non-confiirmance with the Contract Documents, tiie
objectine-party-shatl-so-notify-the.other-partv OW'NrM, will
notify COIdTI211�CC)R in writing within tent fi-teen days
after receipt delivery. of the certificates (or -other -evidence
requested) to Mk-�U required by paragraph 2.7.
other-such-additional-information-in-respect-ef insurance
provided-Hs-the-other-m ay-reasonably-request—lf-either
party-does-not•-purchHse-or-inainta in-H 11-of--the-Bonds-and
irxsttranca--•-requt rc*d-ot�-such-party-°-by--.thy--Gorttraci
I-kxuntrthfs-•sue:h--pHs#v-sottit-notify-tie--cafhNr--party-in
writirta-of-such-failure-to purehHse-prior to the-start-�{=tie
�t or> _a._,r ^ tt fi}ilara to maintain-prior-te-ar"httrtg&-ire
Elie-;cvlttirecl-F- ce-k�-aRy-efpier-right
or -remedy -the -other p irty-mawdlect to -obtain -equivalent
Bonds-or-insurance-to-pruteci-such•other-party's-interests-at
the-exp,onse-of-the-party-who-was-redo ired-to-provide- such
cevent,-e,- and -a-6lutrrga Order-slittll be-issarep-tom adjust -tie
C'ontraet-I'riee accurditi_(y�:
Partial Utilization -Property Insurwtce:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDCc;E;\TERAL COINUMOh'ti 1910-8 (1990 Edition)
cw/CITY Of� I:OILT C.OLLINS AtODIFICA'riONS (.REV 4P-M)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with pragaph 14.115;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby_ The insurers
providing the property insurance shall consent by
m endorseent 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.
AK7'ICLk 6-CONTRACTOR'S
RESPONSIBILITIES
Supen,ieion 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 he necessary to piform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely resp ortsible for the means,
methods, techniques, sequences and procedures of
construction but CONTRACTOR shall not be responsible
for the negligence of others in the design or specifiu-htion.
of a spxcifte means, method, technique, sequence or
procedure of cotistruction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsihlc to sec that the
completed Work complies accurately with the Contract
Documents.
0.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who sh-all not be replaced without written
notice to OWNI E-R and ENGTNEER e.Ncept under
estraordinan, circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONITR_4CTOR. All
conununicrtions to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, blaterias and Equipment:
6.3. CONTR--ACTOR 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 0XVNER's written
consent given alter prior written notice to LI%TGINEER.
CONTRACTOR shall submit requests to the ENGINTEFR
no Ims than 41S hour in advance of anv Work to be
performed on Saturday, Sunday. Holidays or outside the
Regular Working Hour.
'
6.4, Unless otherwise specified in the General
contains or is followed by words reading that no like,
Requirements, CONTRACTOR shall furnish and assume
equivalent or "or -equal" item or no substitution is
full responsibility for all materials equipment, labor,
permitted. other items of material or equipment or
transportation construction equipment and machinery,
material or equipment of other Suppliers may be
'
tools, appliances, fuel. power, light, heat, telephone, water.
accepted by ENGIN`'EER under the following
sanitary facilities, temporary facilities and all other
circumstances:
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.7.1.1. "Or -Equal" If in ENGINEER's sole
discretion an item of material or equipment
'
6.4.1. Purchasttn Restrictions.(_ON`I'RAC"fOR
proposed by CONTRACTOR is functionally
must comply with the City's purchasingrestrictiorri. A
equal to that named and sufficiently similar so that
copy of the resolutions are available for review in the
no chance in related Work will be required. it may
offices of the purchasina and task b4anagement
be considered by ENGINEER as an "or -equal"
Division or the City Clerk's office.
item, in which rase review and approval of the
'
proposed item may, in ENGiNEER's sole
6.4.2. Cement Restrict tons: Citv of Fort Collins
discretion, he accomplished without compliance
Resolution 91-121 requires that suppliers and producers
with some or all of the requirements for
of cement or products containing cement to certiR- that
acceptance of proposed substitute items.
the cement was not made in cement kilns that bum
6.7.1.2. Substitute Itenzs: If in ENGWEER's sole
'
hazardous waste as a fuel,
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
6. _ All materials and equipment shall be of good
an "or -equal" item under subparagraph 6.7.1.1, it
quality and new, except as otherwise provided in the
will be considered a proposed substitute item.
Contract Documents. All warranties and guarantees
CONTRACTOR shall submit sufficient
'
specifically called for by the Specifications shall expressly
information as provided below to allow
run to the benefit of OV%NFR. I£required by FNGTNEER,
ENG.INEFR to detemiine that the item of material
CONNTRACry TOR shall furnish satisfactoevidence'
or equipment proposed is essentially equivalent to
(including reports of required tests) as to the kind and
that named and an acceptable suhstitute therefor,
'
quality of materials and equipment. All materials and
The procedure for review by the ENGINEER will
equipment shall be applied, installed, connected, erected
include the following as supplemented in the
used, cleaned and conditioned in accordance with
General Requirements and as ENGINEER may
instructions of the applicahle Supplier, cxcelu as otherwise
decide is appropriate under the circumstances.
provided in the Contract Documents.
Requests for review of proposed substitute items
'
of material or equipment will not be accepted by
Progress.Sdredule:
FNGTNFER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
6.6.. CONTRACTOR shall adhere to the progress
furnish or use a substitute item of material or
schedule established in accordance with paragraph 2.9 as it
equipment, CONTRACTOR shall first make
'
may be adjusted from time to time as provided below:
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
6.6.1. CONTRACTOR shall subunit to GNGIi`iEER
perform adequately the functions and achieve the
for acceptance (to the extent indicated . in
results called for by the general desitgt, be similar
paragraph 2.9) proposed adjustments in the progress
in substance to that specified and be suited to the
'
schedule that will not change the Contract Tunes (or
same use as that specified. The application will
Milestones). Such adjustments will conform generally
state the extent, if any, to which the evaluation
to the progre&s schedule then in elrect and additionally
and acceptance of the proposed substitute will
will comply with any provisions of the General
prejudice CONTRACTOR's achievement of
'
Requirements applicable thereto.
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
6.62. Proposed adjustments in the progress schedule
will require a change in any of flue Contract
that will change the Contract Times (or Milestones)
Documents (or in the provisions of any other
shall be submitted in accordance with the requirements
direct contract with OWNER for work on the
'
of paragraph 12.1. Such adjustments may only be
Project) to adapt the design to the proposed
made by a Change Order or Written Amendment in
substitute and whether or not incorporation or use
accordance with Article I I
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
'
6.7. Sub.Wturesand "Or -Equal" Items:
All variations o£the proposed substitute from that
specified will be identified in the application and
6.7.1. Whenever an item of material or equipment is
available maintenance, repair and replacement
specified or described in the Contract Documents by
service will be indicated. The application twill
using the name of a proprietary item or the name cif a
also contain an itemized estimate of all costs or
particular Supplier, the specification or description is
credits that will result directIv or indirectly from
intended to establish the type, function and quality
acceptance of such substitute, including costs of
required. Unless the specification or description
redesign and claims'of other contractors affected
1
I
EJCDCC:E'NERALCONDI"11ON51910,3 11990Editiml
col CITY OFFORT COLLINS MODIFICATIONS (REV,Ir2000t
'
by the resulting change, all of which will be
CONTRACTOR shall perform not less than 20
considered by ENG.E\MER. in evaluating the
percent of the Work with its own farces (that is
proposal substitute. ENGINEER may require
without subcontracting). The 20 percent requirement
CONTRACTOR to furnish additional data about
shall be understood to refer to the Work the value of
the proposed substitute.
which totals not less than 20 percent of the Contract
Price.
6.7.1.3. CO M4CTORS• Expense: All data to be
provided by CONTRACTOR in support of any
6.32. If-the-Supplermentarv.--Conditions Bidding
'
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense.
Documents require the idmdty of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
6.7.2. Substidrte Constniclion ,Wedioch or
principal items of materials or equipment) to be
Proceefrrres: If a specific means, method, technique,
submitted to OWNER im-advance-of-the-specified
sequence or procedure of construction is shown or
date prior to the Effective Date of the Agreement for
indicated in and express])' required by the Contract
acceptance by OWNER and ENGiNEI R-Pond if
Documents, CONTRACTOR may furnish or utilize a
GGN T" ^r�z �) Chas-stria»itt-�'�Q--R-.�-' thereef n
substitute means, method, technique. sequence or
aseerda nsr-��.Q.-s.�-�R�,rmeniar�-F-:crrtditren�,
procedure of construction acceptable to ENGIiNI.P.R.
OWNIiR's or 1-vKGiNEER's acceptance (either in
CONTRACTOR shall submit sufficient information to
writinz or by falling to make written objection thereto
'
allow ENGINEER, in HNGINFEWs sole discretion, to
by the date indicated for acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents) of
that expressly called for by the Contract Documents.
arT ^ ^� e�� c rmvaster Su lie�a� etlmeFper� r�r
fix, procedure for review by ENGINEER will be
rot a+ti ttiaH-•so-klentific l-nmAy-Fx rew�l:ed-ear the
similar to that provided in subparagraph 6.7.1.2.
f�atsts-cmf-renscarmnlale-t3bjestieta at%r dtta investigrtt
in-wlrrsli--eas r.�-� 0 .` f =4G1 fll�simall-sefbmtt-aim
6.7.3. Fngineer'.s Evaluation: FNGiNEFR will be
]--he
allowed a reasonable time within which to evaluate
adjusted-l�)- e-differonoe,. in the c.., cc�sicn�f lw
each proposal or submittal made pursuant to
such-substitution-nod-nn-nppr�priate { liang2--C7rcien
paragraphs 6.7.1.2 and 6.7.2. L"NGINEER will be the
will--le•-i%ited of Wftttert ijzNeln nt sited: will
'
sole judge of acceptability. No "or -equal" or
constitute a condition of the Contract r�_quiring the
substitute will be ordered, installed or utilized without
use of the named subcontractors, suppliers or other
ENGINFFR'.s prior written acceptance which will he
persons or orpaniamtion on the Work unless prior
evidenced by either a Change Order or an approved
written approval is obtained from OIVNER and
'
Shop Drawing. OWNER may require
I.-NGINFER. No acceptance by O\VNER or
CONTRACTOR to furnish at CONTRACTOR's
ENGrNEFR of any such Subcontractor, Supplier or
expense a special performance guarantee or other
other person or organization shall constitute a waiver
surety with respect to any "or -equal" or substitute.
of any right of DINNER or ENGINEER to reject
ENGINEER will record time required by
defective Work.
'
ENGINT-ER and ENGINEER's Consultants in
evaluating substitutes propoxd or submitted by
G_9.
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
6.9.1. CONTRACTOR shall be fully responsible to
Documents (or in the provisions of any other direct
OWNER and ENGINEER for all acts and omissions
'
contract with OWNER for work on the Project)
of the Subcontractors Suppliers and other persons
occasioned thereby. Whether or not ENGINEER
and organizations performing or furnishing any of the
accepts a substitute item so proposed or submitted by
Work under a direct or indirect contract with
CONTRACTOR, CONTRACTOR shall reimburse
CONTRACTOR just as CONURACTOR is
OWNTER for the charges of ENGINEER and
responsible for CONTRACTOR's own acts and
'
ENGINEER's Consultants for evaluating each such
omissions. Nothing in the Contract Documents shall
proposed substitute item.
create for the benefit of any such Subcontractor,
Supplier or other person or or_"anization any
G_8. Concerning Subcontructon, Suppliers and
contractual relationship between OWNER or
Others:
ENGINEER and any such Subcontractor, Supplier or
'
other person or organization nor shall it create any
6_8.1. CONTRACTOR shall not employ any
obligation on the pain of OXVNER or ENGMTEER to
Subcontractor, Supplier or other person or organization
pay or to see to the payment of any moneys due any
(including those acceptable to OWNER and
such Subcontractor, Supplier or other person or
'
LNGIiUEER as indicated in para+gaph 6.8.2), whether
organization except as may otherwise be required by
initially or as a substitute. against whom OWNER or
v
Laws and Regulations. 0WNL;R or ENGI-ME1R may
IdvGIi\'E, ER may have reasonable objection.
furnish to any subcontractor, supplier or other person
CONTR.ACTOR shall not be required to employ any
or organization evidence of amounts paid to
Subcontractor, Supplier or other person or organization
CONtT RACTOR in accordance with
'
to furnish or perform any of the Work against whom
CONTRACTOR'S "Applications for Pavment".
CONI'R,'1C:TOR has reasonable objection.
' E)CUC: UENERAL CONDITIONS 1910-8 (1990 L dtim)
WOW WEV 4ROOO)
11
1
n
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors. Suppliers and other persons and
organizations performing or furnishing. any of the.
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors. Suppliers and such other persons and
organizations performmg or furnishing any of the
Work to communicate with the ENG af\rEER throu+,h
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividin_ the Work among
Subcontractors or Suppliers or delineating the Work to be.
Performed by any specific trade. -
6.11, All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINIiFR. Wlhenever- .T�� -..-�-^^-•� mem
t�l�plier-x he t:,-ti�.2tl :,s ant
additiorttrl-insured on die ptnrxriy ittsurartee jmc�t ided +n
peare�ttftlts�-er 5.7,—Q,:s-:.gr�entent�'��t�::ac�t-tine.
C-O't4T-R!iC T-OR-and-the-Subcontractor-or Sul)itlier-w+ll
eotntcrtn pteyisie+ins tvl�ltecxttraet�a-or �taplliar
waives, -all -rights-aneinst-0%;"Nk'k'
rare: �, r..ct>+c���. -�,... ,t
.,�F R, f�N�l?.1�,:, .. Tents ter
add" ttal ittstrred� +zn�,,n t^�ses attd Banta^ r��=,zed l±y
arising ��ut-of-er��sttlting 4fottt-tray-off-perils ecwer�l-by
sumetes a+td arty a....Fprol> ittsurattEe elapl ieal3le Ee
tha-Work: If -the insurers_co any-•such-po}acne.-require
sepefole .... rr 'emis to be signed by finy Sttbeentraeter er
Suf3pl+et ;�3 �1=1� 1 1=C3R will obtain 018 .acing -
Patent Fees and R6yaltiex-
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the 1Vork or tfhe incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
Ira particular invention, des ,m process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations.
CONTRACTOR shall indemnifv and hold harmless
OWNER, ENGINEER ENGLNTEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them Gom and against all claims, cost::,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the fxxformance 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.
EJCDC C;ENERAL coNlJrnoms 1919-S f 199a Editimi
14 nHCI'R'OFI:OR'I'CY?LLINSNIOD1ilCA1'IONS(REV,IP-OWt
Permits:
6.13, Unless otherwise provided in the Supplementary
Conditions CONTRACTOR shall obtain and fay for all
construction permits and licenses. OAVI\TER shall assist
CONTRACTOR, when nece-mn•, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or. if there are no Bids. on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and ftulatiuns:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither 6VNER nor
ENGINEER shall he responsible for monitoring
C:ONTRACTOR's compliance with any Jaws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall tear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR.-, primary,• responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall May 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. OWLaTER is exempt from Colorado State and
local sales and use tares on materials to be
permanently incomerated into the -project. Said taxes
sltall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
1
' 137� Sherman Street
Denver ,Colorado, 80261
' Sales and Use Taxes for the State of Colorado.
Regional Tratm_sportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the _Certification of
Exemption.
1
FI
All applicable Sales and Use 'faxes (includin• State
collected taxes), on anv items other than construction
and buildirm materials physically incorporated into the
M. Ject are to be paid by CON'I RACTOR and are to
be included in appropriate bid items*
rise of Premisess
6.16. CONTRACTOR shall confine construction
equipment. the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work, Should any clam be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve thee claimm by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless 6\NINER, ENGIN'L•ER- IDqGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, iegal or equitable, brought by any such owner or
occupant against OIVINTUR ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONFRACTOR'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 ad surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by 01ATMER 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 stricture, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that wi 11 endanger it.
Record Document .-
EJCDC UENER:IL CONDITIONS 1910.8 0990 Edna)
w!CI YOFFORTCOLLINSMODIFICATION'S(REV4,?OOr)
6.19. CO\TFLACTOR shall maintain in a mfe place at
the site one record copy of all Drawings, Specifications,
Addenda. Written Amendments. Chance 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
chanL,es made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGLNEL•'R for reference. Upon completion
of the Work-, and prior to release of final pavment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER,
Safety and Prnteetion:
620. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACT OI2 shall take all necessary precautions for
the safety oC 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 he
affected by the Work;
6202. all the Work and materials and equipment to
he incorporated dmcrein, 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,
rwchvays, structures utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable laws
and Regulations of any public body having jurisdiction fix
safety of persons or property or to protect them lion
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 620.2 or
6.20.3 .used, directly or indirectly, in whole or in pan, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organicntion 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 ENGLNEER or
ENGLNTEER's Consultant or anyone employed by any of
them or anyone for whose acts anv 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).
CONTR.ACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINF.RiR has issued a
' 1 Substantial Completion:
' One Thousand Dollars ($1,000.00) for each calendar day or fraction
thereof that expires after the Thirty Five (35) calendar day period
for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500.00) for
' each calendar day or fraction thereof that expires after the
Fifteen(15) 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: Two
Hundred Seventy Eight Thousand Two Hundred Forty Nine Dollars and Sixty Nine
Cents (278,249.69), 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
1 Section 00520 Page 2
1
1
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Sajetj? Representative•
CONfR.ACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
622. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or anions
employers at the site in accordance with taws or
Regulations.
Firrergencies:
6.23. In emere_encies affectine the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CO\TRACTOR, without special instruction or
authorim ion from OXVINTR or EN-G NF.ER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. 11' 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. :Chop 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 (itda shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar, data to show ENOPNEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGLNEER to review the
information for the limited purposes required by
paragraph 6.26.
624.2. CONTRACTOR shall also submit Samples to
12,40TNEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material. Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
F:NGINFFR to review the suhmittal for the limited
EJCLX GEN4XAL CONDIIlONS 1910$ 0990 Editicea)
16 cNCI'IYOFI-'OR'rCOLLINShIC,L)111CA'IIONS(,K V4R000)
purposes required by paragraph 6.26. The Numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Pracedures.
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1,1. all field measurements, quantitie&
dimensions. specified performance criteria,
installation requirement-, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
perfnrmance of the Work, and
6.25.1.3. all information relative to
C.(')N1'RAC`POR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication drat CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRAcTOR's review
and approval of that submittal.
625.3. At the time of each submission,
CONTRACTOR shall give ENGUNEER 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 ENGNEER 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
ENGPQTEER as required by paragraph 2 9. ENGLNEER's
review and approval will be only to determine if the items
covered by the submittals twill, after installation or
incorporation in the Worl-4 conform to the information
given in the Contract Documents and be compatible with
die design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGTNEER'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
�1
1
1
construction is specifically and expressly called for by the
Contract Documents) or to safety precauitons cT programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembiv in
which the item functions. CONTRACTOR shall make
corrections required by FNGINrFEI�, 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+ritirtg to
revisions other than the corrections called for by
CNGINEER on previous submittals:
6.27. ENGINE6R's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENUNEER has _given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
FNGiNFFR relieve CONTRACTOR from responsihility
for complying with the requirements of paragraph 6.25.1.
6.23, Where a Shop Drawing or Sample is required by
the Contract (Mcuments or the- schedule of Shop Drawing
and Sample submission, accepted by F,N'GTNFF..R as
required by paragraph 2.9, any related Work performed
prior to FNGINFER's review and approval of the pertinent
submittal will be at the sole expense and reslxmsnbility of
CON TRACTOR.
Continuing tie Work:
6.29. CONTRACTOR shall catty on the Work- and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delaved or
postponed pending resolution of any disputes Cn
disagreements, except as permitted by Ixnragraph 15.5 or as
OWINMR and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRrICTOR's General 11'arrantp and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
CAVI TER ENGMEER and ENGMMER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be elective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tzar under normal
LM$X.
6.30.2. CONIRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
E1CDC GENERAL CONDITIONS 1910-80990 Editimj
eel CITY OF PORT COLLINS MODIFICATIONS (REV 4P000)
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;
630.2.2. recommendation of any progress or
final payment by 13NG LNTEER;
630.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
630.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.25. 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 FNGiiNrFFR pursuant
to paragraph 14.13,
6 30.2.7. any inspection, test or approval by
others; or
6.30.2.& any correction of defective kVork by
OWNER.
Indeneniftcation:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNTER, BJ G M, EER, UNTGUEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (,including,
but not limited to, all tees 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
"fork, provided that any such claim, ant, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in liar
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organizltion
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 anv of their respective consultants, agents,
officers. directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier. any
person or organimion directly or indirectly employed by
17
1
F�
any of them to perform or furnish any of the Work- or
anyone for whose acts any of them may be liable, the
indemnification obligation tinder paragraph 631 shall not
be limited in any way by am 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 worker' compensation
acts, disability benefit acts or other employee benefit acts.
6,33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not. extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence. errors or omissions of any of them.
Survival of Obligations:
6.34. .All representations, indemnifications, warranties
and guarantees made in required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
.ARTICLE 7--OTHF,R WORi:
Related IVork at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Document-% then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(u) CONTRt\CTOR may make a claim therefor as
provided in Articles I 1 and 12 if CONTR,\CTOR believes
that such performance will involve additional expense to
CONTIU\CTOR or requires additional tune and the parties
are unable to agree as to the amount or extent thereof.
72: CONTRACTOR shall afford each other contractor
Who is a party to such a direct contract and each utility
owner (.and 0"WER, if O\\NTER is performing the -
additional work with ONINER'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 alterinm their work and
will only cut or alter their work with the written consent of
ENGIINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC QENER AL CONDITIONS 1910-S Q990 Edit
i
w/ CI IY OF FORT' COLLI NS iM ODI F1 CATIONS {REV .1 P 000
provisions for the benefit of CONTRACTOR in said
direct contracts between MINMR and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
C.'ONTR-AC TOR'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. COZTRt\CTOR's failure so to report will
constitute an acceptance of such other work as tit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
C.'oorrlination.
7.4. If O\\NEIR . 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, fine or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will he
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
T4.3. the extent of such authority and
responsibilities will he provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--OWtNT- R'S RESTONSWILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNF,R small issue all communications to
CONTRACTOR through El\TGLNEER..
8.2. in case of termination of' the employment of
ENGINEER, OWNER shall appoint an engineer against
whom-C.Oi,i-TRACTOR—makes-no-reasomble-objectieTi,
whose status under the Contract Documents shall be that
of the former ENGINT-ER
8.3. 0\l'NTR shall furnish the data required of
0\VINTR under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 anti 14.13.
8A. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 4.2 refers to OWNTER'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 continuous to the site that have been utilized
by ENGINrEER in preparing- the Contract Documents.
8.5. EAVWBRc.rfespt tsfbtitites ts3 aspect -oaf paf{'ha
RREI—root+ntaffrifw�-liability-artd--prc�fty-if�ttr$nsr-rare-set
forth -in -paragraphs 5- -through-5-10:
8.6. O«'NER is obligated to execute Change Orders as
indicated in ptuagaph 10.4.
8.7. O%VNIER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.3.
S.S. in connection with OW\TER's right to stop Work- or
suspend Work, sec paragraphs 1.3.10 and 15.1.
Paragraph 15.2 deals with OW'NER's ris:ht to terminate
services of CONTRACTOR under certain circumstances,
8.9. The OWNER shall not supervise, direct or have
control or authority over. nor be responsible for.
CONfRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
C::ONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or perfomtance of the Work.
OWNrkR will not be responsible for CONTRACTOR's
Failure to perfonn or furnish the Work in accordance with
the Contract. Documents.
Ik". espt?nsibifit in respect cif unElislesed
Asl;-estesg 1,03s, Pewekum, Hn� rdGus—'wage OF
RftdioReti:y =i{tefials uneflvefed of revealzd nt tl sita
set-fertla ifrt mm,
if -mite I
—az-t{crFii�'-�"Eft't?FL-m:��ct m-s£k�'iZ'2f1-ici-ftfftit911
^^,a131c�-czvi&Rct- t t--fiffinew
al7atngements--have-baen--made-to-cat isf�--044'NisIt's
r�figafi�ri-o;,Rfa;-tha-Oc3ntr�:t-Aetetltetenfx-C3i�'�t�s
respxonsrbility-in-resbkct-thereol�w•i il-ba-as-set-forth-•in-the
Supplementary-Cc?nd it ions-
ARTiCi,F 9-FNGiNF-F.R'S STATUS i I RiNG
CONSTRUCTION
011;NER's Representative:
9. t. ENGINEER will be O1t,'NER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shalt not be extended without written consent of OWNER
and TENTNEER.
Visits to Site:
9.2. ENGf\NEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGI\TEM deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDHION5 1910-S (1990 E(titicn)
W C7 iY OP FORT COLLINS MODIFICATION'S (tEV 4R000)
that has been made and the quality of the various aspects
of CONT.RACTOR's executed Work. Based on
information obtained during such visits and observations,
E NGMEL•R will endeavor for the benefit of MNI ER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENCLNEER's efforts will be directed toward
providing for OWNER a treater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work-. ENGiNEER's
visits and on -site observations are subject to all the
limitations on Etx:GINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, durina or as a result of ENGINEER's on -site
visits or observations of CONTRAC-I'OR's Work
ENGDMER will not supervise, direct, control or have
authority over or be responsible for CONE RACTOR'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 taws and Regulations applicable to the
furnishing or performance of the Work.
Pro feet Representative:
9.3. If Old NIHR and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENNGINEER in providing more continuous observation of
the Work. The respx-nisihilitics and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and-in-thr- Sufl1 kme*tnrY
Conditions of these General Conditions. If OWNI ER
designates another representative or agent to represent
OWNER at the site who is not M\tGINBER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in 1>< gi-jp
h 9.3
9.3.1. The Representative's dealines in matters
pertaining to the on -site work will, in general be with
the ENGf\TEER and CONTRACTOR. But. the
Representative will keep the OWNER -properly
advised about such matters.'The Representative's_
dealing-s with subcontractors willonly be throb or
with the full Ltju_w_1g9 e and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities Representative
will:
9.3.2.I.Schedules - Review the progress
19
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'
schedule and other schedules prepared by the
CONTRRACTOR and consult wilhthe
_
FNGINEER concerninu actxptability.
'
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such. as
precpnsKruclion conferences,_.,progIe s meetngs
and other iob conferences and prepare and
circulate copies of minutes of meetings.
'
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR working principally
'
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3?.3.2. Assist in obtainin_ from OXVNIER
'
additional details or information when
required. for proper execution of the Work.
9.3.2.3.3. Advise the ENGINF..F.R and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approycd by the ENI GINEF,R.
9.3.2.4Review of AVorl , Rejection of Defective
4Uork,hmsgections and Tests,
9.3.2.4.1. Conduct on -site observations of
the Work in proaress to assist the ENGINEER
'
in determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.?.4�3_ Accompany vision; _ ins ep ctors
representing public or other agencies havma
jprMiction over the Project record the results
of these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to L mGIi\rEER when
clarification~ and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENTGNEER
9.3.2.6, Modifications. Consider and
evaluate CON•rRACI'OR:S suggestions for
�� EJCDC GENEKAL CONIDnon 1910-8 (1990 Editipr)
w; U TY OF FORT CY)LLI NS MODIFICATIONS (KE V 4/2000)
modification in Drawings or Specifications and
report these retommenclitigns to E�TCIi\TGER.
Aa uratrhr transmit to CONTRACTOR
decisions issued by the ENG INTER.
9.�..7, Records.
documents,
4.1_2.8�Report_..
9.i.2.S.1. furnish GNGINEER _perio,*
reports, as reduiretl,_oC the pare oC the
}fork and of the CONTRACTOR'S
compliance a_tth the _progress_schedule 2nd
schedule of shopDrad sample
submit6 s.
9 3 2 $.2. C!msult mt ith __EZL lI LMl in
advance of scheduling major tests,
tions o instxcr stet -of important phases of the
Work,
9.3.2.8.3._ Draft proposed Change. Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGMTEER Change
Orders. Work ]directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGTNELR and 0XVIN'Q2 the occurrent; of
ari accident.
9.3.2.9. Payment Requests Review applications
for Mynment with CONTRACTOR for compliance
with the established procedure for their
suhmission and fonvard with recommendation to
FI
'
UNGITNTEER noting particularly the relationship of
requirements of the Contract Documents (in the fonn of
the 11EjyRienl regUested to the Schedule -of Values,
Drawings or otherwise) as ENTGINEER may determine
work completed and materials and eiruipment
necessary, which shall be consistent with the intent of and
'
delivered at the site but not incorporated in the
Work.
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNIFR and CONTRACTOR. If OWNER or
9.3.2.1_0._Completion._
CONTTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
2.12). i0.1 Before, Liv`GNEER _issues • a
or the Contract Times and the parties are unable to agree
'
Certificate of Substantial Completion submit
to the amount or extent thereof. if any, (:)WIDER or
to CONTRACTOR a list of observed items
CONTRACTOR may make a written claim therefor as
requiring correction or completion
provided in Article 11 or Article 12.
9.3.2.10.2. Conduct final inspection in the
Authorized Kiriations in }i'ark:
'
comMny of the FNGIi1 E:R, OWNER and
CONTRACTOR and preMrc a final list of
9.5. ENGINEER ER may authorize minor variations in
items to be corrected or completed.
the Work front the requirements of the Contract
Documents which do not involve an adjustment in the
9.3 110.3. Observe that all items on the
Contract Price or the Contract 'times Owe compatible
'
final list have been corrected or completed and
with the design concept of the completed Project as a
make recommendations to ENGINEER
functioning whole as indicated by the Contract
concerning acceptance-
Documents- "These may be accomplished by a Field Order
and will be binding on OWiNTF,R and also on
9.3.3. limitation of Authority' The Representative shall
CON"f'RAC;I.OR. who shall perform the Work involved
'
not
promptly. IfOWNFR or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
9.U,1. Authorize aniv deviation ,front the
the Contract Times and the parties are unable to agree as
'
Ccmtrtet Documents or accept any substitute
materials or equipment,_ unle_,. authorized by the,
to the amount or extent thereof; OWNER or
CONTRACTOR may make a written claim therefor as
( I�iGRtirEERr
provided in Article l l or 12.
9:3.3.2. Exceed limitations of i NGINEER'S
Rejecting Defective Work:
authority as sex forth in the Contract Documents.
'
9.3.3.3. Undertake any of the responsibilities
9.6. 17NGINFE-R will have authority to disapprove or
of the CONTRACTOR. Subcontractors, or
reject Work which ENGINT F,R believes to be defective,
C(� vT12$1C�TOR'S superinteatdent.
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
9 3 a._ Advise on, or issue directions relative
will prejudice the integrity of the design concept of the
'
to or assume control over any aspect of the
completed Project as a functionina whole as indicated by
means methods technique sequences _or
the Contract Documents ENGINTEER will also have
procedures._f�r_, cart tnlctipn _unless such_J
authority to require special inspection or testing of the
specifically catlte ! fgr m thee Contract Documents.
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
'
9t3.;3 5. Adt Ise on or issues directions
re rding ar .assume control over .,_,afety!
Shop Drawings, Change Orders and Prtrnrents:
przcaution5 and prcgrams in connections with the
9.7. In connection with ENGNEERs ,iuthoriri: as to
Shop Drawings and Samples, see paragraphs 62.4 through
'
9.3 3.6. _Accept Shop_ Drawini s_ or` sample
6.28 inclusive.
submittals from anvone other than the
CONTRACTOR
9.8. in connection with ENGFNEER'.s authority as to
Change Orders, see Articles I0. 11, and 12.
9.3.3.7. Authorize MINTER to occupy the.
Work in whole or in part.
9.9. In connection with ENUGTNEER's authority as to
Applications for Payment, see Article 14.
J,3.3 8..• �Parlicpate in specializedfelclor
labor atom tests or Inspections conducted bti others
Determinations for Unit Prices:
'
except as SpeciGcallv�authonzed bs_ the
ENGINEI R.
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
Clavi ieation.s and Interpretations:
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINI ER's preliminary
9A. ENGINEER will issue with reasonable promptness
determinations on such matters before rendering a written
such written clarifications or interpretations of the
decision thereon (by recommendation of an Application
MDG GENERAL CONDITIONS 19 J 0-8 (1990 Mum) 21
w7 Cl I"Y 01; F ORT COLLI NS MODIFICATIONS (REV 4 R 000)
11
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for Payment or otherwise). ENGNEER's written decision
decision, unless otherwise agreed in writing. by O11`1NZR
thereon will be final and binding upon O11ItER and
and CONTRACTOR -
CONTRACTOR. unless, within ten days after the date of
any such decision either M NF,R or CONTRACTOR
9,12. %Vhen functioning as interpreter and judge under
delivers to the other and to ENGI\rEER written notice of
paragraphs 9.10 and 9.11, ENGINEER will not show
'
intention to appeal from FNGINIEER's decision and (i) an
partiality to OMNIER or CONTRACTOR and will not be
appeal from ENGINEER's decision is taken within the time
liable in connection with any interpretation or decision
limits and in accordance with the procedures set forth in
rendered in goad faith in such capacity. The rendering of
e
Exhibit GC AA, "Dispute Resolution ALueement", entered
into between OWNER and CONTRACTOR pursuant to
a decision by 0INGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
Article 16, or (ii) if no such Dispute Resolution Atreement
matter (except any which have been waived by the making
has been entered into, a formal proceeding, is instituted by
or acceptance of final payment as provided in
the appealing part)' in a forum of competent jurisdiction to
paragraph 14.15) will be a condition precedent to any
exercise such rights or remedies as the appealing party may
exercise by OLVNER or CONTRACTOR of such ri'`hts or
'
have with respect to ENGiNFER's decision, unless
remedies ns either may otherwise have under the Contract
otherwise agreed in writing by OWNER and
Documents or by Laws or Regulations in respect of anv
CONTRACTOR Such appeal will not be subject to the
such claim, dispute or other matter-pufsuattt-te—Vtieia46.'
procedures of paragraph 9.11.
9.13. Limitations on ENWNEER's Authority and
'
Deci.eons on Mvputec•
RevponsihiIf ies.
9.11. ENGINEER will he the initial interpreter of the
9.13.1. Neither E;NGINFER's authority or
requirements of the Contract Documents and judge of the
responsibility under this Article 9 or under any other
acceptability of the Work thereunder. Claims disputes and
provision of the Contract Documents nor any decision
'
other matters relating to the acceptability of the Work or
made by FNGINF..F.:R in good faith either to exercise
the interpretation of the requirements of the Contract
or not exercise such authority or responsibility or the
Documents pertaining to the performance and furnishing of
undertakin_r exercise or performance of any authority
the Work and claims under Articles i i and 12 in respect of
or responsibility by F..NC'rTNFF,R shall create, impose
changes in the Contract Price or Contract Tunes will be
or give rise to any duty owed by ENGINEER to
referred initially to ENGINEER in writing with a request
CONTRACTOR, any Subcontractor, any Supplier,
for a formal decision in accordance with this parasmph,
any other person or organization, or to any surety for
IVritten notice of each such claim, dispute or other matter
or employee or agent of any of them.
will be delivered by the clahmant to ENGINEER and die
'
other party to the .Agreement promptly (but in no event
9.132. FxIGiNEF,R will not supcnise, direct,
later than thirty days) after the start of the occurrence or
control or have authority over or he responsible for
event giving rise thereto, and written supporting data will
CONTRACTOR's means, methods, techniques,
be submitted to FN(flNFFR and the other party within
sequences or procedures of construction, or the safety
sixty days after the stars of such occurrence or event unless
precautions and programs incident thereto, or for any
'
ENGiNEER allows an additional period of time for the
failure of CONTRACTOR to comply with Laws and
submission of additional or more accurate data in suppon
Regulations applicable to the furnishing or
of such claim, dispute or other matter. The opposing piny
lxrfornrance of the Work. ENGINEER will not be
shall submit any response to ENGINEER and the claimant
responsible for CONTR:'1CTOR's failure to perform
within thirty days after receipt of the claimant's last
or iunaish the Work in accordance with the Contract
'
submittal (unless FTNGINF,ER allows additional time).
Documents.
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party:s submittal, if
9.13.3. ENGINEER will not be responsible for the
any, to accordance with this paragraph. ENGINEER's
acts or omissions of CONTRACTOR or of any
written decision on such claim, dispute or other matter will
Subcontractor, any Supplier, or of any other person or
'
be final and binding upon OWNER and CONTRACTOR
organization performing_ or fumishing any of the
unless: 6) an appeal from ENGNEER's decision is taken
llrork.
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A "Dispute
9.13.4. ENGI.NaR's review of the final Application
'
Resolution Agreement", entered into OWNTER OER and
for Payment and accompanying documentation and
CONTRACTOR pursuant to Article 16, or (ii) if no such
all maintenance and operating instructions schedules,
Dispute Resolution Agreement has been entered into, a
guarantees, Bonds and certificates of inspection, tests
written notice of intention to appeal from ENGINEER's
and approvals and other documentation required to be
'
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
thirty days alter the date of such decision and a formal
the requirements of. and in the case of certificates of
proceeding is instituted by the appealing party in a forum of
inspections, tests and approvals that the results
competent jurisdiction to exercise such rights or remedies
certified indicate compliance with, the Contract
as the appealing party may have with respect to such claim,
Documents.
'
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
9.13.5. The limitations upon authority and
' EJCDCOENERALCONU1770NS]91"(1990E(itimj
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wI CIIY OF I-'01t'I' COLLI NS NIODIilCAT1ONS (RE1°4l2000)
1
responsibility set forth in this paragraph 9.13 sikall also
apply to ENIGMTFER's Consultants, Resident Project
Representative and assistants.
ARTICLE Itt-CHANGES IN THE. WORK
10.1. Without invalidatinathe .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 he
authorized by a Written .Amendment, a Change Order, or a
Work Change I:)irective. 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 ONVNER 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 Oirective,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Tunes
with respect to any Work perfommed that is not required by
the Contract D: currents as intended, 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 uncoecring Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by GNGIN FR
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OXNVNTER pursuant to paragraph 10.1, (ii) required
because of acceptance of dgfective Work- under
paragraph 13.13 or correcting de%ctive 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 ageed to by the parties; and
10.4.3. changes in the Contract Price. or Contract
Times which embody the substance of any written
decision rendered by ENIGINEER pursuant to
paragraph 9.1 1;
provided that, in lieu of executing any such Change Cider,
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. CON IR-ACTOR shall ram on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any chan4_e affecting the general scope
of the Work or the provisions of the Contract Document-
EJUDC GENERAL COND1110N5 1910-8 (1990 Utiai)
tt/ C11Y OF FOR1' COLLI NS \tODIPI CATIONS (REV 4P_000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
Liven to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Frond will be adjusted accordingly.
ARTICLE il-CHANGE OF CONTRACT PRICE:
ILL 'The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for fxrforming the Work. All duties.
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall he at CONTRACI'OR's expense
without change in the Contract Price.
11.2. The Contract Price may only he changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be b�sed on
written notice delivered by die party making the claim to
the other parr and to ENGINTER promptly (but uh no
event later than thirty (lays) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the glair. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days alter the start of such occurrence or event (unless
FNGiNF.F,R allows additional time for claunant to submit
additional or more accurate data in support of the claim)
and shall be, accompanied by claimant's written statement
that the adjustment clainhed 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 sluall be determined by 1NGIl`TEER in
accordance nvith paragraph 9.1 1 if O ITNTER and
CONTRACTOR cannot otherwise agee on the amount
involved. NTo 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 anv Work covered by a Chame
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
1 1.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
'
paragraphs 1 1..9.1 through 11.9.3, inclusive),
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to 0XVNTER and
11.3.2. where the Work involved is not covered by
CONTRACTOR and shall deliver such bids to
unit prices contained in the Contract Documents, by a
OWNTM who will then determine, with the advice of
mutually agreed payment basis, including, lump scan
ENGENTEER, which bids, if any. will be accepted. If
'
(which may include an allowance for overhmd and
any subcontract provides that the Subcontractor is to
profit not necessarily in accordance with
be paid on the psis of Cost of the Work plus a fee,
paragraph 11.6.2);
the. Subcontractor's Cost of the Work and fee shall be
'
11.3.3. where the Work involved is not covered by unit
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
prices contained in the Contract Documents and
paragraphs 11.4, 115, 11.6 and 11.7. All
agreement to a lump sum is not reached under
subcontracts shall be subject to the other provisions of
paragraph 11.12, on the basis of the Cost of the Work
the Contract Documents; insofar as applicable.
(determined as provided in p aragaphs 11.4 and 11.5)
'
plus a CONTRAC Ms fee for overhead and profit
11.4.4. Costs of special consultants (including but
(determined as provided inparagraph 11.6).
not limited to engineers, architects, testine
laboratories, surveyors, attorneys and accountants)
Cosr ofthe Work:
employed for services specifically related to the
Work.
'
11.4. The term Cost of the Work mean.- the sum of all
costs necessarily incurred and paid by CONTRACTOR in
11.4.5. Supplemental costs including the following:
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
I I.4.5.1. The proportion of necessary
he in amounts no higher than those prevailing in the
transportation, travel and subsistence e..Tenses of
'
locality of the Prcjcct shall include only the following
CONTRACTOR:s employees incurred in
items and shall not include any of die costs itemized in
discharge oNuties connected with the Work.
paragraph 1 15:
V
1 1.4.5.2. Cast, including transportation and
11.4.1. Payroll costs for employees in the direct
maintenance, of all materials. supplies,
'
employ of CONTRACTOR in the performance of the
equipment, machinery, appliances, office and
Work under schedules of job classifications agreed
temporary facilities at the site and hand tools not
upon by OWNER and CONTRACTOR. Such
owned by the workers, which are consumed in the
employees shall include without limitation
performance of the Work, and cost less market
superintendents, foremen and other personnel
value of such items used but not consumed which
employed full-time at die site. Payroll costs for
remain the property of CONTRACTOR.
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on die
1 1.4.5.3. Rentals of all construction
Work. Payroll costs shall include; -but -not be limited to,
equipment and machinery and the pans thereof
'
salaries and wages plus the cost of fringe benefits
whether rented from CONTRACTOR or others in
vdiich shall include social security, contributions,
accordance with rental agreehnents approved by
unemployment, excise and payroll taxes, workers'
0XVNTER with the advice of E Gl\BER, and the
compensation, health and -retirement benefits, —bonuses,
costs of transportation, loading, unloading,
sick lettieapplicable thereto,
installation, dismantling and removal thereof —all
'
The expenses of performing Work after regular
in accordance with terms of said rental
working hours, on Saturday, Sunday or legal holidays,
agreements. The rental of any such equipment,
shall be included in the above to the extent authorized
machinery or parts shall cease when the use
by MWER.
thereof is no longer necessary for the Work.
'
11.4.2. Cost of all materials and equipment furnished
11.4.5.4. Sales, consumer. use or similar taxes
and incorporated in the Work, including costs of
related to the Work, and for which
transportation and storage thereof, and Suppliers' field
CONTRACTOR is liable, imposed by Laws and
services required in connection therewith. All cash
on
Rt ulations.
discounts shall accrue to unless
OWNER deposits funds with CONTRACTOR with
11.4.5.5. Deposits lost for causes other than
which to make: payments, in which case the cash
negligence of CONTRACTOR, any
discounts shall accrue to 0kVNER. All trade
Subcontractor or anvone directly or indirectly
'
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
OWNER, and CONTRACTOR shall make provisions
fees for permits and licenses.
so that they may be obtained.
11.4.5.6. Losses and damages (and related
1 ].4.3. Payments made by CONTRACTOR to the
expenses) caused by damage, to the Work, not
'
Subcontractors for Work performed or furnished by
compensated by insurance or otherwise, sustained
Subcontractors. If required by OWNER,
by CONTRACfOR in connection with the
' EXI)C GENE- AL COND111ONS 191" (i 99(1 E(itim)
24 u9 CI TY OF FORT COLLINS MO1)IFICA,r10NS MEV 4l200n)
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lxrtormance and furnishing of the Work (except
I 1 i.5. Costs due to the negligence of
losses and damages within the deductible amounts
CONTRACTOR, amr Subcontractor, or anyone
of property insurance established by O\Nri\TER in
directly or indirectly employed by any of them or for
accordance with paragraph 5.9), provided they
whose acts anv of them may be liable, including but
have resulted from causes other than the
not limited to, the correction of ck(ective Work.
negligence of CONTRACTOR, any
disposal of materials or equipment wrongly supplied
Subcontractor, or anyone directly or indirectly
and making good any damage to property.
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
11_5.6. Other overhead or general expense costs of
any hind and the costs of any item not specifically and
approval of OW"NTER No such losses, damages
expressly included in paragraph 11.4.
and expenses shall be included in the Cost of the
Work for the purpose of determining
11.6. The C0N'1'RACTOR's fee allowed to
CONTRACTOR's fee. IL however, any such loss
CONTRACTOR for overhead and profit shall be
or damage requires reconstruction and
determined as follows:
CONTRACTOR is placed in charge thereof,.
CONTRACTOR shall be paid for services a fee
11.6.1. a mutually acceptable fixed fee: or
proportionate to that stated in paragraph 1 1.6,2.
11.6.2. if a fixed fee is not agreed upon. then a lee
'
1 1.4.5.7. The cost of utilities, fuel and sanitary
based on the following percentages of the various
facilities at the site.
portions of the Cost of the Work.
11.4.5,S. Minor expenses such as telegrams,
11.6.2.1. for costs incurred under
long distance telephone calls, telephone service at
paragraphs i 1.4.1 and 11.4.2, the
'
theVsitc, expressage and similar petty cash items in
CONTRACTOR'S fee shall be fifteen percent;
connection with the Work.
11.6.2.=. for costs incurred under
11.4.5.9. Cast of preriums for additional Bonds
paragraph 11.4.3, the CONTRACTOR's fee shall
and insurance required because of changes in the
be five percent;
Work.
11A-2.3, where one or more tiers of
11.5. The term Cost of the Work shall not include any of
subcontracts are on the basis of Cost of the Work
'
the following:
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs H A.1, 11.4.2, 11.4.3 and
115.1. payroll costs and other compensation of
11.6.2 is that the Subcontractor who actually
CONTRACTOR's officers, executives, principals (of
performs or furnishes the Work, at whatever tier,
partnership and sole proprietorships), general managers,
will tic paid a fee of fifteen percent of the costs
engineers, architects, estimators, attorneys, auditors,
incurred by such Subcontractor under paragraphs
accouniants, purchasing and contracting agents,
11.4.1 and 11.4.2 and that anv hitcher tier
expediters, timekeepers, clerks and other'Nrsonnel
Subcontractor and CONTRACTOR will each be
employed by CONTRACTOR whether at the site or in
paid a fee -of --fives )rcent-of-tlna•amount-f, lid -to
CON' RACTOR's principal or a branch office fear,
the-next-loiyer-tier-Subconuaetur; to be neeotiated
general administration of the Work and not specifically
in good faith with the MNI R but not to exceed
'
included in the agreed upon schedule of _job
five lxcem rnt of the aount paid to the next lower
classifications referred to in paragraph 11.4.1 or
tier Suticpntractgr,
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
11.6.24. no fee shall be payable on the basis
'
CONTRACTOR's fee,
of costs itemized under paragraphs 11.4.4, 1 1.4.5
and 11.5;
11.5.2. Expenses of CONTRAC.TOR's principal and
branch offices other than CONTRACTOR's office at
11.6.2 5. the amount of credit to be allowed
'
the site.
by CONTRACTOR to OWNER for any chanize
which results in a net decrease in cost will be the
115.3. Any part of CON'TRACTOR's capital
amount of the actual net decrease in cost plus a
expenses, including interest on CONTRACTOR'S
deduction in CONTRACTOR's lee by an amount
capital employed for the Work and charges agarnst
equal to five percent of such net decrease; and
CO\TRACTOR for delinquent p<rymtents.
11.6.2.6. when both additions and credits are
11.5.4. Cost of premiums for all Bonds and for all
involved in any one change, the adjustment In
insurance whether or not CONTRACTOR is required
CONTRACTOR's fee shall be computed on the
by the Contract Documents to purchase and maintain
basis of the net chance in accordance with
the same (except for the cost of premiums covered by
paragraphs 11.62.1 through 11.6.2.5, inclusive.
'
subparagraph 11.4.5.9 above).
11.7. Whenever the cost of any Work is to be.
'
EJCDC CENERAL COND11101.\S 19If)-S (1990 E(Etiorr)
25
/CITY OF FORT' COLLI NS A IODM I CATIONS (REV •1P_ 000 r
F
' 5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 950 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
I�
11
determined pursuant to paragraphs 11.4 and 11.>,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown touether with supporting data.
Cash .411awances.
i I.S. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to 01VNFR and ENGINEER. CONTRACTOR
aarees that:
11.5.1, the allowances include the cost to
CONTRACfOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site. and all applicable tsaes: 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 Ixiynient on account of any of the foregoing
will be valid_
Prior to final payment. an appropriate Change Order will be
issued as recommended by FNGMF*R 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 lVork.
1 1.9.1. 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 k)r all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of' each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classilicatiorts of Unit Price Work performed by
CONTRACTOR will be made by ENGIRT) ER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
l L9.3. 0\VN1 R or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with article 1 I if:
119.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly Dorn the estimated
quantity of such item indicated in the Agreement;
26 EJCDC GENEKAL CONDITIONS 1910-8 (1990 Ectitim)
WI CITY OF FORT COLLI NS MODIFICA11ONS (REV 42000)
and
11 9.3 2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the rieht to add or delete items in
the laid or change quantities at OWNER'S sole
discretion without affectimia die Contract Price of
anv remaining item so lone as the deletion or
addition does not exceed tiventy-live percent of
the orieinal total Contract Price
ARTICLF 12--CHANGE OF CON"I DUCT TIA9 ES
12.1. The Contract Timcs (or Nlilcstoncs) may only be
changed by a Change Order or a Written Arnendment.
Any claim for an adjustment of the Contract Times (or
\Milestones) shall be based on written notice delivered 6
the party making the claim to the other party and to
FNGINFER 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 e\tLnt of the claim with supporting data shall be
delivered within si;cty days after such occurrence (unless
ENGINEI R allows additional time to ascertain more
accurate data in support of the clai n) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which die
clairnant 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 Nfilestones) shall be determined by
FNGiNE R in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
\Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. tVl time limits stated in the Contract Documents
are of the essence of the Atueemenl.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or N4ilestones) due to delay beyond the control of
CONTRACTOR, the Contract Tinres (or.Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNTER, acts or neglect of utility owners or
other contractors perforating other work as contemplated
by Article 7, fire's, floods, epidemics, abnormal weather
conditions or net,; of God. [')clays attributable to and
1
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
OIVNER and CONTRACTOR, an extension of the
Contract Tunes (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay, in no event shall
OWNER be liable to CONTRACTOR, any Subcontractor.
any Supplier, any other person or organization. or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays hcyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal wcither
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
AR77CLE 13- 1'FS'i'S AND iNSPEC;TIONS;
CORRECTION, REMOVAL OR ACCEPT,VNCE OF
DEPT C'IVE WORT:
13.L Aotice ofDefccts:
Prompt notice of all defective Work of which OWNER or
ENGiNEE.R have actual knowledge will he given to
CON TRACTOR- All defective Work may be rejected,
corrected or accepted as provided in this Article 1.3.
Access to Ii'ork:
13.2. OWWEP, ENGINM R ONTGINEER's Consultants,
other representatives and personnel of OLVNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the. Work at
reasonable --times for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of-
CONTRACTOR's site -afety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTR1aC'TOR shall give )NTGUEER 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. (AN NI ER 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. below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EICDCGENERAL CON MOIN5 1910-5 (1990 E(ttiai)
ce! CITY 01; I+OR'I' COLLI I,S \tODIf;ICA-1'lONS (REV 4R0001
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 Regulatioru of any public body having
jurisdiction require any Work (or part thereof} specifically
to be inspected, tested or approved by an employee or
other representative of such public body. CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, tray all costs
in connection therewith, and furnish RNGIN .Ek the
required certificates of inspection. or approval.
CON'fRAC'I'OR shall also he reslxrmihle for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER'.s acceptance of materials or equipment to
be incorporated in the Work. or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGIt`MER, it must, if requested by ENGiNEFJZ, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the saute and
ENGINEER has not acted with reasonable promptness in
response to such notice.
11neovLring Work
13.8. If anv Work is covered contrary to the written
request. of ENGINTEER it must, if requested by
ENTGINEER, be uncovered for ENGE MER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINTF,R considers it necessary or advisable
that covered Work be observed by ENGLNEER or
inspected or tested by others. CONTRACTOR at
ENGENTEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGIINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such 1Vork is cfective,
CONTRACTOR shall pay all claims. costs losses and
damages caused by, arising out of or resulting from such
uncovennL exposure. observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and. if the parties are unable to agree as to the amount
thereof may make a claim therefor as provided in
!article 11. If. however, such Work is not found to be
&fective, C(:)NTRACTOR 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
J
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 t and 12.
0)[VIVER Mqy Stop the il-'ork:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to famish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNFR may order CONTRACTOR to stop
the Work, or any portion thereof until the cause for such
order has been eliminated; however. this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other part%.
Correction or Removal of Defective !mark:
13.11. If required by ENGINEER, CONTRACTOR shall
prompt]y, as directed, either correct all def dive Work,
whether or not fabricated, installed or completed, or, if the
Work has Ixen rejected by ENGI NEFR, remove it from the
site and replace it with Work that is not 414 fechve.
CONTRACTOR shall pay all claims, casts losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others). .
13.12. Correction Period:
13.12.1. If within one—yeaf 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. anv \\%ork is found to be
c�)J e ive, CONTRACTOR shall promptly, without cost
to OW\rNTER and in accordance with 0\\NEI2's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is. not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions. or in an emergency where
delay would cause serious risk of loss or damage,
O\VNER may have the t t'tactive 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 fetid 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 the7 Specifications or by
Written Amendment.
I I12-3- Where dq` dive Work (and damage to other
�S EJCDC GENERAL CONDMONS 1910-8 (1990 Editim)
n/ 0TY OF FORT COLLINS MODIFICATIONS (REV •tl1000)
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 emended for an additional period of cane --year
two nears after such correction or removal and
replacement has been satisfactorily completed.
.4cceptanceofDefective JVork:
13.13. If. instead of requiring correction or removal and
replacement of defective Work_ O\VNER (and, prior to
ENGMMER's recommendation of final payment, also
LNGINEI'R) prefers to accept it, OWNER may do so,
CONTRACTOR shall pay all claims. costs, losses and
damages attributable to OWNTFR's evaluation of and
determination to accept such defective Work (such costs to
in approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to F:NGINE'fR's
recommendation of final payment, a Change Order will be
issued incorporating the necmmry revisions in die
Contract Documents with respect to the Work: and
OWNER shall he entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNTER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will he paid
by CONTRACTOR to OWVIR.
01UNER Alan Correct Defective 1Fork
1.3.14, if CONTRACTOR fails within a reasonable time
after Nvritten notice from 1 NGINIFER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 1 -1.11, or if
CONTRACTOR fails to perforni the. Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, O\VNTER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency, In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action
O\\'i\TER may exclude CONTRACTOR from all or lnrt of
the site, take Ixassession of all or part of the Work, and
suspend CONTR..ACTOR'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 CAVINER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, CAV" TER's
representatives, agents and employees. OWNER's other
contractors and ENGFNEER and ENGWEER's
Consultants access to the site to enable OW`N-ER to
exercise the rights and remedies under this paragraph. All
claims, costs, lasses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CON fRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents rt%ith 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 amowat thereof. OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
I
J
1
I
damages will include but not be limited to all costs of
repair or replavement of work of others destroyed or
damaged by correction. removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) hecause of any delay in performance of the
NVork attributable to the exercise by OW11NER of OkNfNER's
rights and remedies hereunder.
ARTICLE 14--PAY-MENTS TO CO\TRACTOR AN`D
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will he incorporated into a font of Application for
Payment acceptable to ENGINEER. Progess payments on
account of Unit Price Work will he based on the number of
units completed.
Application for Progress Pgyment:
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
CONTRACf(:)R covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNTER's interest therein, all of which will be
s<�tisfactory to OWNrFR. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement_ nv funds that are withheld by_the OIINTR
shall not tv subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship_ By executing the. application. for paKment
form the CONTRACTOR expressly waives his right to the
benefits of Colmado Rcv sect Statutes Seciion=4-91-101.
et seq.
CONTR4CTOR's IVarranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the.
Project or not. will pass to OWNMR no later than the time
of payment mtent free and clear of all Liens.
Review of.4pplieations for Pruliress Payment:
14.4. ENGNEER will, within ten days after receipt of
each Application for payment, either indicate in writing a
E1CDC (:ENERAL CONDt110M 1910-8 (1990 E&tiai)
WICITY OI' FORT COLLI NS MODIPI CATION& 1M V IP 000)
recommendation of payment and present the Application
to O NTER, or return the Application to CONTTR ACTOR
indicating in writing EIM NEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEE•R'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.
14J5 ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by FNGINEER to OWNER, based on
ENGIiNEER's on -site observations of the executed 1\tort:
as an experienced and qualified desip professional and on
F..NGiNEER's review of the Application for payment and
the accompanying data and schedules. that to the best of
ENGINEER's knowledge, information and belief:
14.5.1. the Mork has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with dtc 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 (br in the Contract
Documcnts, to a final determination ofquantitics and
classifications for Unit Price Work under
paragraph 9. f 0, and to any other qu31itiC2ti0ns stated
in the recommendation), and
14 5.3. the conditions precedent tc
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGNME•R's responsibility to observe the. Work.
However, by recommending any such pa}7uent
ENGINEER will not thereby be dleented to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of die Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENIGTINTTER's recommendation of any payment,
including final payment shall not mean that ENGINEER
is responsible for CONTTRACTOR's means, methods,
techniques, sequences or procedures of construction or
the staler, 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 perform or furnish !Fork in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGTNEER's opinion, it
would be incorrect to make the representations to
29
C
OWNER referred to in paragraph 14.5. ENGINZER hiay
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 reconmmended. to such extent as may be
necessary in ENGINTEER's opinion to protect O1\`NI R
from loss because:
14.7.L the Work is def-five, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Chance Order,
14J_3. OWNER has been required to correct
fective Work or complete Work in accordance with
paragraph 13.14, for
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.
OWNEK may refuse to make payment of the full amount
recommended by ENGINEER because:
14.75. claims have been made against ORrNF.R on
account of CONTRACI'OR's performance or furnishing
of the Work,
14.7.6, Liens have been filed in connection %with the
Work, except where CONTRACTOR has delivered s
specific Bond satisfactory to OW3tER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNTR to a set-
offagainst the amount recommended. or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs l i.2.1
through 15.2.4 inclusive',
but 01VNER ntust give CONTRACTOR immediate
written notice (with a copy to ENGiNTFR) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or am' adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to O NER's satisfaction the
reasons for such action
Subarandal Completion:
14.8. When CONTRACTOR considers the. entire Work
ready for its intended use CONTRACTOR shall notify
OWNNER and EI`iGMTEER in %vriting that the entire Work
is substantially complete (except for items specifically
listed by CONTRi\CTOR as incomplete) and request that
I NGMTEER issue a certificate of Substantial Completion.
Within 'a reasonable tine thereafter, OWNEK
CONTRACTOR and ENGINTEER shal I 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 I NGINFFR
LXVC GENERAL. CONDITIONS 1910- (1990 Edition)
30 w/ CITY OF FORT COLLI NS NIOUIFICATIONS REV 4l.000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate.
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to E\TGI\TEER as to any
provisions of the certificate or attached list. If, after
considerirnV such objections, ENGLNEER 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
OWNFR's objections, ENGINEER considers the Work
substantially complete, FNGINFER will within said
fourteen days execute. and deliver to OW\TER and
CONTRACiOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGIlVEER believes justified after
consideration of arty objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion FNGINF1 R will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and C:Of TTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees: i nAms 01kW R and
CONTRACTOR agree otherwise in writing and so infornm
ENGINEER in warm= prior to ENGINFER's issuing the
definitive certificate of Substantial Completion,
ENGUEER's aforesaid recommendation will be binding
on OWNFR and CONTRACTOR until final payment.
149. 01VNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNTER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNTR at OWNFR's option of any
-substantially completed part of the Work, which: (i) has
specifically been identified in the Contract. Documents, or
(ii) OWNER, ENGI`i TEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work. may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.011NNER at any time may request
CONTRACTOR in writing to permit OW iER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR asuees that such part of
the Work is substantially complete, CONTRACTOR
will certify to 014?LTER and E\TGI\TER that such
part of the Work is substantially complete and request
ENGLNEER to issue a certificate of Substantial
Completion for that part of the Work.
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CONTRACTOR nt any time may notify OWNER and
LNGIi lEER in writing that CONITRAC_TOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGMTEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER. CONTRACTOR and
0,1GTNEER shall make an inspection of that pan of
the Work to determine its status of completion if
ENGINEER does not consider that part of the Work to
be substantially complete, ENTGRTEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. if ENGINEER considers that pan of
the Work to be substantially complete, the provisions
of paragraphs 14.3 and 14'9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
!-final Inspection:
14.11. Upon written notice. from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will mare a final inslxction with OWNER
and CONTRACTOR and will notiR, CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final.41p(icarion forAarment:
14.12. After COM17RACTOP. 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, nmarked-up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The 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
evidence of insurance required by subparagraph 5.4.13,
(ii) consent of the surety. if any, to final payment_ and
(air} 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 equipmment
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 m ight in any way be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
EJCDC GENERAL CONDMONS 1910-5 (1990 Mimi)
w1 CI7Y OF I°OR7' C.OLL INS J10DIFI CA,r10\s (Kf v dP_o0D)
to furnish such a release or receipt um full,
CONTRACTOR may furnish a Tiond or other collateral
satisfactory to OWNER to indemnify OWNER against
rmy Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Proiect manual.
Final Pgpnrent anti. acceptance:
14.13. If, on the basis of ENGINEER's obsen•ation of
the Mork during construction and final inspection, and
F,NCiINEER's review of the final Application for payment
and accompanying documentation as required by the
Contract Documents, FNGiNI:E'R is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days aflcr receipt of
the final Application for Pavmment, indicate in writing
I NGiNEER's recommendation of paynnent and present
the Application to OIN NER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of parayaph 14.15. Otherwise,
ENGiNPER will recur 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
OWNFER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEF.R's recommendation and notice of
acceptability, the amount recommended by ENG rN'EER
will become due and will be paid by OWNER to
CONTRACTOR subiect to paragraph 17.6.2 of these
General Qonditions,
14.14. If, through no fault of CONTRACTOR final
completion of the Work is simiFicantly delayed rind if
ENGINEER so confirms, OWNT-R sltinll, upon receipt of
CONTRACTOR's final :14mphcation for Payment and
recommendation of ENGINL'•ER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated In the Agreement, and if Bonds have lien
furnished as required in paragraph 5.1, the written consent
of the surely to the payment of the balance clue for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENIGINEM with the
.Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment. except that it shall not constitute a waiver of
claims.
)i'aiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR except claims arising —from
unsettled Liens, from defective Work appearing after
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final inspection pursuant to paragraph 14.1 1, from
failure to comply with the Contract Documents or the
terms of anv special guarantees specified therein, or
from CONTRACTOR'S continuing obligation% 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 Or, NVORK AIN'D
TERMINATION
O1YAL'Id,llapSuspend 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
CONURACfOR and ENGINEER which will fix the date
an which Work will be resumed CONTRACTOR shall
resume the Work on the date so fixed CONi'RACfOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or botl>, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
01YANER dlgp Terrinate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perfon»
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
tailure to adhere to the progrm schedule established
under paragraph2.9 as adjusted from time to tune
pursuant to paragraph 6.5);
15.2 2. if CONTRACTOR disregards i..aws or
Regulations of any public body having juri: diction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
I5?.4. if CONTRACTOR otherwise violates in anv
substantial way any provisions of the Contract
Documents;
OWNER may, after giving= CONTRACTOR (and the
surety, if arw) seven days written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRAC"I'OR for trespass or
conversion), incorporate in the ltrork all materials and
equipment stored at the site or for which OWNER has paid
z� EJCDCUENTERALCONDMONS1910-SQ990Edtim)
u/ CTIY OF FORT COLLI NS MODIFICATIONS REV 42000)
CC. NTRACTOR but which are stored elsewhere, and
finish the Work as OWNZR may dean expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. IT the unpaid
balance of the Contract Price exceeds all claims, costs.
loses and damages sustained by OWNTI R 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 0WNE_-R will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated inn Change Order,
provided that when exercising any rights or remedies
under this paragraph O%VIQF..R shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRA( 1'(')R's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
COivTRACfOR from liability.
15.4. Upon seven days written notice to
COI\'TRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of (:AVNTR, elect to terminate the Agreement. In
such case, CONTRACTOR shall he 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 Burns for overhead and profit on such
11'ork;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted tVork, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
insured in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
1 SAA. 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 ,flat' Stop fhork or Terminate:
15.5. If, through no act or fault of CONTRACTOR the
Work is suspended for a period of more than ninety days
by OWNER or Under an order of court or other public
authority, or ENG1NF,ER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACI'OR any
sum finally determined to be. due, then COINM.AC:TOR
may, upon seven clays' written notice to OWNER and
ENGINTEER. and provided OWNER or ENGINEER do not
remedy such suspension of failure within that time.
terminate the Agreement and recover from OWNER
payment on the same terms as provided in mmgmph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has tailed to
act on an .Application for payment within thirty days after it
vs submitted, or OIWNBR has failed for thirty days to pay
CONTRACTOR any sum finally determined to be clue,
COINTTRACTOR may upon seven clays written notice to
O11IrER and ENGINEER stop the (Work until payment of
all such amounts due CONTRACTOR. including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CON'1'RACCOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE; RtiSOLUfION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure fir resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof It' 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, OWNTR and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under die
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—NMCELLAINTEOUS
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 Liven if delivered in person to
the individual or to a meml:�er of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Tinte:
17.2.1. When any period of time is referred to in the
Contract Documents by dav& it will be computed to
exclude the first and include the last clay 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
bx omitted from the computation.
GCDCt:ENEKALCOND TIO\51910-S(1990Editim)
t3ICI1Y OF I-*ORI' COLLINS h1OD11 IC A'CIONS (RL•'V 4200U)
172.2. A calendar (hy of twenty-four hours measured
from midnight to the nest midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CON1'R:ICTOR 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
partys 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 Renterlies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto. and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 111, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNFR and ENGiNEFR thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to anv or all of them
which are otherwise imposed or available. by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, ohligation, right and remedy to which
they apply.
Professional Fees and Court Castv included•
17.5. Whenever reference is made to "claims, costs,
losses aril damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Cnlorndo al�ly_tg dais
:agreement._ Reference to iyao,pertinent mdo Colostatutes
are as follows:
1762 If a claim is filed, OWNER is required by
law (CRS 3826-107) to withhold from ail payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor. materials. team hire
susterttmce. provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
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' EJCDC (3ENER.4L C:ONpIIIONS I9I0;3 (1990 Ed im)
C1 34 %V 1Y OF FOR'C COLLI NS MOUIF1C:47'IONS ('REV 412000)
(-this page left blank intentionally.)
' UC:PCGEF+LRAL C:ONDITION5 I910-S (1!)90 Ed iiau 35,
WICI7Y OF FORT COLLINS MODIFICATIONS (IWV d200ol
'
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
' 7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
' 7.2. 6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as
follows:
' n/a
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers n/a to n/a, inclusive.
' 7.5. The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
' 7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only
' be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 8. MISCELLANEOUS
' 8.1. Terms used in this Agreement g ment which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
I
Section 00520 Page 4
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3G EJCDC GENET AL CONDI]IONS 1910-8 (1990 Edilim)
w!CIlY OF FORT COLLINS MODIFICATIONS (RINd2000)
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EXHIBIT GC -A to General Conditions
of the Construction Contract Behveen
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEINIGt1'T
01AWE-R and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONfRACfOR arising
out of or relating to the Contract laoxuments or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.1 -) 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 «rill he specifically enforceable
under the prevailing law of any court having jurisdiction.
16.?. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
I iGL LEER initially for decision ut accordance with
paragraph 9.11 will I e made until the earlier of (a) the date
on which INGfNEER 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 I NGl]` ER before that date. No demand for
arbitration of any such claun, dispute or other matter will
be made later than thirty days after the (Lite on which
F.NGTNEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty- days-' period will
result in ENGINEER's decision being final and binding
upon OBI-NER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to die parties concerned. No demand
for arbitration of any written decision of F—INGINEER
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 9.1 fit.
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 -clay or ten -clay
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claun, 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 to barred by the
applicable statute of limitations.
EJCDC GENERAL CONDITIONS 1910-S t1990 Edition)
%vr CITY OF FORT COLLI NS IMODIFiCATIONS tRFV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation. joinder or in any
other manner any other person or entig (including
ENGINEER- ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16A.1. the inclusion of such other person or entity is
necessary if complete reehef is to be afforded anhong
those who are. already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of late 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 fix 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 OWNF..R and
CONTRACTOR involves the Work of a Subcontractor,
either OIVNER or CONTRACTOR may join such
Subcontractor as n party to the arbitration between OIVNER
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 0XVINMR and
CONTRACTOR involving the Rork 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 he entered upon it in any court having
jurisdiction thereof. and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR acree that they
shall first submit any and all unaided 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 nediation
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
Firag•raphs 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 li nits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation undcF this Agreement
shall not serve as arhitrator of such dispute unless otherwise
agreed.
GC -A I
11
E7t',DC C,FNF.RA[. CONDITIONS 1910-8 (1990 F.dilkwo GC -AI
%V/ CITY OF FORT COLLINS (MODIFICATIONS (REV 9194)
SE
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SECTION 00800
SUPPLEMENTARY CONDITIONS
n
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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:
1
IRev 10/20/07 Section 00800 Page 1
5.4.1 and 5.4.2
' Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined.single limits (CSL).
' 5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule -0- days lost due to
1 abnormal weather conditions.
1
' Rev 10/20/07 Section 00800 Page 2
SECTION 00900
' ADDENDA, MODIFICATIONS AND PAYMENT
' 00950 Contract 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 o OF THIS CHANGE ORDER
TOTAL C.O.$ OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
Rev 10/20/07
DATE:
DATE:
DATE:
Section 00950 Page 1
M M M M M M M M M M M M M M M M M
.5`Pr`t'lnn nnatin
APPLICATION FOR PAYMENT
PAGE 1 OF 4
OWNER: City of Fort Collins
PROJECT:
APPLICATION NUMBER:
APPLICATION DATE:
ENGINEER:
PERIOD BEGINNING:
CONTRACTOR:
PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS
Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT
follows:
1
2
Original Contract Amount:
3
Net Change by Change Order:
Current contract Amount:
$0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
$0.00
Less Retainage:
Net Change by Change Order $0.00
AMOUNT DUE THIS APPLICATION:
$0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the
CONTRACTOR.
Date: By.
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By.
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By.
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By.
Rev 10/20/07 Section 00960 Page 1
M M M M M M M M M M M M M M M
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
Number Description Quantity Units Price Amount
Qty.
Amount
Qty. Amount
Qty.
Amount
Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
Section 00960 Page 2
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
discharge that assignor
consent to an assignment no assignment will release
from any duty or responsibility under the Contract
or
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.
I
Section 00520 Page 5
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Item
Month
Periods
Date
Materials
Total
This
Earned Percent
Unit
To
Number Description Quantity Units
Price Amount
Qty. Amount
Qty. Amount
Qty.
Amount
Period
Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
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$0.00
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$0.00
$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0100
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 1
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
Section 00960 Page 3
Section 00960 Page 4
2010 HOT -IN -PLACE RECYCLIING PROJECT
GENERAL REQUIREMENTS INDEX
SECTION
01010
01040
01310
01410
01510
01560
01700
01800
11
Summary of Work .
Coordination
Construction Schedules
Testing
Temporary Utilities
Temporary Controls
Contract Closeout
Method of Measurement and Basis of Payment
PAGE NUMBERS
General Reqs 1-3 .
General Reqs 4-5
General Reqs 6-7
General Reqs 8-9
General Reqs 10
General Reqs 11
General Reqs 12
General Reqs 13
' SECTION 01010
SUMMARY OF WORK
1.1 DESCRIPTION OF WORK
A. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially
designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating
' agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix
bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one
continuous pass shall be used.
' This work shall be performed on designated streets in the City Fort Collins and the City of Loveland as described in
Section 02500, Quantity Estimate and Section 03500, Project Maps.
1 B. Protection and Restoration.
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions. Also see tree protection standards.
C. Construction Hours
' 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday,
unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance
with Section 1560.
2. Any work performed by the Contractor outside of the constriction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for
' field engineering and inspection shall be $50.00 per hour.
1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES
' A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
' B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to
temporarily deny access or services.
C. Contact utilities at least 48 hours prior excavating near underground utilities.
D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
' work schedule and any items which would affect their daily operation.
E. Erika Keeton and/or Kathleen Maddux will be the ENGINEER (Manager/Project Engineer).
' Darrin Moritz 970-221-6615
Kathleen Maddux 970-221-6615 Mobile/Pager 970-222-8781
General Requirements - Page I of 13
SECTION 01010
SUMMARY OF WORK
F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
UTILITIES
Water: City of Fort Collins Colorado
970-221-6700, Meter Shop 970-221-6759
Storm Sewer:
City of Fort Collins, Colorado
970-221-6589
Sanitary Sewer:
City of Fort Collins, Colorado
970-221-6681
Electrical:
City of Fort Collins, Colorado
970-482-5922,970-221-8553
Gas:
Xcel Energy Emergency 1-800-895-2999
Local Contact: Pat Kreager 970.566.4416
Telephone:
UNCC / 1-800-922-1987
Local Contact: Debbie Kautz 970.689.0635
Traffic Operations:
City of Ft. Collins, Colorado
970-221-6630
Cable Television:
Comcast
970-493-7400
*Utility Locates Under One -call System
1-800-922-1987
General Requirements - Page 2 of 13
SECTION 01010
SUMMARY OF WORK
AGENCIES
Safety:
Occupational Safety and Health Administration
(OSHA): 844-3061
Fire:
Poudre Fire Authority
Non -Emergency: 970-221-6581
Emergency: 911
Police:
City of Fort Collins Police Department
Non -Emergency: 970-221-6540
Emergency: 911
Postmaster:
US Postal Service: 225-4111
END OF SECTION
Larimer County Sheriffs Department:
Non -Emergency: 970-221-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency: 970-484-1227
Emergency: 911
Transportation:
Transfort: 970-221-6620
Traffic Engineering: 970-221-6630
General Requirements - Page 3 of 13
SECTION 01040
COORDINATION
1.1
GENERAL CONTRACTOR RESPONSIBILITIES
'
A.
Coordinate
operations under contract in a manner which will facilitate progress of the Work. The Contractor shall
also coordinate with the Landscape Contractor whose Work is separate from the General Contractors contract.
'
B.
Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
'
C.
Coordinate operations under contract with utility work to allow for efficient completion of the Work.
D.
Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to
'
provide satisfactory access at all times and keep them informed at all times.
1.2
CONFERENCES
'
A.
A Pre -construction Conference will be held prior to the start of construction.
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
' Control Supervisor assigned to the project.
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project.
3. The Engineer shall invite all utility companies involved.
' 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5. The Engineer shall introduce the project Representatives.
' B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work,
refining project schedules, and utility coordination.
' C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or
is affected by, the work of others.
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
' 1.3 PROGRESS MEETINGS
IA. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly
and at other times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include:
1. Contractor and Superintendent. _
2. Owner's Representatives.
' 3. Engineer and Resident Project Representative.
4. Traffic Control Supervisor
5. Others as may be requested by Contractor, Engineer or Owner.
1
General Requirements - Page 4 of 13
' SECTION 01040
COORDINATION
C. Minimum agenda shall include:
1. Review of work progress since last meeting.
2. Identification and discussion of problems affecting progress.
' 3. Review of any pending change orders.
4. Revision of Construction Schedule as appropriate.
D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets
' shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the
monthly progress estimates. This process ensures accurate monthly project pay estimates.
END OF SECTION
General Requirements - Page 5 of 13
C�
.1
1
SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates. This
schedule will show how the contractor intends to meet the milestones set forth.
1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of
delivery of equipment and materials.
1.2 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others.
C. The schedule must show how the street, landscaping and various utility work will be coordinated.
1.3 CONTENT
A. Construction Progress Schedule.
1. Show the complete work sequence of construction by activity and location.
2. Show changes to traffic control.
3. Show project milestones
B. Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials.
2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for
equipment and materials, reference Section 01340.
1.4 PROGRESS REVISIONS
A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when
requested by Owner or Engineer, and with each application for progress payment.
B. Show changes occurring since previous submission.
1. Actual progress of each item to date.
2. Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1. Anticipated problems, recommended actions, and their effects on the schedule.
2. The effect of changes on schedules of others.
General Requirements - Page 6 of 13
1-1
' SECTION 01310
CONSTRUCTION SCHEDULES
L5 OWNER'S RESPONSIBILITY
' A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting Contractor
in coordinating the Work with the needs of the Project.
' B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques,
sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
1
General Requirements - Page 7 of 13
1