HomeMy WebLinkAbout451325 HYDRO ELECTRIC LLC - CONTRACT - RFP - 7158 PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN COMMUNITY CENTER (2)1
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SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00610
00615
00630
00635
00640
00650
00660
00670
SECTION 00600
BONDS AND CERTIFICATES
Performance Bond
Payment Bond
Certificate of Insurance
Certificate of Substantial Completion
Certificate of Final Acceptance
Lien Waiver Release (CONTRACTOR)
Consent of Surety
Application for Exemption Certificate
c. Request for determination of inapplicability of Section 1605 of the
Recovery Act.
'
(1)
(i)Any recipient request to use foreign iron, steel, and/or
manufactured goods in accordance with paragraph (b)(3) of this
'
section shall include adequate information for Federal Government
valuation of the request, including —
(A) A description of the foreign and domestic iron, steel,
and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign
iron, steel, and/or manufactured goods cited in accordance
with paragraph (b)(3) of this section.
(ii)A request based on unreasonable cost shall include a reasonable
I
survey of the market and a completed cost comparison table in the
format in paragraph (d) of this section.
(iii)The cost of iron, steel, and/or manufactured goods material
I
shall include all delivery costs to the construction site and any
applicable duty.
(iv)Any recipient request for a determination submitted after
Recovery Act funds have been obligated for a project for
construction, alteration, maintenance, or repair shall explain
why the recipient could not reasonably foresee the need for such
determination and could not have requested the determination
before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a
determination.
(2)If the Federal Government determines after funds have been obligated
for a project for construction, alteration, maintenance, or repair
that an exception to section 1605 of the Recovery Act applies, the
award official will amend the award to allow use of the foreign
'
iron, steel, and/or relevant manufactured goods. When the basis for
the exception is nonavailability or public interest, the amended
'
award shall reflect adjustment of the award amount, redistribution
of budgeted funds, and/or other actions taken to cover costs
associated with acquiring or using the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established
in 2 CFR 176.110(a).
'
(3)Unless the Federal Government determines that an exception to
section 1605 of the Recovery Act applies, use of foreign iron,
steel, and/or manufactured goods is noncompliant with section 1605
'
of the American Recovery and Reinvestment Act.
d. Data. To permit evaluation of requests under paragraph (b) of this
section based on unreasonable cost, the Recipient shall include the
Section 00800 Page 16
' following information and any applicable supporting data based on the
survey of suppliers:
' Foreign and Domestic Items Cost Comparison
Description
Unit of
Quantity
Cost
Measure
(dollars
Item 1:
Foreign
steel, iron,
or manufactured
good
Domestic
steel, iron,
or manufactured
good
Item 2:
Foreign
steel, iron,
or manufactured
good
Domestic
steel, iron,
or manufactured
good
List name, address, telephone number, email address, and contact for
suppliers surveyed. Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
8. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)
THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT
MAY INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR. THIS AWARD
TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
a. Section 1606 of the Recovery Act requires that all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to the Recovery Act shall be paid wages at rates
not less than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code.
' Pursuant to Reorganization.Plan No. 14 and the Copeland Act, 40 U.S.C.
3145, the Department of Labor has issued regulations at 29 CFR parts 1,
3, and 5 to implement the Davis -Bacon and related Acts. Regulations in
29 CFR 5.5 instruct agencies concerning application of the standard
Davis -Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the
Recovery Act shall ensure that the standard Davis -Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant
covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606,
contact your awarding agency. Recipients of grants, cooperative
agreements and loans should direct their initial inquiries concerning
' the application of Davis -Bacon requirements to a particular federally
Section 00800 Page 17
' assisted project to the Federal agency funding the project. The
Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
9. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV
2009)
rTHIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE REQUIREMENTS
UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE. THIS AWARD TERM
IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS.
' Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and
Contract Work Hours and Safety Standards Act, the following definitions are
applicable:
(1)"Award" means any grant, cooperative agreement or technology
investment agreement made with Recovery Act funds by the Department
of Energy (DOE) to a Recipient. Such Award must require compliance
with the labor standards clauses and wage rate requirements of the
Davis -Bacon Act (DBA) for work performed by all laborers and
mechanics employed by Recipients (other than a unit of State or
local government whose own employees perform the construction)
Subrecipients, Contractors, and subcontractors.
(2)"Contractor" means an entity that enters into a Contract. For
'
purposes of these clauses, Contractor shall include (as applicable)
prime contractors, Recipients, Subrecipients, and Recipients' or
Subrecipients' contractors, subcontractors, and lower -tier
subcontractors.—Contractors1 does not mean a unit of State or local
'
government where construction is performed by its own employees.11
(3)"Contract" means a contract executed by a Recipient, Subrecipient,
prime contractor, or any tier subcontractor for construction,
alteration, or repair. It may also mean (as applicable) (i)
financial assistance instruments such as grants, cooperative
agreements, technology investment agreements, and loans; and, (ii)
Sub awards, contracts and subcontracts issued under financial
1
assistance agreements.—Contract11 does not mean a financial
assistance instrument with a unit of State or local government where
construction is performed by its own employees.
(4)"Contracting Officer" means the DOE official authorized to execute
an Award on behalf of DOE and who is responsible for the business
management and non -program aspects of the financial assistance
process.
(5)"Recipient" means any entity other than an individual that receives
an Award of Federal funds in the form of a grant, cooperative
'
agreement, or technology investment agreement directly from the
Federal Government and is financially accountable for the use of any
DOE funds or property, and is legally responsible for carrying out
the terms and conditions of the program and Award.
(6)"Subaward" means an award of financial assistance in the form of
money, or property in lieu of money, made under an award by a
Recipient to an eligible Subrecipient or by a Subrecipient to a
lower -tier subrecipient. The term includes financial assistance when
'
provided by any legal agreement, even if the agreement is called a
contract, but does not include the Recipient's procurement of goods
and services to carry out the program nor does it include any form
Section 00800 Page 18
of assistance which is excluded from the definition of—AwardII
above.
(7)"Subrecipient" means a non -Federal entity that expends Federal funds
'
received from a Recipient to carry out a Federal program, but does
not include an individual that is a beneficiary of such a program.
'
(a) Davis Bacon Act
(1) Minimum wages.
(i)All laborers and mechanics employed or working upon the site of
the work '(or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the
project), will be paid unconditionally and not less often than
once a week, and, without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by
i�
regulations issued.by the Secretary of Labor under the Copeland
Act (29 CFR part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual
031510 Not Specified/Other 20 relationship which may be alleged
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to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide
fringe benefits under section l(b)(2) of the Davis -Bacon Act on
behalf of laborers or mechanics are considered wages paid to such
'
laborers or mechanics, subject.to the provisions of paragraph
(a)(1)(iv) of this section; also, regular contributions made or
costs incurred for more than a weekly period (but not less often
'
than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics
shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually
performed, without regard to skill, except as provided in
§5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for
each classification for the time actually worked therein,
provided that the employer's payroll records accurately set forth
'
the time spent in each classification in which work is. performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph (a)(1)(ii) of this
section) and the Davis -Bacon poster (WH-1321) shall be posted at
all times by the Contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be
easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of
laborers or mechanics, including helpers, which is not listed
in the wage determination and which is to be employed under
the Contract shall be classified in conformance with the wage
'
determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
Section 00800 Page 19
(1) The work to be performed by the classification requested
is not performed by a classification in the wage.
determination;
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(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B)If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their
'
representatives, and the Contracting Officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken shall be sent by the Contracting Officer to the
Administrator of the Wage and Hour Division, U.S. Department
of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of
receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30-day period that
additional time is necessary.
(C)In the event the Contractor, the laborers or mechanics to be
employed in the classification or their representatives, and
the Contracting Officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the Contracting
Officer shall refer the questions, including the views of all
interested parties and the recommendation of the Contracting
'
Officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.
(D)The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this
'
section, shall be paid to all workers performing work in the
classification under this Contract from the first day on which.
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for
a class of laborers or mechanics includes a fringe benefit which
'
is not expressed as an hourly rate, the Contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
(iv) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of
'
any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan
or program, provided that the Secretary of Labor has found, upon
the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of
I�
Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or
program.
Section 00800 Page 20
(2)Withholding. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or
'
cause to be withheld from the Contractor under this Contract or any
other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the Contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949
'
in the construction or development of the project), all or part of
the wages required by the Contract, the Department of Energy,
Recipient, or Subrecipient, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such violations have ceased.
'
(3)Payrolls and basic records.
(i)Payrolls and basic records relating thereto shall be maintained
by the Contractor during the course of the work and preserved for
a period of three years thereafter for all laborers and mechanics
working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the
'
construction or development of the project). Such records shall
contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of
'
wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the
types described in section l(b)(2)(B) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made, and
actual wages paid. Whenever the Secretary of Labor has found
j
under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in
section l(b)(2)(B) of the Davis -Bacon Act, the Contractor shall
maintain records which show that the commitment to provide such
'
benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated
in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or
1
trainees under approved programs shall maintain written evidence
of the registration of apprenticeship programs and certification
of trainee programs, the.registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
' (ii)(A) The Contractor shall submit weekly for each week in which
any Contract work is performed a copy of all payrolls to the
Department of Energy if the agency is a party to the Contract,
but if the agency is not such a party, the Contractor will submit
the payrolls to the Recipient or Subrecipient (as applicable),
ISection 00800 Page 21
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applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy. The payrolls submitted
'
shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i), except that
full social security numbers and home addresses shall not be
included on weekly transmittals. Instead, the payrolls shall only
need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social
security number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is available
for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor
site. The prime Contractor is responsible for the submission of
copies of payrolls by all subcontractors. Contractors and
'
subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them
upon request to the Department of Energy if the agency is a party
to the Contract, but if the agency is not such a party, the
Contractor will submit them to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be,
for transmission to the Department of Energy, the Contractor, or
the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with
prevailing wage requirements. It is not a violation of this
'
section for a prime contractor to require a subcontractor to
provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient
(as applicable), applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a —Statement
of Compliance,11 signed by the Contractor or subcontractor or
'
his or her agent who pays or supervises the payment of the
persons employed under the Contract and shall certify the
following:
(1)That the payroll for the payroll period contains the
information required to be provided under § 5.5 (a)(3)(ii)
of Regulations, 29 CFR part 5, the appropriate information
is being maintained under § 5.5 (a)(3)(i) of Regulations,
29 CFR part 5, and that such information is correct and
complete;
(2)That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the Contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
'
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(3)That each laborer or mechanic has been paid not less than
the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated
into the Contract.
(C) The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH-347 shall
satisfy the requirement for submission of the —Statement of
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Section 00800 Page 22
Compliance11 required by paragraph (a) (3) (ii) (B) of this
section.
(D)The falsification of any of the above certifications may
'
subject the Contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 3729 of
title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records
required under paragraph (a)(3)(i) of this section available for
inspection, copying, or transcription by authorized
representatives of the Department of Energy or the Department of
Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make
them available, the Federal agency may, after written notice to
the Contractor, sponsor, applicant, or owner, take such action as
may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records.
available may be grounds for debarment action pursuant to 29 CFR
5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a
State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
'
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Office of Apprenticeship Training, Employer
and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
I,
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to
the Contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as stated
above, shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. Where a
'
Contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the Contractor's or subcontractor's
registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the
applicable wage determination. Apprentices shall be paid fringe
Section 00800 Page 23
' benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
' benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination. In
the event the Office of Apprenticeship Training, Employer and
Labor Services, or a State Apprenticeship Agency recognized by
' the Office, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
■
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be
'
greater than permitted under the plan approved by the Employment
and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the
'
trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in
'
accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour
'
Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the
wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a
training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work
actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually
performed. In the event the Employment and Training
Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
t(iii)
Equal employment opportunity. The utilization of apprentices,
trainees, and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended and 29 CFR part 30.
ISection 00800 Page 24
(5)Compliance with Copeland Act requirements. The Contractor shall
comply with the requirements of 29 CFR part 3, which are
incorporated by reference in this Contract.
(6)Contracts and Subcontracts. The Recipient, Subrecipient, the
Recipient's, and Subrecipient's contractors and subcontractor shall
insert in any'Contracts the clauses contained herein in(a)(1)
through (10) and such other clauses as the Department of Energy may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all of the
paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses
in 29 CFR 5.5 may be grounds for termination of the Contract, and
for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All
rulings and interpretations of the Davis -Bacon and Related Acts
'
contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this Contract.
'
(9) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this Contract shall not be subject to
the general disputes clause of this Contract. Such disputes shall be
resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR parts 5; 6, and 7. Disputes within the
meaning of this clause include disputes between the Recipient,
Subrecipient, the Contractor (or any of its subcontractors), and the
contracting agency, the U.S. Department of Labor, or the employees
'
or their representatives.
'
(10) Certification of eligibility.
(i)By entering into this Contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the Contractor's firm is a person or firm ineligible
'
to be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii)The penalty for making false statements is prescribed in the
'
U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this
paragraph, the terms laborers and mechanics include watchmen and
'
guards.
(1)Overtime requirements. No Contractor or subcontractor contracting
for any part of the Contract work which may require or involve the
'
employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek
'
unless such laborer or mechanic receives compensation at a rate not
Section 00800 Page 25
' SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that 1000805957
' (Firm) Hydro Electric, LLC
(Address) P. 0. Box 206, Bellvue, CO 80517
(an Individual), (a Partnership), (a Corporation), hereinafter
' referred to as the "Principal" and
(Firm)American Contractors Indemnity Company
' (Address) 601 S. Figueroa St., #1600, Los Angeles, CA 90017
hereinafter referred to as "the Surety", are held and firmly bound
unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado
80522 a (Municipal Corporation) hereinafter referred to as the
"OWNER", in the penal sum of $205,355.00
in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, successors and assigns,
' jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal
' entered into a certain Agreement with the OWNER, dated the 20th day of
September, 2010, a copy of which is hereto attached and made a part
hereof for the performance of The City of Fort Collins project, 7158
' Photovoltaic System at Northside Aztlan Community Center.
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 Section 00610 Page 1
tless
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
'
(2)Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in paragraph (b)(1)
of this section, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States
(in the case of work done under contract for the District of
'
Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in
paragraph (b)(1) of this section, in the sum of $10 for each
'
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in
paragraph (b)(1) of this section.
(3)Withholding for unpaid wages and liquidated damages. The Department
of Energy or the Recipient or Subrecipient shall upon its own action
'
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any,
moneys payable on account of work performed by the Contractor or
'
subcontractor under any such contract or any other Federal contract
with the same prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (b)(2) of this
'
section.
(4)Contracts and Subcontracts. The Recipient, Subrecipient, and
Recipient's and Subrecipient's contractor or subcontractor shall
.'
insert in any Contracts, the clauses set forth in paragraph (b)(1)
through (4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for compliance by
1'
any subcontractor or lower tier subcontractor with the clauses set
forth in paragraphs (b)(1) through (4) of this section. The
Contractor or subcontractor shall maintain payrolls and basic
'
payroll records during the course of the work and shall preserve
them for a period of three years from the completion of the Contract
for all laborers and mechanics, including guards and watchmen,
working on the Contract. Such records shall contain the name and
'
address of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. The records
to be maintained under this paragraph shall be made available by the
Contractor or subcontractor for inspection, copying, or
transcription by authorized representatives of the Department of
Energy and the Department of Labor, and the Contractor or
'
subcontractor will permit such representatives to interview
employees during working hours on the job.
'
Section 00800 Page 26
1
SECTION 00900
' ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
1
11
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.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
DATE:
DATE:
DATE:
Section 00950 Page 1
ISection 00960
APPLICATION FOR PAYMENT
PROJECT:
PAY ESTIMATE NO:
DATE:
' CONTRACTOR:
ADDRESS:
CONTRACT FOR:
PARTIAL TO
The undersigned Contractor certifies that to
the best of his knowledge, information and
belief the work covered by this application
for Payment has been completed in
accordance with the Contract Documents,
that all accounts have been paid by him for
Work for which previous Certificates for
Payment were issued and payments
received, in this current payment shown
herein is now due.
CONTRACTOR:
By:
FINAL TO
In accordance with the Contract Documents,
based on site observations and the data
comprising the above application, the
Architects Certifies to the Owner that the
Work has progressed to the point indicated;
that the best of his knowledge, information
and belief, the quality of the Work is in
accordance with the Contract Documents,
and that the Contractor is entitled to payment
of the AMOUNT CERTIFIED.
ENGINEER:
By:
Date:
' Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is
attached.
The present status of the account for this Contract is as follows:
ORIGINAL CONTRACT AMOUNT
APPROVED CHANGE ORDERS TO DATE
ADJUSTED CONTRACT AMOUNT
TOTAL WORK COMPLETED AND MATERIALS USED
RETAINAGE (10% OF TOTAL)
TOTAL EARNED LESS RETAINAGE
LIQUIDATED DAMAGES WITHHELD
'
TOTAL EARNED LESS LIQUIDATED DAMAGES
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
. I
APPROVED BY:
(Title)
cc: Accounting City Clerk
Contractor Engineer
Project File
DATE:
' Section 00960 Page 1
I
WORK CHANGE DIRECTIVE
INSTRUCTIONS
A. GENERAL INFORMATION
' This docutnent was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. These changes are often initiated in The field and may affect the
Contract'Price or the Contract Times. This is ilot a Change Order, but only a directive to proceed with Work
that: may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract
Times a Field Order should be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description orthe items involved and attachments.
' Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OIL DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to
' be used in determining the final cost of Work involved and the estimated net effect on the Contract
Price. If the change involves an increase in the Contract Price and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated price or Contractor may stop the changed Work when. the
estimated time is reached. Ifthe Work Change Directive is not likely.to change the Contract Price,
the space for estimated increase (decrease) should be marked "Not Applicable".
Once Engineer has completed and signed the form, all copies should he sent to Chvner for authorization
because Engineer alone dues not have authority to authorize changes in Price or Tittles. Once authorized
by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by
Change Order signed by Owner and Contractor with Engineer's recommendation.
Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change
Directive.
Once the Work covered by*this directive is completed or final cost and times are. deterrnin 4 Contractor
should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AF1 ECT TI4E CONTRACT
PRICE OR CONTRACT 11MES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED
PROMPTLY.
1
Section 00970 Page 1
I
WORK CHANGE DIRECTIVE
'
No:
DATE OF ISSUANCE
EFFECTIVE DATE
OWNER
CONTRACTOR
'
Contract:
Project:
OWNER's Contract No.
ENGINEER's Project No.
You are directed to proceed
promptly with the following change(s):
Description:
Purpose of Work Change Directive:
'
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a
'
Change Order based thereon will involve one or more of the following methods as defined in the
Contract Documents.
t
Method of determining change in
Contract Price:
Unit Prices
'
Lump Sum
'
Cost of the Work
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract
'
$
If the change involves. an increase, the estimated
Times;
Substantial Completion: days;
amount is not to be exceeded without further
Ready for final payment: days.
authorization.
'
RECOMMENDED:
AUTHORIZED:
' ENGINEER OWNER
By:. By:
EJCDC No. 1910-8-F (1996 Edition)
Meptued.by the Enpaom idinrCottrw DoomentrCommittee And endorsed by The Associated General Contrwton.of America and tha.Conwvction spWifcationa
' tNdtate.
1
' Section 00970 Page 2
rvAdvancement
of Construction
?ethnology REQUEST FOR
INTERPRETATION
Project: R.F.I. Number:
From:
To: Date:
A/E Project Number:
Re: Contract For:
Specification Section: Paragraph: Drawing Reference: Detail:
Request:
Signed by: Date:
Response:
❑ Attachments
Response From: To: Date Rec'd: Date Ret6d:
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSI Form 13.2A
Section 00970 Page 3
1
1
1
1
Advancement
of Construction
Technology
CLARIFICATION
NOTICE
Project: Clarification Notice Number:
From:
To: Date:
A/E Project Number:
Re: ContractFor:
This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable
from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance
with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time.
Specification Section: Paragraph: Drawing Reference: Detail:
Description:
❑ Attachments
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CSl Form I3.3A
Section 00970 Plage 4
Advancement
of Construction
'
rechnology
FIELD
ORDER
'
Project:
Field Order Number:
From:
To:
Date:
f ,
A/E Project Number:
Re:
Contract For:
'
You are hereby directed to execute promptly this Field Order
which interprets the Contract Documents or orders minor changes in the
Work without change in Contract Sum or Contract Time.
'
If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and
to with this Work.
prior proceeding
tSpecification
Section: Paragraph:
Drawing Reference: Detail:
Description of Interpretation or Change:
❑ Attachments
' Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specification Institute, Page of July 1994
99 Canal Center Plaza, Suite 300 Alexandria, VA 22314 CS Form 13.4A
Section 00970 Page 5
ATTACHMENT A
' City of Fort Collins Sustainable Design. Requirements
SUSTAINABLE DESIGN
' Definition of Sustainable Design: "Meeting the needs as a society
today without compromising the ability of future generations to meet their
needs."
' It should not be a surprise to know that 35-50% of the total energy
produced in this country is consumed by the built environment. The resources
required to create, operate and replenish this level of infrastructure and
' income are enormous and diminishing. U.S. consumers utilize greater
resources per capita than any other people worldwide. We consume about
20,000 pounds per person per year of construction -related materials. These
include virgin forest products, fuels, steel, glass, cement and plastics.
' 20-30% of the waste being delivered to landfills across the country is
building demolition/construction waste. We cannot continue this trend
without severely impacting future generations.
As part of the scope of this design proposal, the Proposer shall
include the services of a qualified and certified professional LEED
consultant. The design team will coordinate all LEED activities throughout
' each phase of the design and construction process. The LEED consultant shall
be responsible for coordinating and submitting all documentation to the USGBC
for project certification on behalf of the owner. The owner shall pay any
direct fees to USGBC for LEED registration and certification review.
Integrated, innovative, sustainable building techniques minimize energy
usage and damage to the environment while providing benefits for people using
' these facilities. The design team will be expected to use an integrated
"whole project" design approach to take into consideration the effect of the
design elements, energy and resource constraints, building systems, and the
' effect that the site and building function have on one another. Use of an
integrated approach is required to address building orientation, daylighting
opportunities, building envelope, and building system choices. Use of a
multidisciplinary team approach is encouraged that allows all team members to
' share specialized expertise and coordinate their individual design efforts to
achieve a synergistic, environmentally responsible project. The
Architect/Engineer, as the leader of the design team and process, shall be
responsible for maintaining the focus on and commitment to the integrated
' high performance goals of the project.
SUSTAINABLE DESIGN RATING SYSTEM
'. It is the intent of the City of Fort Collins that every project earns
enough credits using the US Green Building Council's (USGBC) LEED' Green
Building Rating System to earn a "Gold" level certification. The most
' current version of LEEDI at the time of project design shall be used. It is
the City's preference that at least 6 value points come from LEED Category
Credit 1 - Optimize Energy Performance in the Energy and Atmosphere category.
t
PROVIDED, FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or to the Work to be performed
thereunder or the Specifications accompanying the same shall in any
' way affect its obligation on this bond; and it does hereby waive
notice of any such change, extension of time, alteration or addition
to the terms of the Agreement or to the Work or to the Specifications.
' PROVIDED, FURTHER', that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose
' claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to
' transact business' in the State of Colorado and be acceptable to the
OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3)
counterparts, each one of which shall deemed an original, this30th
day of September 20
' IN PRESS E 7
/ ri al/ `
I
' (Corporate Seal)
IN PRESENCE OF:
Mike Carmien /4/%
(Title) ((�/
P. 0. Box 206, Bellvue, CO 80512
(Address)
Other Partners
By:
By:
Surety
BY :/2 GI • G��.�
David A. Wooldridge, Attorney In Fa t
By:1100 Haxton Dr., #100, Ft. Collins, CO 80525
(Address)
i{ (Surety Seal)
NOTE: DAT.E OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
I£ICONTRACTOR is Partnership, all partners should execute Bond.
F' y
r
Section 00610 Page 2
Objectives of special concern relative sustainability to be addressed as part
of the project are:
'
ENERGY EFFICIENCY
•
Maximize energy performance.
'
•
•
Reduce the use of non-renewable energy sources.
Incorporate daylighting as an integral part of the design.
•
Design, construct and commission a continuous air barrier system.
•
Use analysis to identify challenges, evaluate solutions, and quantify
energy and economic benefits.
•
Energy efficiency target: a 30%, or greater, reduction in annual energy
costs compared to a "base building" that meets the City of Fort Collins
"Energy Code for Commercial, Industrial, and High -Rise Residential
'
Buildings.
'
WATER CONSERVATION
• Reduce treated water use
•
Reduce run-off and impact on the storm water system
•
Reduce amount of waste water requiring treatment
'
•
Design with native and low water -impact landscaping
•
Utilize reflective and pervious surface hardscape design whenever
practicable
'
•
Reduce heat island effect
k
1
' ATTACHMENT B
SCOPE OF SERVICES
' • The City of Fort Collins has adopted and uses the Capital Projects
Procedures Manual 2010 revision. This manual can be viewed at:
' http://citydocs.fcgov.com/?vid=10&cmd=search&scope=doctype&dt=CORRESPON
DENCE&dn=Purchasing&q=capital+projects+manual
The detailed Scope of Work for this project will relate to this manual.
' This manual correlates very closely to the phases of work sequence by
the American Institute of Architects. It includes site analysis,
schematic design, design development, construction documents, bidding,
construction administration and project close-out. This manual is
' available for use as a reference by the RFP Proposer, and ultimately as
a guide for the selected firm.
• The City of Fort Collins has developed and adopted a Building Design
Standards Manual. This manual is available for reference on line at:
http://www.fcgov.com/opserv/design-standards.php The design
standards in this manual must be followed unless a variance is granted
by the Director of Operations Services.
• The City of Fort Collins is exempt from all state taxation including
state sales and use taxes.
1
1. DEFINITIONS
' The terms "contractor" and "proposer" shall be synonymous in this document
(RFP).
' The body of text in this request speaks directly to the
proposer/contractor, including requirements for any specification or
direction, unless otherwise specifically noted.
• AHJ - Authorities Having Jurisdiction.
• COSEIA - Colorado Solar Energy Industries Association
• NABCEP - North American Board of Certified Energy Practitioners
2. SCOPE OF WORK
' It is the intent of the City of Fort Collins to award this RFP based upon
the most qualified and responsible contractor for the development of a
minimum forty (40 kW DC) to fifty kilowatt (50 kW DC) Photovoltaic (PV)
or more installation for Northside Aztlan Community Center. The Proposer
' would provide and install the equipment necessary to produce approximately
40 to 50 kW DC of electricity to supplement building energy requirements.
The following is an outline of a general scope of work. The proposer
should expand each of the tasks listed below. Additional tasks that the
contracting firm/team determines necessary to assure a good product should
be added in their RFP.
A. The City of Fort Collins is soliciting the services of a
qualified contractor to provide a turn key solution for a
Photovoltaic System at Northside Aztlan Community Center located
at 112 E. Willow, Fort Collins, Colorado 80522.
B. The scope of work will include:
a. Provision of all necessary materials and equipment, including
panels, mounting hardware, wiring, inverters and other
balance of system components to develop a forty(40 kW DC) to
fifty kilowatt (50kW DC) Photovoltaic (PV) or more
installation for Northside Aztlan Community Center 480/277
VAC system.
b. Total grant money for this project is $225,000.
D c. Provide home run from the roof to the electrical shut off
located near the building meter.
d. Complete turnkey installation services.
e. PV System Monitoring requirements:
i. Communicate via BACNET over IP to City of Fort Collins
Johnson Controls Building Automation System.
ii. Remote Readout station of system located in mechanical or
electrical room at Northside Aztlan.
iii. List of points to be monitored and communicated to City of
Fort Collins BAS (Building Automation System via bacnet).
• PV Volts
• Grid Current
• Grid Volts
• Grid Frequency
D
D2
• Power Feed to grid
• PV Current
• Total kWh (Total energy yield)
'
• Total operational hours of system (collection
mode)
• System status (collecting or not collecting)
'
• Alarm status
• Alarm problem
'
• Inverter with the problem
• CO2 saved
iv. Option - Kiosk in Lobby of building showing system
'
operations.
C. Ensure that all of the City of Fort Collins - Utilities Energy
interconnection contracts and requirements are met. Please use
the attached links for interconnection requirements:
• http://www.fcgov.com/conservation/biz-solar.php
• http://www.fcgov.com/conservation/pdf/interconnection a plicat
ion.2df?1200002906
• http://www.fcgov.com/utilities/pdf/interconnection standards.
df?1267467514
D. System must comply with all applicable codes and all City of Fort
Collins - Utilities Energy requirements.
E.
Contractor must be pre -qualified by the Colorado Solar Energy
Industries Association for the Governors Energy Office Solar
Rebate Program.
3. CONTRACTOR SUBMITTALS, LEVEL OF EXPERIENCE, AND OTHER REQUIREMENTS
a A. Relevant Experience
Contractor must demonstrate sufficient knowledge and experience
in all of the building systems involved with the project
including solar installation, metal fabrication, structural
systems, roofing systems, mechanical and electrical concepts and
major systems equipment controls. The scale of the project must
be within the capabilities of contractor. A team of professionals
with required skills to complete the project must be outlined as
proposer's project team in the proposal.
B. Project Team and Experience Verification
• Contractor must be qualified in the installation of
Photovoltaic systems and must be a licensed contractor in the
City of Fort Collins, or have reciprocity in this
jurisdiction. The City prefers a COSEIA or NABCEP approved
solar photovoltaic installer and please submit certifications
with the proposal. Contractor will obtain all necessary
permits for the project.
• List all members of your project team with.any appropriate
certifications.
1 • List all licensed contractors and/or subcontractors
anticipated to be used on the project. All
contractors/subcontractors must be licensed to do business in
'
this jurisdiction and must obtain all necessary permits for
the work from Authorities Having Jurisdiction.
• List all equipment manufacturers and model numbers of
'
equipment to be used on the project. The following is
required, but not necessarily limited to, all major equipment -
collectors, mounting hardware, inverter, controls, monitoring
equipment.
'
• Local, state laws and ordinances, as they pertain to solar
photovoltaic systems shall be strictly followed or a variance
must be obtained from AHJ's.
'
• Contractor must have completed three (3) similar projects of
similar size and scope within the past five (5) years.
Describe previous installations of photovoltaic systems.
Include the size of the system, number of panels, kW DC of
electricity and provide references of other similarly
size/scale of projects. A statement describing why the
company believes itself to be the best qualified to provide
'
the specified services.
• OSHA safety standards will be observed during construction.
4. PAYMENT AND PERFORMANCE BONDS/LIQUIDATED DAMAGES
• Awarded contractor must submit 100o payment and performance
bonds pe'r Section 00600
• Liquidated damages are $300.00 for Substantial Completion and
$100.00 Final Completion
5. HOURLY RATES AND GUARANTEED MAXIMUM PRICE
• Include in your proposal hourly rates for your team members, a
price per kilowatt and a Guaranteed Maximum Price which
includes all design, structural engineering if needed, and
supply of all materials, complete installation, training and
any permits.
6. FEDERAL REQUIREMENTS
Contractor must follow attached federal requirements and include Davis
Bacon Wages and Buy America certification.
• Attachment A ... City of Fort Collins Sustainable Design
Requirements
• Attachment B... Federal Requirements
7. PROJECTS SPECIFICATIONS AND DRAWINGS
A. Conduit Specification:
a. (1) 1 1-1" Electric Metallic tubing run from the panels on the
roof to the inverter's located on the roof.
b. No more than 360 degrees of bends between accessible pulls
c. An additional (1) 1.5" conduit should be installed if future
array expansion is planned.
B. Wire Run Assumptions:
a. Panels will be ballasted and mounted on the roof of the
pGymnasium.
D4
Id",
b. Inverters and associated hardware will be mounted on the -
roof.
c. Design to a 20 voltage drop.
' C. Array Assumptions:
a. It is assumed, for Structural Engineering purposes, a 50kW
system will have a total of 210 panels - 7 rows @ 30
panels/row.
' b. It is assumed, for Structural Engineering purposes, that the
array will be ballasted. The City of Fort Collins will
entertain PV System proposals that are a racking type system
or a ballasted type system.
c. Module (Quantity) Wattage will be at least 175 Watt PV
Modules
D. Project Schedule:
a. Oral interviews will be held week of August 9, 2010
b. Contractor to begin as soon as possible system must be
' complete by December 28, 2010.
II I
1
1
1
IHYDRO ELECTRIC LLC hydroelectric@frii.com
PO Box 206 Bellvue, CO 80512 www.mikeshydroelectric.com 970.217.3724
' July 25, 2010
53.82kW SOLAR (PV) PROPOSAL
' 7158 PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN
COMMUNITY CENTER
PV DESIGN AND INSTALLATION
RFP 7158 SUBMITTAL REQUIREMENTS
' CLIENT: City of Fort Collins Purchasing
215 N. Mason Street
' PO Box 580
Fort Collins, CO 80522
istephen@fcgov.com
(970) 221-6775
RFP 7158 SUBMITTAL REQUIREMENTS SUMMARY
1. CONTRACTOR RELEVANT EXPERIENCE
Hydro Electric, LLC offers consultation, design, installation and service for all photovoltaic (PV)
systems, grid -tied or off -grid. Specializing in personal service, we offer all manufacturer brand
names offered in the PV industry. As a licensed and bonded CO electrical contractor, Hydro
Electric also offers design and installation on small residential wind turbine systems, Kohler
back-up generators, and full electrical services. NABCEP-certified for PV, COSEIA Certified for
PV, City of Fort Collins Licensed PV Contractor with over five and a half years experience
ainstalling renewable energy systems, including over 1000 kWs of PV installed and serviced on
government, industrial, commercial and residential properties.
2. PROJECT TEAM AND EXPERIENCE
Project Manager/Foreman; Mike Carmien, Manager, Hydro Electric, LLC
Mr. Carmien qualifications for this project include being NABCEP-certified for PV,
a COSEIA Certified for PV, and a City of Fort Collins Licensed Electrical and PV Contractor.
Mr. Carmien holds a MS Degree in Civil Engineering from CSU and over five and a half years
experience installing renewable energy systems, including wind turbines.
Project Engineer/Consultant; Rick Coen, Manager/Principle Empower Solar
Consulting
Mr. Coen will provide engineering support for the technical design of the proposaed solar system
on this project. Rick has five years experience in solar consulting, design, and implementation.
' He is NABCEP re -certified for Photovoltaics, CoSEIA certified in Photovoltaics, a Certified
Installer of Fat Spaniel Data Solutions, and a member of both the Colorado Renewable Energy
Society (CRES) Policy Committee and the Colorado Solar Energy Industries Association
' (CoSEIA) Policy Committee. Rick is also an active participant at Fort Collins Electric Board
and City Council meetings. Rick has a Masters of Science from Colorado State University in
Mechanical Engineering and a Bachelors of Science in Environmental Engineering from the
University of Michigan.
Hydro Electric PV Install Crew; Todd Hansen, Field Team Leader, Brad Anderson,
' Field Team Member, Mason White, Field Team Member. All members of the Hydro Electric
PV Field Installation Team have been with Hydro Electric installing PV systems under the direct
supervision of NABCEP certified PV Installer (Mike Carmien). This PV field install crew has
' over 250 kW of grid tied PV installation experience over the past 18 months and they hold
licenses as a Master Plumber (CO) and a Journeyman Dry Wall Installer (AZ).
' 3. Licensed Contractors to be Used on Aztlan PV Project
• Hydro Electric, LLC only. Licensed in Ft. Collins as a Electrical Contractor and PV
Installer.
4. PV Equipment and Manufacturers (Please see attached data specification files)
• Inverter; PV Powered, Model PVP50kW (Manufactured by Advanced Energy)
' • PV Racking; UniRac's Rapid Rack Ballasted PV Racking Model G10 (10 degree tilt)
• Solar Panels; Schott Ploy 230 Polycrystalline Solar Modules
• Controls; Square D Disconnects, Outback Combiner Boxes
' • Monitoring; Veris Enercept® Networked Power Transducers (Modbus® RTU) for the
FC Building Automation System by Johnson Controls plus Integrated Data Monitoring
included within PVP 50 kW Inverter (Model PVM 1010)!
5. Previous Installations of Similar Sized PV systems:
' A. 31.0 kW Grid Tied PV System, US Department of Interior, US Fish and Wildlife Service,
Arapaho National Wildlife Reserve, Walden, CO. 135 Canadian Solar 230 watt solar
modules, SMA Inverters. Contact Ann Timberman, USFW, 970-723-8202.
' C. 19.3 kW Grid Tied PV System, Larimer County Landfill, Larimer County, 84 Canadian
Solar Panels 230 watt modules, SMA Inverters. Contact Steve Balderson, Larimer
County Facilities, 970-566-4533.
' D. 20.3 kW Grid Tied PV System, USFS Ranger Station, San Juan National Forest, Pagosa
Springs, CO, Summer 2008. 116 Schuco 175 Watt Modules, SMA Inverters. Contact
' Laurie Yeager, San Juan National Forest Engineer 970-385-1309
1
E. 10.15 kW Grid Tied PV System, USFS Maintenance Facility, Grand Mesa National
Forest, Grand Junction, CO, Summer 2008. 58 Shuco 175 Watt Modules, SMA
Inverters. Contact Jan Fenner, Grand Mesa National Forest Engineer 970-874-6635
F. ' 9.86 kW Grid Tied PV System, Jabaily Estates, Loveland, CO, Spring 2009. 44 Sharp
224 Modules, SMA Inverters. Contact Leslie Jabaily, Owner 970-217-1280
'
G. 40.0 kW Grid Tied PV System, Kong Industries, Golden CO. Summer 2007. 178 Sharp
224 Modules, SMA Inverters. Contact Marc Guy, Project Manager 303-884-3131
H. 15.2 kW Grid Tied PV System, Fort Collins Housing Authority, Stanford Apartments,
Fall 2009. 68 Sharp 224 solar panels, Enphase Inverters. Contact Alex Blackmer,
Executive Director, Atmosphere Conservancy 970-231-1798
' 6. Statement on "WHY" people/companies choose Hydro Electric, LLC
The best reason I can give you why my company is the best qualified for this project is that we
care about the engineering details. The cost you see in my bid includes all facets of the PV
installation, including permitting and utility inter connection agreement. Therefore, this number
will be the final cost; period. Combined with Empower Consulting, we hold over eleven years
designing, installing and permitting commercial scale PV systems. We care about the details!!!!
Here is a recent quote from a Hydro Electric client, Mike Myshatyn 970-454-9000
"Thanks very much for the upgrade. That's very kind of you. We've talked to 3 solar providers
(yourself included) and you were the only one we felt we could trust to do right by us —just like
you did with the turbines. Trust and respect ARE a big deal to us and it goes both ways. Just
tseems in short supply these days in business and individuals. We're very happy to be working
with you again."
t7. Hourly Rates and Guaranteed Maximum Price
Team Member
Hourly Price
'
Mike Carmien
$45/hr
Rick Coen
$60/hr
Todd Hansen
$15/hr
'
Brad Anderson
$15/hr
Mason White
$15/hr
Hydro Electric, LLC Guaranteed Maximum Price for 53.82 kW; $205,355
I
8. Completion Schedule: (Assume Contract Award by September 1, 2010)
(please see attached Gantt Timeline Chart)
1 9. Warranties
PV System Warranty
' PV Panels
PV Powered 50kW Inverter
UniRac Rapid Rac G10 PV Racking
10 Years by Hydro Electric, LLC
25 year limited warranty on power output.
10 year warranty (with option for 20 years).
10 year warranty.
1
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SECTION 00615
' PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that 1000805957
' (Firm) Hydro Electric, LLC
(Address) P. 0. Box 206, Bellvue, CO 80512
(an Individual), (a Partnership), (a Corporation), hereinafter
referred to as the "Principal" and
(Firm) American Contractors Indemnity Company
' (Address)601 S. Figueroa St., #1600, Los Angeles, CA 90017
hereinafter referred to as "the Surety", are held and firmly bound
unto the City of Fort Collins, 300 Laporte Ave., Fort Collins,
Colorado 80522 a (Municipal Corporation) hereinafter referred to as
"the OWNER", in the penal sum of $205,355.00 in
' lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal
entered into a certain Agreement with the OWNER, dated the 20`h day of
' September, 2010, a copy of which is hereto attached and made a part
hereof for the performance of The City of Fort Collins project, 7158
Photovoltaic System at Northside Aztlan Community Center.
' 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.
1
1 Section 00615 Page 1
C�
' PROVIDED, FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or to the Work to be performed
' thereunder or the Specifications accompanying the same shall in any
way affect its obligation on this bond; and it does hereby waive
notice of any such change, extension of time, alteration or addition
to the terms of the Agreement or to the Work or to the Specifications.
' PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose
claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to
' transact business in the State of Colorado and be acceptable to the
OWNER.
' IN WITNESS WHEREOF, this instrument is executed in three (3)
counterparts, each one of which shall be deemed an original, this 30th
day of September 20,1a.
IN PRESENCE OF: Pri cip
/ s
Y:
� Mike Carmien
y��*
(Title)
P. 0. Box 206, Bellvue, CO 80512
(Address)
(Corporate Seal)
' IN PRESENCE OF: Other Partners
J
C
Surety
By: W
David A. Wooldridge, Attorney In Fac
By:1100 Haxton Dr., #100, Ft. Collins, CO 80525
(Address)
(Surety Seal)
i NOTE: DATEr� F BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
If'CONTRACTOR is Partnership, all partners should execute Bond.
yr
Section 00615 Page 2
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SECTION 00630
' CERTIFICATE OF INSURANCE
' CONTRACTOR shall insert his own standard form for Certificate of
Insurance.
I
1
Section 00630 Page 1
CERTIFICATE OF LIABILITY INSURANCE OP ID JA
HYDR-11
DATE(MWDWYYYY)
09/24/10
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Front Range Insurance Group
1100 Haxton Drive Suite 100
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Collins CO 80525
Phones 970-223-1804
INSURERS AFFORDING COVERAGE
NAIC A
INSURED
INSURER A-- Colorado Casualty Co.
INSURER 8:
M ke Carmeenle9triC, LLC
P O Box 206
Bellvue CID 80512-0206
INSURER C:
INSURER0:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTA
INSRE
TYPE OF INSURANCE
POLICY NUMBER
GATE MIHIO
POLICY EXPIRATION
DATE MMID
LIMITS
GENERALLfABILITY
EACH OCCURRENCE
S 1,000,000
A
X
COMMERCIAL GENERAL LIABILITY
CBP3030413
04/05/10
04/05/11
PREMISES Eaoowrence
S 300,000
MEO EXP (My one Person)
S 10,000
CLAIMS MADE X� OCCUR
PERSONAL BADVINJURY
$1,000,000
GENERAL AGGREGATE
s2,000.000
GEWL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
s2,000,000
POLICY JECT LOC
AUTOMOBILE LIABILITY
X ANYAUTO
BA3060410
04/05/10
04/15/11
COMBINED SINGLE LIMIT
(Eaac°0ent)
$ 1,000,000
ALL OWNED AUTOS
DPerson ILY INJURY
$
SCHEDULED AUTOS
(per
X HIRED AUTOS
X NON -OWNED AUTOS
BODILY INJURY
(Per accident)
S
PROPERTY DAMAGE
$
(Per accident)
GARAGE UABRITY
AUTO ONLY- EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
S
AUTO ONLY: AGG
S
EXCESS UMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR CLAIMS MADE
AGGREGATE
S
S
DEDUCTIBLE
S
RETENTION S
$
WORKERS COMPENSATION
AHD EMPLOYERS' LIABILITY Y / N
TH-
TORY LIMITS ER
ANY PROPRIETORAPARTNER/EXE
OFFICERIMEMBER EXCLUDED? CUTH�
E.L. EACH ACCIDENT
$
(Mandatory In NH)
K describe under
yyeess
E.L. DISEASE • EA EMPLOYEE
S
E.L. DISEASE - POLICY LIMIT
S
SPECAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Fort Collins is listed as Additional Insured with regards to
General Liability.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY-02 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
City of Fort Collins IMPOSE NO 08UAN
GAnON OR LIABILITY OF Y KIND UPON THE INSURER, ITS AGENTS OR
215 N. Mason, 2nd Floor REPRESENTATIVES.
Fort Collins CO 80522 AUTHOR REPRESENTATIVE
ACORD 26 (2009/01) 4
CIUMMACORD=IRPORATION. rig is reserved.
Tne AGUND name and 1000 are 1`e918tered marks of ACORD
J
u
11
1
1
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1
1
1
1
' SECTION D0510
NOTICE OF AWARD
' Date: September 20, 2010
TO: Hydro Electric LLC
' PROJECT: 7158 Photovoltaic System at Northside Aztlan Community
Center
' OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
' You are hereby notified that your Bid dated July 25, 2010 for the above
project has been considered. You are the apparent successful Bidder
' and have been awarded an Agreement for 7158 Photovoltaic System at
Northside Aztlan Community Center.
The Price of your Agreement is Two Hundred Five Thousand Three Hundred
' Fifty Five Dollars, ($205,355.00).
Three (3) copies of each of the proposed Contract Documents (except
' Drawings) accompany this Notice of Award. Three (3) sets of the
Drawings will be delivered separately or otherwise made available to
you immediately.
' You must comply with the following conditions precedent within fifteen
(15) days of the date of this Notice of Award, that is by September 30,
' 201_0.
1. You must deliver to the OWNER three (3) fully executed
' counterparts of the Agreement including all the Contract
Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract
' Security (Bonds) as specified in the Instructions to Bidders,
General Conditions (Article 5.1) and Supplementary Conditions.
' Failure to comply with these conditions within the time specified will
entitle OWNER to consider your Bid abandoned, to annul this Notice of
Award and to declare your Bid Security forfeited.
' Within ten (10) days after you comply with those conditions, OWNER will
return to you one (1) fully -signed counterpart of the Agreement with
the Contract Documents attached.
' City of Fort Collins
OWNER
BC� cyb
w
Y
James O'Neill, II, CPPO, FNIGP
' Direct r of Purchasing & Risk Management
7
WAIVER FOR WORKQMN'S COMPENSATION INSURANCE COVERAGE
WHILE ENGAGED IN PHOTOVOLTAIC SYSTEM AT NORTHSIDE AZTLAN COMMUNITY
CENTER SERVICES
' FOR
THE CITY OF FORT COLLINS, COLORADO
The Contractor shall indemnify and hold harmless the City of Fort
Collins, Colorado and its agents, officers and employees from and
against all claims, damages, losses and expenses, including
t attorneys' fees, arising out of or resulting from the performance
of the work.
' It is expressly understood Workmen's Compensation Insurance is not
required due to your crew is comprised of yourself and other non -
employee owners or for the following reasons:
7-1
' while performing your duties as described in the Contract
Documents.
' Dated this l day of U 2010.
/'fie J'rc PL
FIRM C
' TYPED OR PRINTED NAME OF CONTRACTOR OR
By:
Authorized Signature
�� A R Y FEU
o ary Public ..• "' d�
LA
U
BRI M.
My commission expires N; GH M
dF®�0
SECTION 00635
' CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
' (OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7158 Photovoltaic System
at Northside Aztlan Community Center
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
' INCLUDE:
OWNER: City of Fort Collins
1 CONTRACTOR:
' CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the
' project (or specified part of the project, as indicated above) is hereby
declared to be substantially completed on the above date.
' A tentative list of items to be completed or corrected is appended
hereto. This list may not be exhaustive, and the failure to include an
item on it does not alter the responsibility of the CONTRACTOR to
' complete all the Work in accordance with the Contract Documents.
AUTHORIZED REPRESENTATIVE DATE
' The CONTRACTOR accepts the above Certificate of Substantial Completion
and agrees to complete and correct the items on the tentative list
within the time indicated.
i By
AUTHORIZED REPRESENTATIVE DATE
' The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
specified area of the project at 12:01 a.m., on
' The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
' CITY OF FORT COLLINS, COLORADO By:
AUTHORIZED REPRESENTATIVE DATE
REMARKS:
1
Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL, ACCEPTANCE
TO:
Gentlemen:
20
You are hereby notified that on the day of , 20_, the
City of Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, 7158 Photovoltaic System at
Northside Aztlan Community Center.
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: r 20 .
Sincerely,
OWNER: City of Fort Collins
By.
Title:
ATTEST:
Title.
Section 00640 Page 1
E
' SECTION 00650
LIEN WAIVER RELEASE
' (CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: 7158 Photovoltaic System at Northside Aztlan Community Center
' 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,
SectioaO0650 Page 1
i
including reasonable attorneys fees, incurred as a result of such
claims.
5. The parties acknowledge that the description of the project set
forth above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is
further acknowledged that this Lien Waiver Release is for the benefit
of and may be relied upon by the OWNER, the lender, if any, and Surety
on any labor and material bonds for the project.
Signed this day of
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20 , by
Witness my hand and official seal.
My Commission Expires:
Notary Public
day of
20
Section 00650 Page 2
11
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7158 Photovoltaic System at Northside Aztlan Community Center
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
Attorney(s)-in-Fact.
Section 00660 Page 1
SECTION 00670
1
7
1 Section 00670 Page 1
A
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
.qpArl.r
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
DO NOT WRITE IN THIS
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of
equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part
of the structure, highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties
provided by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
Period
89 -
0170-750 (999) $0.00
n _ ern U S —
�.,
.�cam
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number: Bid amount for your contract:
Fax Number:
Business telephone number: Colorado withholding tax account number:
at, Y g
EXEMPTION INFORMANT -ION
}
ofwontract opagreeinent pages (1x� identifying the contracting
rs*$i^a rn %gel.`,'wsX.rnyp,,:2t'd;n.y�iw''i'at�`1^`�4'
_ parties and (2)containmgsignatuces of�contracting parties mustbe
�,T,
attacFiecl ��_ �M mx% M
Name of exempt organization (as shown on contract): Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal 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:
Ye a,Y.� ��4`a�) .��_��w#3� ��)�z^.-d 1x.1eK �'°"4��£'��2,s'+�C^ .ly>�tcT�u}�,{+i�9ra� afn`�YC�r�X �J -� *s.,8 i ..#-n �+ ✓ t;tl
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:
DO NOT WRITE BELOW THIS LINE
Section 00670 Page 2
n
Special Notice
1
Contractors who have completed this application in the past, please note the following
1 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.
aOnce 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.
HII
1 Section 00670 Page 3
r
1 SECTION 00700
I
GENERAL CONDITIONS
7
1
SECTION 00520
'
AGREEMENT
'
THIS AGREEMENT
2010 and shall
is dated as of the 20th day of
be effective on the date this
September in the year of
AGREEMENT is signed by
the City.
'
The City of Fort Collins (hereinafter called
OWNER) and
Hydro Electric
LLC (hereinafter called
CONTRACTOR)
' OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
' ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the
' Contract Documents. The Project for which the Work under the Contract
Documents may be the whole or only a part is defined as the
construction of the 7158 Photovoltaic System at Northside Aztlan
Community Center.
ARTICLE 2. ENGINEER
' The Project has been designed by City of Fort Collins Operation
Services, who is hereinafter called ENGINEER and who will assume all
duties and responsibilities and will have the rights and authority
' assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
' ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within 75 calendar
days after the date when the Contract Times commence to run as
' provided in the General Conditions and completed and ready for Final
Payment and Acceptance in accordance with the General Conditions
within 85 calendar days after the date when the Contract Times
' commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that
' time is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not completed within the times specified
in paragraph 3.1. above, plus any extensions thereof allowed in
' accordance with Article 12 of the General Conditions.
They also recognize the delays, expenses and difficulties involved in
proving in a legal proceeding the actual loss suffered by OWNER if the
' Work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for
Section 00520 Page 1
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-5 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
E
H
C
H
J
Article or Paragraph
Number & Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page Article or Paragraph
Number Number & Title
DEFINITIONS......................................................1
1.1
Addenda.............................................1
1.2
Agreement .............
1
1.3
Application for Payment .......................
1
1.4
Asbestos.............................................1
,
1.5
Bid.....................................................1
1.6
Bidding Documents..
1
1.7
Bidding Requirements ..........................1
1.8
Bonds.................................................1
1.9
Change Order......................................I
1.10
Contract Documents.,,,.,_ ..................
1
1.11
Contract Price......................................1
1.12
Contract Times....................................1
1.13
CONTRACTOR,,,,,,,,,,,,,
1.14
defective,,...,.. ..................... .................
1.
1.15
Drawings ......................... .................
1
1.16
Effective Date of the Agreement.....,,,..
1
1.17
ENGINEER........................................1
1.18
ENGINEER§ Consultant,..,,,. ...............
1
1.19
Field Order.........................................I
1.20
General Requirements .........................2
1.21
Hazardous Waste .................................
2
1.22.a
Laws and Regulations; Laws or
Regulations .......................................
1.22.b
Legal Holidays ....................................
2
1.23
Liens........'..............:..........................2
1.24
Milestone ...............
2
1.25
Notice of Award„.„....,. ..................
o
1.26
Notice to Proceed ................................
2
1.27
OWNER ................. .............................
2
1.28
Partial Utilization.....................„.,.,-._..2
1.29
PCBs..................................................2
1.30
Petroleum...........................................2
1.31
Project................................................2
1.32.a
Radioactive Material
2
1.32.b
Regular Working Hours .............. .
2
1.33
Resident Project Representative ..... ._.....2
1.34
Samples..............................................2
1.35
Shop Drawings....................................2
1.36
Specifications.....................................2
1.37
Subcontractor ..............................
2
1.38
Substantial Completion.......................2
1.39
Supplementary Conditions ....................
2
1.40
Supplier..............................................2
1.41
Underground Facilities ......................
1.42
Unit Price Work_...,,..,.
1.43
Work ...................................................
1.44
Work Change Directive..,.,_...
3
1.45
Written Amendment
Page
Number
2. PRELIMINARY MATTERS ................................
3
2.1
Delivery of Bonds ............................3
2.2
Copies of Documents ........................3
2.3
Commencement of Contract
Times; Notice to Proceed ...............
3
2.4
Starting the Work
3
2.5-2.7
Before Starting Construction;
CONTRACTORS Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurance ..................................
3-4
2.8
Preconstruction Conference
4
2.9
Initially Acceptable Schedules .......
,.,,4
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE..........................................4
3.1-3.2
Intent .............................................
4
3:3
Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives ....................................
5
3.5
Amending Contract Docunents.........
5
3.6
Supplementing Contract
Documents ..............................
5
3.7
Reuse of Documents .........................5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS.........................................5
4.1
Availability of Lands.....................5-6
4.2
Subsurface and Physical
Conditions ....................................
6
4.2.1
Reports and Drawings ............ .........6
4.2.2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data.............................................6
4.2.3
Notice of Differing Subsurface
or Physical Conditions. ............:.....
6
4.2.4
ENGINEERS Review ........................
6
4.2.5
Possible Contract Documents
Change.........................................
6
4.2.6
Possible Price and Times
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 CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
r
Article or Paragraph
Number & Title
Page Article or Paragraph Page
Number Number & Title Number
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
CONTRACTOR's Liability
Insurance..........................................9
5.5
OWNER's Liability Insurance...............9
5.6
Property Insurance ..........................9-10
5.7
Boiler and Machinery or Addi-
tional Property Insurance..................10
5.8
Notice of Cancellation Provision
10
5.9
CONTRACTOR's Responsibility
for Deductible Amounts..._„.............10
5.10
Other Special Insurance .....................
10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds .....................10-11
5.14
Acceptance of Bonds and Inst-
ance; Option to Replace ............. .......11
5.15
Partial Utilisation --Property
Insurance........................................11
6. CONTRACTOR'S RESPONSIBILITIES
6.1-6.2
Supervision and Superintendence .......
11
6.3-6.5
Labor, Materials and Equipment...
11-12
6.6
Progress Schedule..............................12
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation
12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .............
13-14
6.12
Patent Fees and Royalties....................14
6.13
Perm its.............................................14
6.14
Laws and Regulations ........................14
6.15
Taxes...........................................14-15
6.16
Use of Premises .................................
15
6.17
Site Cleanliness...___..,_.,
6.18
Safe Structural Loading.....................15
6.19
Record Documents
15
6.20
Safety and Protection .....................15-16
6.21
Safety Representative ......................16
6.22
Hazard Communication Programs......
16
6.23
Emergencies...
6.24
Shop Drawings and Samples..............
16
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal....................................16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Documents ............
17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals ...................................
17
6.29
Continuing the Work......................17
6.30
CONTRACTOR's General
Warranty and Guarantee.. ..... I.........17
6.31-6.33
Indemnification . . ...... . ...... .........
17-18
6.34
Survival of Obligations ...................18
OTHERWORK
.................................................18
.
7.1-7.3
Related Work at Site ........................
18
7.4
Coordination.................................18
OWNER'S
RESPONSIBILITIES ..........................
18
8.1
Communications to CON-
TRACTOR.................................18
8.2
Replacement of ENGINEER
18
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests ...... ..........................
18-19
8.5
Insurance.......................................19
8.6
Change Orders...............................19
8.7
Inspections, Tests and
Approvals..................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services ......................................19
8.9
Limitations on OWNER'S
Responsibilities ............... .... .....
.19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material....................19
8.11
Evidence of Financal
Arrangements .............................1.9
ENGINEER'S STATUS DURING
CONSTRUCTION..............................................i
S
9.1
OWNER's Representative ...............
IS
9.2
Visits to Site ..................................
is
9.3
Project Representative ... ...........19-21
9.4
Clarifications and Interpre-
tations
21
9.5
Authorized Variations in Wrk
21
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
'
Article or Paragraph
Page
Article Paragraph
or
Page
Number & Title
Number
Number & Title
Number
9.6
Rejecting Defective Work.................21
13.8-13.9
Uncovering Work at ENGI-
'
9.7-9.9
Shop Drawings, Change Orders
NEER's Request .....................27-28
and Payments....................................21
13.10
OWNER May Stop the Work..,,,......28
9.10
Determinations for Unit Prices......
21-22
13.11
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work.........................28
'
NEER as Initial Interpreter..............22
13.12
Correction Period .,,.,..,,............,,.,28
9.13
Limitations on ENGINEER'S
13.13
Acceptance of Defective Work .........
28
Authority and Responsibilities....22-23
13.14
OWNER May Correct Defective
Work ....................................
28-29
'
CHANGES IN THE WORK ......................................
23
10.1
OWNER'S Ordered Change................23
14. PAYMENTS
TO CONTRACTOR AND
10.2
Claim for Adjustment .......................
23
COMPLETION.......,.....,....,..............................
29
10.3
Work Not Required by Contract
14.1
Schedule of Values ,,.,....,
29
'
Documents........
23
14.2
Application for Progress
10.4
Change Orders..................................23
Payment.....................................
29
10.5
Notification of Surety ........................23
14.3
CONTRACTOR's Warranty of
Title .............................
29
1
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments .................
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion............
30
t
11.4
the Work ................ ...................
Cost of the Work...
23-24
24-25
14.10
14.11
Partial Utilization ..,,,,....,_........,30-31
Final Inspection.
31
11.5
Exclusions to Cost of the Work
..... 25
14.12
Final Application for Payment,....,..31
11.6
CONTRACTOR's Fee .......................
25
14.13-14.14
Final Payment and Acceptance...,...31
'
11.7
11.8
Cost Records...............................25-26
Cash Allowances... ...............................
26
14.15
Waiver of Claims .... ,.......,..„..__,31-32
11.9
Unit Price Work.,_.
26
15. SUSPENSION OF WORK AND
TERMINATION
...............................................
32
CHANGE OF CONTRACT TIMES . .................*.......26
15.1
OWNER May Suspend Work..„.„...32
'
12.1
Claim for Adjustment .....
..... 26
15.2-15.4
OWNER May Terminate.,_
32
12.2
Time of the Essence
26
15.5
_.......
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate
32-33
Control ......................................
26-27
12.4
Delays Beyond OWNER's and
16. DISPUTE RESOLUTION ..................................
33
'
CONTRACTOR's Control................27
17. MISCELLANEOUS...........................................33
TESTS AND
INSPECTIONS; CORRECTION,
17.1
Giving Notice ................................
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times,
33
'
DEFEC771 E
WORK........:.........................................27
17.3
....................
Notice of Claim .,,,.„..„...,,,,,,,........33
13.1
Notice of Defects................................27
17.4
Cumulative Remedies
33
13.2
Access to the Work ............................
27
17.5
......................
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included ............................33
'
CONTRACTOR's Cooperation....... ..........
27
17.6
Applicable State Laws ...............
33-34
13.4
OWNER's Responsibilities;
Intentionally
left blank.......................................35
Independent Testing Laboratory..
......27
13.5
CONTRACTOR's
EXHIBIT GC :A:
(Optional)
Responsibilities ...... .................._..27
Dispute Resolution
Agreement ..................... GC
-Al
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration ............................ GC-A1
tion, Testing or Approval„...............27
16.7
Mediation GC
-Al
1
iv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance ........................... . . ....... 5.14
defective Work............................10.4.1, 13.5, 13.13
final payment ......... .._........_ 9.12, 14.15
insurance......................................................... 5.14
other Work, by CONTRACTOR ...................... * 7.3
Substitutes and "Or -Equal" Item s.....................6.7.1
Work by OWNER ............................. 2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities .................... .......... ............... 4.1
site, related Work...............................................7.2
Work...........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR...................................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER................................................... 6.20, 8.9
Addenda--defmition of (also see
definition of Specifications) ....... (1.6, 1.10, 6.19), 1.1
Additional Property Insurances ................................. 5.7
Adjustm ents--
Contract Price or Contract
Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2,
.............................4.5.3, 9.4, 9.5, 10.2-10.4,
.........................................11,12,14.8,15.1
progress schedule .............................................. 6.6
Agreement --
definition of......................................................1.2
"All -Risk" Insurance, policy form............................5.6.2
Allowances, Cash....................................................11.8
Amending Contract Documents ................................ 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
.. ..._ ...............12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of1.3
ENGINEER's Responsibility 9.9
final payment ................. 9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment........... 14.1-14.7
...........................
review of...................................................14.4-14.7
Arbitration ........... ........ .1.6.1-16.6
.................................
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work.......... 4.5.2
definition of I A
...................................................... .
Article or Paragraph
Number
OWNER responsibility for ............................
4.5.1, 8.10
possible price and times change ........................4.5.2
Authorized Variations in Work ..........
16, 6.25, 6.27, 9.5
Availability of Lands .........................
........4.1, 8:4
Award, Notice of --defined.
......... 1.25
Before Starting Construction ..... I.........................2.5-2.8
Bid --definition of........................1.5 (1.1, 1.10, 2.3, 3.3,
......................... 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of
1.6(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds._._..,.„........................10.5,
11.4.5.9
Cost of the Work .........
11.5.4
definition of ........... ............................................
1.8
delivery of...................................................2.1,
5.1
final Application for Payment ....:............14.12-14.14
general.......................................1.10,
5.1-5.3, 5.13,
........................................9.13,
10.5, 14.7.6
Performance, Payment and Other ....
..............5.1-5.2
Bonds and Insurance --in general.................................5
Builder's risk "all-risk" policy form .....................
5.6.2
Cancellation Provisions, Insurance .........
.4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion .........
1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of Inspection ..................9.13.4,
13.5, 14.12
Certificates of Insurance... 2.7,
5.3, 5.4.11, 5A.13,
.......................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ..............................................
11.8
claim for price
adjustment...,......... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4
................... 9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
........................ 13.13, 13.14,
14.7, 15.1, 15.5
CONTRACTOR's fee.........................................11.6
Cost of the Work
general................................................11.4-11.7
Exclusions to...............................................11.5
Cost Records........... ............. :. ..........................
11.7
in general.............1.19, 1.44, 9.11,
10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety ............. ...........................
10.5
Scope of....................................................10.3-10.4
Testing and Inspection,
Uncovering the Work..................................13.9
EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION)
Vd CITY OF FORT COLLINS MODIFICATIONS (REV 9(99)
'
Unit Price Work
CONTRACTOR's Fee
.............................I.............11.9
..............I........................11.6
Article or Paragraph
Article or Paragraph
'
Number
Number
Value of Work..............................................I...11.3
CONTRACTOR's liability ........... 5.4,
6.12, 6.16, 6.31
Change in Contract Times--
Costof the Work....,.. „ .......................11.4,
11.5
Claim for times adjustment .........
4.1, 4.2.6, 4.5, 5.15,
Decisions on Disputes...............................9.11,
9.12
.......... 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1,
Dispute Resolution...........***............................16.1
..............13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Dispute Resolution Agreement .........
....16.1-16.6
Contractual time limits.....................................12.2
ENGINEER as initial interpretor..,.....,_......„.,...9.11
Delays beyond CONTRACTOR's
Lump Sum Pricing ..................
11.3.2
'
control ...............
12.3
Notice of ................................ ........
.....17.3
Delays beyond OLVNER's and
OWNER'S ................... 9.4, 9.5, 9.11,
10.1 11.2, 11.9
CONTRACTOR's control.............................12.4
12.1, 13.9, 13.13,
13.14, 17.3
Notification of surety ..............
......... .......10.5
OWNER's liability...................., .............................................
5.5
'
Scope of change ....... ........
...............10.3-10.4
OWNER may refuse to make payment._,
14.7
Change Orders--
Professional Fees and Court Costs
Acceptance ofDefective Work ..........................13.13
Included ,....,......,........,... . .......... .
................ 17.5
Amending Contract Documents
...... 3.5
request for formal decision on
9.11
'
Cash Allowances ...................
11.8
Substitute Items .,,,.,...
.............................................
6.7.1.2
Change of Contract Price_.......
........................11
Time Extension
Change of Contract Times...................................12
Time requirements ....................................
9.11, 12.1
'
Changes in the Work .........
CONTRACTOR's fee
......... ...........10
11.6
Unit Price Work.......,.
Value of.,....,
11.9.3
1.1.3
Cost of the Work.......
...............11 4-11.7
Waiver of --on Final Payment_..,
....14 14, 14.15
Cost Records. ........... •........................................11.7
Work Change Directive ......................................
10.2
'
definition of......................................................1.9
emergencies ....... ....
...... .....6.23
written notice required .....,....,....„.....9.11, 11.2, 12.1
Clarifications and Interpretations 3 6.3, 9.4, 9.11
ENGINEER's responsibility.... .
9 8, 10 4, l l.2, 12.1
Clean Site ..................... ..*._....
6.17
execution of ............. ..............
...***...............10.4
Codes of Technical Society, Organization
Indemnifiction ..........................6.12, 6.16, 6.31-6.33
or Association......,.,
'
Insurance, Bonds and.......................5.10,
5.13, 10.5
,
Commencement of Contract Times,....,,,.,.__............_.2.3
OWNER may terminate ........
.......*. *.,15.2-15.4
Communications --
OWNERS Responsibility ............................
8.6, 10.4
general ...............................................
6.9.2, 8.1
Physical Conditions--
Hazard Communication Programs .....................6.22
Subsurface and..............................................4.2
Completion--
Underground Facilities................................
4.3.2
Final Application for Payment ......,....,,,...........14.12
Record Documents„.. ........
......... 6.19
Final Inspection .......................
14.11
Scope of Change .......................................
,.„_.,....10.3-10.4
Final Payment and Acceptance ...............14.13-14.14
Substitutes ............................................
6.7.3, 6.8.2
Partial Utilization ..................
14.10
'
Unit Price Work.,_,..,.
............... ....11.9
. ..........................
Substantial Completion ......................
1.38, 14.8-14.9
value of Work, covered by ........
......... .........11.3
Waiver of Claims........
14.15
Changes in the Work.................................................10
Computation of Times ........,..._,........... ......
17.2.1-17.2.2
Notification of surety.........................................10.5
Concerning Subcontractors, Suppliers
'
OWNER's and CONTRACTOR's
and Others ..............................................
. 6.8-6.11
responsibilities............................................10.4
Conferences--
Right to an adjustment......................................10.2
initially acceptable schedules ............ _...................
2.9
Scope of change ......... .........
............. 10.3-10.4
preconstruction........................................
'
Claims--
Conflict, Error, Ambiguity Discrepancy --
against CONTRACTOR....................................6.16
CONTRACTOR to Report ...........................
2.5, 3.3.2
against ENGINEER ... .........
........ .. ..... 6.32
Construction, before starting by
againsFOWNER
6.32
CONTRACTOR
2.5-2.7
'
Change of Contract Price ...................
......... .4, 11.2
Construction Machinery, E, etc,
quipmentetc
6.4
Change of Crntract Times .......
............. .4, 12.1
9
...............
Continuing the Work, *..........,._.,....
......_.
6.29, 10.4
CONTRACTOR's............. 4, 7.1,
9.4, 9.5, 9.11, 10.2,
Contract Documents--
...........................11.2, 11.9,
12.1, 13.9, 14.8,
Amending ..........................................................
3.5
'
............................................15.1,
15.5, 17.3
Bonds
5.1
h
EJCDC GENERAL CONDITIONS
1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99)
Cash Allowances..............................................11.8
Article or Paragraph
Number
Change of Contract Price .. ... ............................
... 11
Change of Contract Times ...................................
12
Changes in the Work......,,,, .....................
10.4-10.5
check and verify,.,,,.. ................
2.5
Clarifications and
Interpretations .........................3.2, 3.6, 9.4, 9.11
definition of..,,..,. ..................1.10
ENGINEER as initial interpreter of ................
9.11
ENGINEER as OWNER's representative.............9.1
genera13
Insurance...........................................................5.3
Intent
3.1-3.4
.........................................................
minor variations in the Work .............................
3.6
OWNER's responsibility to furnish data„.............8.3
OWNER's responsibility to make
prompt payment ..........................8.3, 14.4,
14.13
precedence ..... ......... ..............3.1,
3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies ...................................
3.3
Related Work._ ....................................................
7.2
Reporting and Resolving Discrepancies,,.,..,.
2.5, 3.3
Reuseof.............................................................3.7
Supplementing..................................................
3.6
Termination of ENGINEER's Employment
.......... 8.2
Unit Price Work...............................................0.9
variations..........................................3.6,
6.23, 6.27
Visits to Site, ENGINEER'S ...............
„ 9.2
Contract Price --
adjustment of ............... 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof............................................................
Decision on Disputes.,.,,. ...................................
9.11
definition of.....................................................1.11
Contract Times --
adjustment of ......................... 3.5, 4.1, 9.4, 10.3, 12
Change of ............. ...................................
12.1-12.4
Commencement of .„.....,.„...,...„ ...............
2.3
definition of ....................................................
1.12
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,
13.2
Safety and Protection... ......... 4.3.1.2, 6.16,
6.18,
.................................... 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal........................................6.25
Vii
Stop Work requirements..................................4.5.2
CONTRACTOR's-
Article or Paragraph
Number
Compensation............................................
11.1-11.2
Continuing Obligation ....................................
...
. ......14.15
Defective Work ,,,.................. .. ...., 9.6,
.
13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report --
Changes in the Work caused by
Emergency ...........................................
6.23
Defects in Work of Others......... I ...................
7.3
Differing conditions...................................4.2.3
Discrepancy in Documents...,.,., 2.5, 3.3.2,
6.14.2
Underground Facilities not indicated ...........
4.3.2
Emergencies ..............................
6.23
Equipment and Machinery Rental, Cost
of the Work . .................. ........................11.4.5:3
Fee --Cost Plus. ................ .........11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee .... ..................6.30
Hazard Communication.Programs .....................6.22
Indemnification ........................6.12, 6.16, 6.31-6.33
Inspection of the Work...............................7.3,
13.4
Labor, Materials and Equipment ..,_-
...._.6.3-6.5
Laws and Regulations, Compliance by.............6.14.1
Liability Insurance ............................ .
..5.4
Notice of Intent to Appeal,,,,,,,,,,,, ,,,,,,,,,,,,9.10,
10.4
obligation to perform and complete
the Work ........................... ......................
...6.30
Patent Fees and Royalties, paid for by................6.12
Performance and Other Bonds ._..,.,,..
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule ...........................2.6, 2.8,
2.9, 6.6,
........................................6.29, 10.4,
15.2.1
Request for formal decisionon disputes ..............
9.11
Responsibilities --
Changes in the Work ..................... ...........10.1
Concerning Subcontractors, Suppliers
and Others
6.8-6.11
Continuing the Work „ -....,,, .............. .
6.29, 10.4
CONTRACTOR's expense ..........................
0.7.1
CONTRACTOR's General Warranty
and Guarantee...,,
„6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal.................6.25
Coordination of Work .......... .................6.9.2
Emergencies . ...... ... ......... . ... .........................
6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items ............................
6.7.3
For Acts and Omissions
of Others ............................. 6.9.1-6.9.2, 9.13
for deductible amounts, insurance..__.,,...
5.9
general.._..,.6, 7.2,
................................
7.3, 8.9
Hazardous Communication Programs ...........
6.22
Indemnification ...................................
6.31-6.33
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
r
H
I
u
0
Labor, Materials and Equipment ...............
6.3-6.5
Laws and Regulations.................................6.14
Liability Insurance ......... ......... .......... 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents...........................................
6.27
Patent Fees and Royalties............................6.12
Permits ...:..................................................
6.13
Progress Schedule .........................................
6.6
Record Documents.,..,..
..........................
6.19
related Work performed prior to
ENGINEER's approval of required
submittals ... ....... ... ................................
6.28
safe structural loading.................................6.18
Safety and Protection .................. .. 6.20, 7.2, 13.2
Safety Representative........
...6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples
........ 6.24
Shop Drawings and Samples Review
by ENGINEER ................... ...................6.
26
Site Cleanliness..........................................6.17
Submittal Procedures...................................6.25
Substitute Construction Methods
and Procedures ....................................
6.7.2
Substitutes and "Or -Equal" Items................6.7.1
Superintendence.... *....... *..
. 6.2
Supervision..........
.... _....6.1
Survival of Obligations ................
.6.34
Taxes.........................................................
6.15
.
Tests and Inspections. ................................
13.5
ToReport .....................................................
2.5
Use of Premises .....................6.16-6.18, 630.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work ...... 10.2
right to claim_ ......... 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
...........11.9, 12.1, 13.9, 14.8, 15.1,
15.5, 17.3
Safety and Protection ...................6.20-6.22, 7.2, 13.2
Safety Representative. .._ ..................................
6.21
Shop Drawings and Samples Submittals..._.6.24-6.28
Special Consultants ................ I ...................
...11.4.4
Substitute Construction Methods and Procedures, 6.7
Substitutes and "Or -Equal" Items,
Expense...........................................6.7.1,
6.7.2
Subcontractors, Suppliers and Others... ........
6.8-6.11
Supervision and Superintendence ......... 6.1,
6.2, 6.21
Taxes, Payment by...........................................6.15
Use of Premises........................:...............6.16-6.18
Warranties and guarantees ........................
6.5, 6.30
Warranty of Title ........ ......... ........ ........14.3
Written Notice Required --
CONTRACTOR stop Work or terminate ........
15.5
Reports of Differing Subsurface
and Physical Conditions ........... I............
4.2.3
Substantial Completion ................................
14.8
vui
CONTRACTORS -other .............................................. 7
Contractual Liability Insurance..............................5.4.10
Contractual Time Limits 12.2
Article or Paragraph
Number
Coordination-
CONTRACTOR's responsibility ........................6.9.2
Copies of Documents...,, .......................................
. 2.2
Correction Period .................................
13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13.14
Acceptance of Defective Work ..........................1.3.13
Correction or Removal of
Defective Work................................6.30,
13.11
Correction Period ... ..... ................. . . . . ...............13.12
OWNER May Correct Defective Work..............13.14
OWNER May Stop Work.................................13.10
Cost --
of Tests and Inspections....................................13.4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts..............................................11.4.2
CONTRACTOR's Fee.......................................11.6
Employee Expenses......................................11.4.5.1
Exclusions to:
11.5
General l 1.4-11.5
Home office and overhead expenses ....................11.5
Losses and damages ............................
I ........ 11.4.5.6
Materials and equipment
11.4.2
Minor expenses .......
11.4.5.8
Payroll costs on changes ................ ...............11.4.1
performed by Subcontractors ............. I ..............
1.1.4.3
Recordsll.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees...................................„.......11.4.5.5
Site office and temporary facilities ................11.4.5.2
Special Consultants, CONTRACTOR's.............
11.4.4
Supplemental...............................................11
4.5
Taxes related to the Work
11.4.5.4
Tests and Inspection.._.... ...................................
13.4
Trade Discounts .......... I..................................11.4.2
Utilities, fuel and sanitary facilities ..............11.4.5.7
Work after regular hours..............................11.4.1
Covering Work...............................................13.6-13.7
Cumulative Remedies...,,..•..............................17.4-17.5
Cutting, fitting and patching ......... .........
....... 7.2
Data, to be furnished by OWNER ........... ..................
8.3
Day --definition of ............. ......... ........
_..17.2.2
Decisions on Disputes........... .......................
..9.11, 9.12
defective --definition of............................I..............1.14
defective Work --
Acceptance of......................................10.4.1,
13.13
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
Correction or Removal of .....„..............10.4.1, 13.11
Correction Period.............;..................,...........13.12
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER... _ , . , , _.....................
9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects ......................
... I ... ,__...13.1
Rejecting..................................................
...... .. .9.6
Uncovering the Work,,,. ....................................
13.8
Definitions ........................................................
Delays......................................4.1, 6.29, 12.3-12.4
Delivery of Bonds .....................................................
2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices.,..._
....._...9.10
Differing Subsurface or Physical Conditions--
Noticeof........................................................4.2.3
ENGINEER's Review ......................................
4.2.4
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments..............4.2.6
Discrepancies -Reporting
and Resolving ................................ 2.5,
3.3.2, 6.14.2
Dispute Resolution
Agreement ... ............ ........... ......................
16.1-16.6
Arbitration................................................i6.1-16.5
genera116
Mediation.....
16.6
Dispute Resolution Agreement.........................1.6.1-16.6
Disputes, Decisions by ENGINEER .................. .........
Docum ents--
Copiesof...........................................................2.2
Record 6.19
Reuse of..............................................................
3.7
Drawings --definition of..........................................1.15
Easements
4.1
Effective date of Agreement - definition of..
.1.16
Emergencies ............................
6 .23
ENGINEER --
as initial interpreter on disputes .................9.11-9.12
definition of.....................................................1.17
Limitations on authority and responsibilities._...
9.13
Replacement of ..................................................
8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of.............„...1.18
ENGINEER's--
authority and responsibility, limitations on ......... 9.13
Authorized Variations in the Work
9.5
Change Orders, responsibility for, ....... 9.7, 10, 11, 12
Clarifications and Interpretations ..............3.6.3,
9.4
Decisions on Disputes ................ I ..............
9.11-9.12
defective Work, notice of„ ...............................
13.1
Evaluation of Substitute Items
6.7.3
Liability.....................................I.............6
32, 9.12
Notice Work is Acceptable...............................14.13
Observations...........................................6.30.2,
9.2
OWNER's Representative ... ......... ............. ...........9.1
Payments to the CONTRACTOR,
Responsibility for .....................................9.9, 14
Recommendation of Payment .... ............14.4, 14,13
Article or Paragraph
Number
Responsibilities --Limitations on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility .............................................
6.26
Status During Crnstruction--
authorized Variations in the Work
9.5
Clarifications and Interpretations .................9.4
Decisions on Disputes.....,,,
9.11-9.12
Determinations on Unit Price......................9.10
ENGINEER as Initial Interpreter ..........
9.11-9.12
ENGINEER's Responsibilities......._
........9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities ........ . ... ...........
...... . 9.13
OWNER's Representative ..................
9.1
Project Representative ...................................
9.3
Rejecting Defective Work,__. .......
........9.6
Shop Drawings, Change Orders
and Payments ...........................
:........ 9.7-9.9
Visitsto Site.................................................9.2
Unit Price determinations..,.,,„ ...................
. .9.10
Visits to Site .....................................................
9.2
Written consent required ........... .............
.. .... 7.2, 9.1
Equipment, Labor; Materials and .....................
6.3-6.5
Equipment rental, Cost of the Work .............
11.4.5.3
Equivalent Materials and Equipment... I ....................
6.7
error or omissions
Evidence of Financial Arrangements ..._„.„..._....„_.,.8.11
Explorations of physical conditions, .................4.2.1
Fee, CONTRACTOR's--Costs Plus.. .......................
11.6
.
Field Order --
definitionof.....................................................1.19
issued by ENGINEER ................................
3.6.1, 9.5
Final Application for Payment...............................14.12
Final Inspection .................... ................................
14.11
Final Payment --
and Acceptance ................................. .....
Prior to, for cash allovences ..............................
11.8
General Provisions ................... ....................
17.3-17.4
General Requirements--
definition of....................................................1.20
principal references to..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice.......................................................17.1
Guarantee of Work --by CONTRACTOR........
6.30, 14.12
Hazard Communication Programs ..........................
6.22
Hazardous Waste --
definition of.....................................................1.21
general ...... .......................................................
4.5
OWNER's responsibility for ..............................
8.10
EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
' Indemnification..............................6.12, 6.16, 6.31-6.33 Insurance ....... 5.3
Initially Acceptable Schedules..................................2.9
Precedence ................ ,...............................
3.1, 3.3.3
Inspection--
Reference to ....................................
3.3.1
Certificates of......,.,.,.„..............„9.13.4,
13.5, 14.12
Safety and Protion.
Protection .......,,........_.....
6.20, 13.2
Final ..................
...14.11
Subcontractors, Suppliers and Others,.,...,,,..6.8-6.11
Article or Paragraph
Article or Paragraph
'
Num ber
Number
Special, required by ENGINEER .........................
9.6
Tests and Inspections ................................
Tests and Approval .............................
8.7, 13.3-13.4
Use of Premises.,.....:,
_..13.5
6.16
Insurance--
.....................................
Visits to Site .................................:............
.
9.2
'
Acceptance of, by OWNER., ........................I....5.14
Liability Insurance --
Additional, required by changes
CONTRACTOR's..............................................
5.4
in the Work ............ .. ..............................11.4.5.9
OWNEWs............
5.5
Before starting the Work.....................................2.7
Licensed Sureties and Insurers..,...,.,,,.„..,_.,.......„..,.
5.3
'
Bonds and --in general ..... .....
........ 5
Liens--
Cancellation Provisions ......._.. .......................5.8
Application for Progress Payment ......... ........14.2
Certificates of ...................2.7, 5, 5.3, 5.4.11, 5.4.13,
CONTRACTOR's Warranty of Title, ..................
.14.3
5.6.5, 5.8, 5.14,
.....ion
9.13.4, 14.12
Final Application for Payment .........................14.12
'
completed operations ................................5.4.13
definition of,..,,,,......._,,,,,,,,,,. ....... .......
1.23
CONTRACTOR's Liability ...... .........
...........5.4
Waiver of Claims.......
CONTRACTOR's objection to coverage
............. 5.14
Limitations on ENGINEER's authority and
Contractual Liability ...........................
........... 5.4.10
responsibilities._.___.._...,,. ........_.._.............9.13
deductible amounts, CONTRACTOR'S
Limited Reliance by CONTRACTOR
responsibility.. .............
...........5.9
Authorized....,.........,.,,,...........
Final Application for Payment .........................14.12
Maintenance and Operating Manuals--
'
Licensed Insurers...............................................5.3
Notice requirements, material changes ........
5.8, 10.5
Final Application for Payment ...........................
Manuals (of others) --
1.4.12
Option to Replace............................................5.14
Precedence................................
other special insurances .............................
... _..5.10
Reference to in Contract Documents
....................
3.3.1
'
OWNER as fiduciary for insureds. ..............
OWNER's Liability............................................5.5
5.12-5.13
Materials and equipment--
furnished by CONTRACTOR..............................
6.3
OWNER's Responsibility...................................8.5
not incorporated in Work .,,,,,.............................
14.2
Partial Utilization, Property Insurance,__
.. 5.15
Materials or equipment --equivalent .........
6.7
Property ....................................................
5.6-5.10
........
Mediation (Optional)............. ...............
16.7
Receipt and Application of Insurance
Milestones --definition of........................................1.24
Proceeds.............................................5.12-5.13
Miscellaneous --
Special Insurance..,,,,
........5.10
Computation of Times.......................................17.2
Waiver of Rights ..................................
........5.11
Cumulative Remedies
17.4
'
Intent of Contract Documents,,,...,
-3.1-3.4
........... __.....„..„_.....__...
Giving Notice.,, .......
.
Interpretations and Clarifications.
3.6.3, 9.4
. ...................17.1
Notice of Claim ......, .'
Investigations of physical conditions ..........................
4.2
................17.3
Professional Fees and Court Costs Included
17.5
Labor, Materials and Equipment..........................6.3-6.5
..........
Multi -prime contracts,,....,................................
7
Lands--
Not Shown or Indicated ......................................... ........
4.3.2
'
and Easements.,,.....,, ........ .........
..........8.4
Notice of --
Availability of ................... . .......................4.1,
8.4
Acceptability of Project ........ _....... ,,..........,,..,,...
14.13
Reports and Tests ............... .........
8.4
Award, definition of.,.
1.25
Laws and Regulations --Laws or Regulations--
Claim ...... .... ..... .. . . ..
17.3
Bonds........................................................
S.I-5.2
Defects,13.1
Changes in the Work .................................
„._._10.4
Differing Subsurface or Physical Conditions.,...,
4.2.3
Contract Documents...........................................3.1
Giving ....................................... .....................
17.1
CONTRACTOR's Responsibilities .....................6.14
'
Correction Period, defective Work,.„................13.12
Tests and Inspections.,...... ,.,,.............. ..............
13.3
Cost of the Work, taxes ................................
11.*4.5.4
Variation, Shop Drawing and Sample',.,..,
definition of ......................................................1.22
.......6.27
Notice to Proceed--
'
general6.14
Indemnification ......................................
6.31-6.33
definition of
giving of ..... ...„
1.26
2.3
x
EJCDC GENERAL CONDITIONS 1910-8
(1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99)
delay (but not as penalty)
CONTRACTOR shall
pay OWNER the amounts set
'
forth hereafter.
'
1) Substantial Completion:
Three Hundred Dollars ($300) for each
calendar day or fraction
thereof that expires after
the seventy-five
(75) calendar day period
for Substantial Completion
of the Work until
the Work is Substantially
'
Complete.
2) Final Acceptance:
' After Substantial Completion, One hundred dollars($100) for each
calendar day or fraction thereof that expires after the ten (10)
calendar day period for Final Payment.and Acceptance until the Work is
' ready for Final Payment and Acceptance.
'
ARTICLE 4, CONTRACT
PRICE
4.1. OWNER shall pay CONTRACTOR for
performance
of the -Work in
accordance with the
Contract Documents in
current funds
as follows:
Two Hundred Five
Thousand Three Hundred Fifty
Five Dollars,
($205,355.00), 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
Section 00520 Page 2
Notification to Surety..............................................10.5
testing, independent................. __.................... 13.4
Observations, b ENGINEER ......... .....6.30, 9.2
use or occupancy
Occupancy of the Work...................5.15, 6.30.2.4, 14.10
of the Work .......................... .15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR...............6.9, 9.13
written consent or approval
Open Peril policy form, Insurance ..........................5.6.2
required ............................ ............. 9.1, 6.3, 11.4
Option to Replace ................................................... 5.14
Article or Paragraph
'
Number
"Or Equal" Items......................................................0.7
Other work 7
Overtime Work --prohibition of ................................. 6.3
OWNER --
Acceptance of defective Work .......................... 1.3.13
appoint an ENGINEER......................................8.2
as fiduciary...............................................5.12-5.13
'
Availability of Lands, responsibility .................... 4.1
definition of.....................................................1.27
data, furnish......................................................8.3
May Correct Defective Work...........................1.3.14
'
May refuse to make payment ............... 14.7
..............................
May Stop the Work.........................................13.10
May Suspend Work,
Terminate ...........................8.8, 13.10, 15.1-15.4
'
Payment, make prompt.....„..............8.3, 14.4, 14.13
performance of other work .................................. 7.1
perm its, and licenses, requirements ............. 6.13
purchased insurance requirements ...............5.6-5.10
'
OWNER's--
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute.......... 8.6, 10.4
'
Communications ........................................... 8.1
Coordination of the Work.:.....:...... . 7.4
Disputes, request for decision....,.,. 9.11
Inspections, tests and approvals..................8.7, 13.4
Liability Insurance
'
..............................................5.5 Notice of Defects,....,. 13.1
Representative -During Construction,
ENGINEERS Status .......9.1 .
. ...............................
Responsibilities--
'
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material................8.10
Change Orders..............................................8.6
Changes in the Work...................................10.1
communications ..................................' 8.1
'
CONTRACTORS responsibilities........ 8.9
evidence of financial arrangement s..............8.11
inspections, tests and approvals .................... 8.7
insurance..................................................... . 8.5
'
lands and easements ............... 8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................8.2
reports and tests ................ ............. . .. ..8.4
'
stop or suspend Work,..... 8.8, 13.10, 15.1
terminate CONTRACTORS
services..........................................8.8, 15.2
'
separate representative at site..............................9.3
Xi
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
11
Article or Paragraph
Number
written notice required ............... ..
.....7.1, 9.4, 9.11,
....................................11.2, 11.9, 14.7, 15.4
PCBs --
definition of......................................................1.29
general ........
4.5
OWNER's responsibility for...............................8.10
Partial Utilization --
definition of......................................................1.28
general6.30.2.4, 14.10
Property Insurance ............................................
5.15
Patent Fees and Royalties.. ......................................6.12
Payment Bonds .........................................
.5.1-5.2
Payments, Recommendation of..............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments ..................14.2
CONTRACTOR's Warranty of Title
„.................14.3
Final Application for Payment .........................14.12
Final Inspection...............................................14.11
Final Payment and Acceptance ...............
14.13-14.14
general........,.,
.......8.3, 14
Partial Utilization.....................................„.__..14.10
Retainage..........................................................
14.2
Review of Applications for
Progress Payments...............................14.4-14.7
prompt payment- ........
.......8.3
Schedule of Values .................
14.1
Substantial Completion ..................
......1.4.8-14.9
Waiver of Claims..............................................
14.15
when payments due ................................
14.4, 14.13
withholding payment
............ 14.7
Performance Bonds ....._... ...............5.1-5.2
Permits............................................................
6.13
Petroleum --
definition of ......................................................
............................................
1.30
general.....................................................4.5
OWNER's responsibility for .....
' Physical Conditions --
Drawings of, in or relating to..
ENGINEER's review
8 ................... .10
.
4.2.1.2
4.2.4
4.2.2
.....................................
. .
xii
Article or Paragraph
Number
Shown or Indicated .............•..............,,•.,,.............,
4.3.1
Technical Data ...............................
4.2.2
Preconstruction Conference z............
.,2.8
Preliminary Matters ...........
..
2
................2.6
Preliminary Schedules ..............
.........................
I..........
Premises, Use of .......... ..... ......... ..............
....... 6.16-6.18
Price, Change of Contract ...... ......................:....
...... ...11
Price, Contract --definition of.,.,,,,
„•, ,-,,,_• I.11
Progress Payment, Applications for .............
•............. 14.2
Progress Payment--retainage..................................
.. 14.2
Progress schedule, CONTRACTORS ..........2
6, 2.8, 2.9,
................ .......... ......' 6.6, 6.29,
10.4, 15.2.1
Project --definition of...............................................1.31
Project Representative—
ENGINEER's Status During Construction
..... ....... 9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER ....................................
8.3
Property Insurance --
Additional .............................. .......................
5.7
general5.6-5.10
Partial Utilization................................5.15,
14.10.2
receipt and application of proceeds_...,...
_ '5.12-5.13
Protection, Safety and ..............................
6.20-6.21, 13.2
Punch list ...................
14.11
Radioactive Material--
defintion of......................................................1.32
general4.5
OWNER's responsibility for..............................8.10
Recommendation of Payment,.„............ 14.4, 14.5, 14.13
Record Documents.....,..,,. .... ...........
6.19, 14.12
Records, procedures for maintaining .........................2.8
Reference Points .................... ... ................................4.4
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regulations, Laws and (or) ............. .........
... „ . 6.14
Rejecting Defective Work ... .. . ........................
.... .. ......9.6
Related Work --
at Site ..............
_._..,.7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ....................
6.28
Remedies, cumulative ...............................
......17.4, 17.5
Removal or Correction ofDefective Work......,,,,
13.11
rental agreements, OWNER approval required ..... 11.4.5.3
replacement of ENGINEER, by OWNER ....................
8.2
Reporting and Resolving
Discrepancies................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings .................................................
4.2.1
and Tests, OWNER's responsibility .....................8.4
Resident and Project Representative—
definition of....................................................1.33
provisionfor............................................................ 9.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
E
J
7�
u
I �'
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's................6.2
Responsibilities—
CONTRACTOR's-in general .................................. 6
ENGINEER's-in general........... ........................................9
Limitations on .......................9.13
.........
OWNER'S -in general.............................................8
Retainage............................................................14.2
Reuse of Docum ents...............................................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................6.25
Review of Applications for
Progress Payments ............... ......................
14.4-14.7
Right to an adjustment ....... ..... .................. . . .
.. ........10.2
Rights of Way. . ........................................................
4.1
Royalties, Patent Fees and ...... I................................6.12
Safe Structural Loading .... ......... .........
........6.18
Safety --
and Protection.................................4.3.2,
6.16, 6.18,
6.20-6.21 7.2 13.2
......................................I
general ................ .
,
Representative, CONTRACTOR's......................6.21
Samples --
definition of.....................................................1.34
general .......... _
Review by CONTRACTOR .....................
......... 6.25
Review by ENGINEER..............................6.26,
6.27
related Work
6.28
submittal of .................................................
...........................................
6.24.2
submittal procedures.........................................6.25
Schedule of progress.............................2.6,
2.8-2.9, 6.6,
......... ......... ...............6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals .. ..... ......_................2.6, 2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8=2.9, 14.1
Schedules --
Adherence to .....................15.2.1
.............................
Adjusting...........................................................6.6
Change of Contract Times.................................10.4
Initially Acceptable.....................................2.8,
2.9
Preliminary ................................
..... 2.6
Scope of Changes .............
10.3-10.4
Subsurface Conditions........................................4.2.1.1
Shop Drawings --
and Samples, general.................................6.24-6.28
Change Orders & Applications for
Payments, and ......................................
...9.7-9.9
definition of......................................................1.35
ENGINEER's approval of... ...............................
3.6.2
ENGINEER's responsibility
for review ............... ......... .............
9.7, 6.24-6.28
relatedWork....................................................6.28
review procedures................................2.8,
6.24-6.28
Article or Paragraph
Number
submittal required... ..........................................
.6.24.1
Submittal Procedures ............... . . ... ... .......
6.25
use to approve substitutions .............................
6.7.3
Shown or Indicated..__ ............................................
4.3.1
Site Access....................................................7.2,
13.2
Site Cleanliness......................................................
6.17
Site, Visits to --
by ENGINEER ........... . . ..............................
9.2, 13.2
byothers.........................................................13.2
"special causes of loss" policy form,
insurance .......................................................
5.6.2
definition of.....................................................1.36
Specifications_
defination of....................................................1.36
cieties of Technical So, reference to...................3.3.1
precedence .................
.............................
..... 3.3.3
Standards and Specifications
of Technical Societies .........................................
3.3
Starting Construction, Before ..... I.........................2.5-2.8
Starting the Work . .. ...............................................2A
Stop or Suspend Work--
by CONTRACTOR...........................................15.5
by OWNER......................................8.8, 13.10, 15.1
Storage of materials, and equipment ..................
_4.1, 7.2
Structural Loading, Safety ........................................6.18
Subcontractor --
Concerning ................................................
6.8-6.11
definition of ................... ........................12.3
1.37
delays _ ..
......................................................
waiver of rights................................................6.11
Subcontractors --in general .. ......... ......................6.8-6.11
Subcontracts --required provisions......... 5.11, 6.11,
11.4.3
Subm ittals--
Applications for Payment ..........................
.14.2
Maintenance and Operation Manuals..............14.12
Procedures ............................ ..........................
6.25
Progress Schedules ......................................
2.6, 2.9
Samples .......
6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions......................................2.6,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial Completion --
certification of ...... ......................6.30.2.3,
14.8-14.9
definition of„ ......... ....................1.318
Substitute Construction Methods or Procedures_.„..._6.7.2
Substitutes and "Or Equal" Items .....................
_.6.7
CONTRACTOR's Expense...........................6.7.1.3
ENGINEER's Evaluation ,..,,,...
6.7.3
"Or -Equal "................. ......... ...........
0.7.1.1
Substitute Construction Methods
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
1
1
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items .......................................
6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relatng to ........................
4.2.1.2
ENGINEERs Review ....................................
. 4.2.4
general...................................... .....................4.2
Limited Reliance by CONTRACTOR
Authorized .............................................
4.2.2
Notice of Differing Subsurface or
Physical Conditions.........,„ .............................
4.2.3
Physical Conditions., ....................................
4.2.1.2
Possible Contract Documents Change...............4.2.5
Possible Price andTimes Adjustments ...............
4.2.6
Reports and Drawings .... . . ...... ..........................4.2.1
Subsurface and...........
....4.2
Subsurface Conditions at the Site...................4.2.1.1
Technical Data................................................4.2.2
Supervision—
CONTRACTORs responsibility ...........................6.1
OWNER shall not supervise ................
8.9
ENGINEER shall not supervise ................
9.2, 9.13.2
Superintendence......................................................
6.2
Superintendent, CONTRACTORs resident
...............6.2
Supplemental costs ..... ......................................11.4.5
Supplementary Conditions--
definition of......................................................1.39
principal references to.................1.10, 1.18, 2.2, 2.7,
......................4.2, 4.3, 5.1, 5.3,
5.4, 5.6-5.9,
................. .11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents .........................3.6
Supplier --
definition of...................................................1.40
principal references to ........... 3.7, 6.5, 6.8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights .................. .............................6.11
Surety --
consent to final payment .......................14.12,
14.14
ENGINEER has no duty to.................................9.13
Notification of ........... ......... ........10.1,
10.5, 15.2
qualification of........ ...,......15.1-5.3
Survival of Obligations ......................................
6.34
Suspend Work, OWNER May ......... ..........13.10,
15.1
Suspension of Work and Termination-- ......................15
CONTRACTOR May Stop Work
or Term inate, .......
15.5
OWNER May Suspend Work............................15.1
OWNER May Terminate... I ........................
15.2-15.4
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR .................4.2.2
Possible Price and Times Adjustments..............4.2.6
Reports of Differing Subsurface and
Physical Conditions ...............................
.4.2.3
xiv
Temporary construction facilities ............................. 4.1
Article or Paragraph
Number
Termination_
byCONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEERs employment...............................8.2
Suspension of Work-in general .............................15
Terms and Adjectives ............. *.........................
.....3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTORS responsibilities .......................13.5
cost of 13.4
covering Work prior to..............................13.6-13.7
Laws and Regulations (or)......
13.5
Notice of Defects...............................................13.1
OWNER May Stop Work ...........................
...... 13.10
OWNERS independent testing ..........................13.4
special, required by ENGINEER
9.6
timely notice required.......................................13.4
Uncovering the Work, at ENGINEERs
request.................................................13.8-13.9
Times--
Adjusting...........................................................6.6
Change of Contract.............................................12
Computation of................................................17.2
Contract Times --definition of ...........................1.12
day.........................................................17.2.2
Milestones ..........................................................12
Requirements --
appeals...... ............
9.10, 16
clarifications,
claims and disputes..................9.11,
11.2, 12
Commencement of Contract Times
..................
2.3
Preconstruction Conference ..........................2.8
schedules .........................................
2.6, 2.9, 6.6
Starting the Work .............. ...........................2.4
Title, Warranty of....................................................14.3
Uncovering Work............................................13.8-13.9
Underground Facilities, Physical Conditions --
definition of ..................................
1.41
Not Shown or Indicated
4.3.2
protection of .......... ..... *
4.3, 6.20
Shown or Indicated.................................4.3.1
Unit Price Work--
claims.........................................................1.1.9.3
definition of .......................... .......................
1.42
general 11.9, 14.1, 14.5
Unit Prices --
general] 1.3.1
Determination for ...........................
9.10
Use of Premises................................6.16, 6.18, 6.30.2.4
Utility owners ............................ 6.13, 6.20,
7.1-7.3, 13.2
Utilization, Partial...................1.28, 5.15, 6.30.2.4,
14.10
Value of the Work .................................................
11.3
Values, Schedule of„ ...........................2.6,
2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
11
'
Variations in Work --Minor
Authorized .......................................
6.25, 6.27, 9.5
'
Article or Paragraph
Number
Visits to Site --by ENGINEER ....................................
9.2
Waiver of Claims --on Final Payment ......................14.15
Waiver of Rights by insured parties. „...............5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR ...............................................
6.3 0
Warranty of Title, CONTRACTORs.......................
1.4.3
Work --
'
Accessto..........................................................13.2
byothers ............................................
I.................. 7
Changes in the....................................................10
Continuing the..................................................6.29
'
CONTRACTOR May Stop Work
orTerminate...............................................15.5
Coordination of ..................................................
7.4
Cost of the, .................................................
11.4-11.5
definition of„......, ............................................
1.43
neglected by CONTRACTOR...........................1.3.14
otherWork............................................................7
OWNER May Stop Work ...............
I......... .......13.10
'
OWNER May Suspend Work ................
13.10, 15.1
Related, Work at Site ...................................
7.1-7.3
Starting the........................................................2.4
Stopping by CONTRACTOR ........ .........................1.5.5
'
Stopping by OWNER„
15 1 15.4
Variation and deviation authorized, minor..........3.6
Work Change Directive --
claims pursuant to......to........
definition of
_ . ._.144
.... .... 1.44
references
principal .._......,. . ...
..
3.5.3, 10.1-10.2
Written Am endm ent--
definition of
'
principal references to..............1.10, 3.5, 5.10,15.12,
.....................................................1.45
6.6.2, 6.8.2, 6.19, 10.1, 10.4,
...........................1.1.2,12.1,13.12.2,14.7.2
Written Clarifications and
Interpretations..................................3.6.3,
9.4, 9.11
Written Notice Required--
by CONTRACTOR ............................
7.1, 9.10-9.11,
...........................................
10.4, 11.2, 12.1
'
by OWNER ....................9.10-9.11,
10.4, 11.2113.14
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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.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment --The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bic —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10. Contract Documents —The Agreement,. Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Cyders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price --The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement
1.14. defective —An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been.assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER'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
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
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1.20. General Requirements —Sections of Division l of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations, Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1.22.b. Legal Holidays --shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice of Award --A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed -A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER —The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
1.28. Partial Utilization —Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.a. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours --Regular working hours
are defined as 7:00am to 6 OOrnn unless otherwise
specified in the General Requirements
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work -,v7ll be
judged.
135. Shop Draunngs--All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
138. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes- for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed' as applied to all or part of the Work refer to
Substantial 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
famish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
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1
1
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work —The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents:
1.44. Work Change Directive —A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents.•
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. in no event willll the geatFact T
- to run later than the sbctieth day after the day
,. ,,.. the thirtieth ,1,... ,. A,.. the L'LX',.,.t:..e il,. t,.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to nm
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2,6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and OkWJER shall each deliver to the
ether OWNER, with copies to @aGh additiona!
ENGINEER,
certificates of insurance (and other evidence of insurance
reasonably Faquest requested by OWNER) which
CONTRACTOR ^ a nlimrcn _e o^'"'^l.. ^_^ is required
to purchase and maintain in accordance with
paragraphs 5. 4, `�T.
Preconstruetion Conference:
2.3. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents, at least ten .days before ....l.n,ission of the fir t
Application for Pa)gn^ t before any work at the site begins
a conference attended by CONTRACTOR, ENGINEER
and others as apprepfiate designated by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division 1 - General Requirements.
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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1
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. It during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, .CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
the Work remain satisfactory to them, there will be no additional
' retainage on account of Work completed in which case the remaining
progress payments prior to Substantial Completion will be in an amount
equal to 100% of the Work completed. 90% of materials and equipment
' not incorporated ,in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application for payment.
5.1.2. Upon Substantial Completion payment will be made in an
amount sufficient to increase total payments to CONTRACTOR to 95% of
' the Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the
Work in accordance with paragraph 14.13 of the General Conditions,
' OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR
makes the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and
extent of the Contract Documents, Work, site, locality, and with all
' local conditions and Laws and Regulations that in any manner may
affect cost, progress, performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of
explorations and tests of subsurface conditions and drawings of
physical conditions which are identified in the Supplementary
Conditions as provided in paragraph 4.2 of the General Conditions.
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.
Section 00520 Page 3
1
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents,
3.4. Whenever in the Contract Documents the terms "as
ordered" "as directed" "as required"; "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction; review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to: supervise or direct the
famishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents.
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3-6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
AvailabiBty of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR
OkW4ER shall •
Stato nl cif raFnrrie an
a
i� el title legal deseriptiai; C th
lands upen whi6h the Work is to be peffeffned and
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a@6erd-afwa- Wilffi appliG bl Laws d D b 1 t' .
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNEWs furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
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CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of.
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in .preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR ,4uthorizec4-
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques; sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical data on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER 'in writing about such condition.
CONTRACTOR shall not farther disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review:. ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNERS obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Ad3ustments: An
equitable adjustment in the Contract Price 'or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTORs cost
of, or time required for performance oC the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
I
' submission of a bid or becoming bound
under a negotiated contract; or
' 4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
' areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
' 4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
1
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 ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6:20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Sho" or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
give written notice to that owner and to OWNER arid
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be .aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor.as provided in Articles 11 and 12. However,
OWNER; ENGINEER and ENGINIER'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:
4.4, OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
1
1
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5--BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also farrush such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. ^'II*o MR s1hal
deliver to EO:�URAGTO with espies —to each
m�-.-d identified in the—Suppkm�
P-ifiyu•••J.. r 1.1 0. rGNT-D�a� AGTI
'
CONTRACTOR's LiabiiitvInsurance:
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
5.4. CONTRACTOR shall purchase and maintain such
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
'
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
5.4.11. 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
prior written notice has been given to OWNER and
'
obligations under the Contract Documents, whether it is to
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 furnished by the
any of the Work, or by anyone for whose acts any of them
CONTRACTOR pursuant to paragraph 5.3.2 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 replacing defective Work
5.4.2. claims for damages because of bodily injury,
in accordance with paragraph 13:12; and
occupational sickness or disease, or death of
CONTRACTOR'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 OWNER and each other additional insured
identified in the Supplementary Conditions to whom
5.4.4.1)-_
^r^___elaims `___ Elama es
a certificate of insurance has been issued evidence
t
_swell
"' ' I "-';' " ' , , _
satisfactory to OWNER and any such additional
!;\•b..., milt ,.0 ,. offense ♦1
V V y v Yvw
" .r u otl of
insured of continuation of such insurance at final
ran, T A GTOP (ii) by " ,.+t,"r t - "
payment and one year thereafter).
'
Win; v- u n
OTVNER'sLiability Insurance:
5.4.5. claims for damages, other than to the Work
5.5. In addition to insurance required to be provided
itself; because of injury to or destruction of tangible
by CONTRACTOR under paragraph 5.4, OWNER, at
property wherever located, including loss of use
OWNER's option, may purchase and maintain at
resulting therefrom; and
OWNER's expense OWNER's own liability insurance as
'
will protect OWNER 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
Property Insurance:
'
vehicle.
The policies of insurance so required by this paragraph 5.4
Conditions, QVgMR shall purchase and maintain
to be purchased and maintained shall:
5.4.7. with respect to. insurance required byas
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9
,.,...+ .1, F ( 1.' + + stle1,
may be pFevided in the
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER'S
5.6.1. include the interests of 03AS
'
Consultants and any other persons or entities identified
CCNNURAGTOIL Subeentraetem, 1 TRH' ifs
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
anfities identif4ed in the Supplementary Conditions,
the respective officers and employees of all sucheffiy
te have an instif able interest
'
additional insureds;
d shag be l+ d a d or additional a
5.4.8. include the specific coverages and be written
5.6.2. be written en a Builder's Risk "all iask"r
for not less than the limits of liability provided in the
open peril 6r spasial causes of loss policy fOFM that
Supplementary Conditions or required by Laws or
-^
shall At lo.,..+ . h, le : F
'
Regulations, whichever is greater;
11,E
in
5.4.9. include completed operations insurance;
and Wod- trAnsit And shAll against at least
thaperils: fire, lightru;,extendea
' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5.11. 44aive 6 f' pj ,t.....
f0plfte
limited] to fees and cha D s—ef engineers —an
arehiteets)--,
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the WOFk to th@ e..«e..t Of ...... ,le.l....«a,le ., ^ t - th «
identified in the Sxpp'ementarI — .1&6 s. The rAE of
less within ,...el. identified '1. .7 .1 4'l.l - - ♦ will be m-
by GOT14RACTOR eaw' c"¢a^�^-�ro4mcr `^uaecn,
sueh loss and if aM, of thern wishes propaFty insurance
n I ..taro it at the .._. tease: s own expense.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
C
7
Receipt andApplieation oflnsurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers nE <f re j ed r
writing b• k
interest M j ♦iEl...hag 1....
Il\I/T d ^r . tl.,.
ry''
Acceptance of Bonds and Insurance; Option to Replace:
5.1:4. If either a EG;WrEn e `viTTTD A T/lDl
OWNER has any objection to the coverage afforded by or
other provisions of the Betels er insurance required to be
purchased and maintained by the other patty
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the .Contract Documents, the
objecting party "I! se fietiFf-the-edier-party OWNER will
notify CONTRACTOR in writing within term fifteen days
after receipt delivery of the certificates (or otlr vmer e evidncv
� 1�
requested) to OWNER as required by paragraph 2.7.
provided the other rnayreasenably request If ether
p"' does not Pufehase or maintain all ef the Bonds Et
iris required Of such part by the Gentrant
perthe required 60VeFBg0. Without prej dice to an), other rigfA
the expeme of the part), vdie -equ-i—ired-te-previde such
coverage, and a Qmnge Order shall be issued to adju
Certtfaet Price accordingly.
Partial Utilization —Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and .applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific• means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent; who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTORSs representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except_as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of anv Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
11
'
6.4. Unless otherwise in the General
specified
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 ENGINEER under the following
sanitary facilities, temporary facilities and all other
circumstances:
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.7.1.1. 'Or -Equal": If in ENGINEER's sole
discretion an item of material or equipment
'
6.4.1. Purchasing Restrictions: CONTRACTOR
proposed by CONTRACTOR is functionally
must comply with the City's purchasing restrictions. A
equal to that named and sufficiently similar so that
copy of the resolutions are available for review in the
no change in related Work will be required, it may
offices of the Purchasing and Risk Management
be considered by ENGINEER as an "or -equal
'
Division or the City Clerk's office.
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
6.4.2. Cement Restrictions: City of Fort Collins
discretion, be accomplished without compliance
Resolution 91-121 requires that suppliers and producers
with some or all of the requirements for
'
of cement or products containing cement to certify that
the cement was not made In cement kilns that bum
acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
hazardous waste as a fuel.
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
6.5. All materials and equipment shall be of good
an'"or-equal" item under subparagraph 6.7.1.1, it
quality and new, except as otherwise provided in the
will be considered a proposed substitute item.
Contract Documents. All warranties and guarantees
CONTRACTOR shall submit sufficient
specifically called for by the Specifications shall expressly
information as provided below to allow
run to the benefit of OWNER. If required by ENGINEER,
ENGINEER to determine that the item of material
CONTRACTOR shall furnish satisfactory evidence
or equipment proposed is essentially equivalent to
(including reports of required tests) as to the kind and
that named and an acceptable substitute therefor.
'
quality of materials and equipment. All materials and
The procedure for review by the ENGINEER will
equipment shall be applied, installed, connected, erected,
include the following as supplemented in the
used, cleaned and conditioned in accordance with
General Requirements and as ENGINEER may
instructions of the applicable Supplier, except as otherwise
decide is appropriate under the circumstances.
provided in the Contract Documents.
Requests for review of proposed substitute items
'
r egfrropment beother edhan
Progress Schedule:
ENGINEER nyo e
CONTRACTOR If CONTRACTOR wishes to
6.6. CONTRACTOR shall adhere to the progress
furnish or use a substitute item of material or
schedule established in accordance with paragraph 2.9 as it
equipment, CONTRACTOR shall first make
'
may be adjusted from time to time as provided below:
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
6.6.1. CONTRACTOR shall submit to ENGINEER
perform adequately the functions and achieve the
for acceptance (to the extent indicated in
results called for by the general design, be similar
'
paragraph 2.9) proposed adjustments in the progress
in substance to that specified and be suited to the
schedule that will not change the Contract Times (or
same use as that specified The application will
Milestones). Such adjustments will conform generally
state the extent, if any, to which the evaluation
to the progress schedule then in effect and additionally
and acceptance of the proposed substitute will
'
will comply with any provisions of the General
Requirements applicable thereto.
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
6.6.2. Proposed adjustments in the progress schedule
will require a change in any of the Contract
that will change the Contract Times (or Milestones)
Documents (or in the provisions of any other
shall be submitted in accordance with the requirements
direct contract with OWNER for work on the
'
of paragraph 12.1. Such adjustments may only be
Project) to adapt the design to the proposed
made by a Change Order or Written Amendment in
substitute and whether or not incorporation or use
accordance with Article 12.
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
6.7. Substitutes and "Or Equal" Items:
All variations of the proposed substitute from that
specified will be identified in the application and
6.7.1. Whenever an item of material or equipment is
available maintenance, repair and replacement
specified or described in the Contract Documents by
service will be indicated. The application will
using the name of a proprietary item or the name of a
also contain an itemized estimate of all costs or
particular Supplier, the specification or description is
credits that will result directly or indirectly from
'
intended to establish the type, function and quality
acceptance of such substitute, including costs of
required. Unless the specification or description
redesign and claims of other contractors affected
'
12 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
'
by the resulting be
change, all of which will
considered by ENGINEER in evaluating the
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is
proposed 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. CON7RACTOR's Expense: All data to be
provided by CONTRACTOR in support of any
6.8.2. if the Supplementary !`.....bons Bidding
proposed "or -equal" or substitute item will be at
Documents require the identity of certain
'
CONTRACTOR's expense.
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
63.2. Substitute Construction Methods or
principal items of materials or equipment) to be
Procedures: If a specific means, method, technique,
submitted to OWNER in advanee of the speeifie
sequence or procedure of construction is shown or
dam prior to the Effective Date of the Agreement for
'
indicated in and expressly required by the Contract
acceptance by OWNER and ENGINEER --an"
Documents, CONTRACTOR may furnish or utilize a
GG: RAGTGD hfts sabfnitted a list thereof
substitute means, method, technique, sequence or
„-a^M^ With the SUpplemer ( r.
procedure of construction acceptable to ENGINEER.
OWNER's or ENGINEER's acceptance (either in
'
CONTRACTOR shall submit sufficient information to
writing or by failing to make written objection thereto
allow ENGINEER, in ENGINEER's sole discretion, to
by the date indicated for acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents) of
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
erganization se i revoked an
similar to that provided in subparagraph 6.7.1.2.
„be
basis of - „ b1 eT •„ ^n^
in ...1,i0h ,!"TOR
6.7.3. Engineer's Evaluation: ENGINEER will be
rnge GGTTTP
shell submit-
eeeepteble—substitute, the Gema._: Pfiee will L
allowed a reasonable time within which to evaluate
each proposal or submittal made
p p pursuant t0
^ueh substi a an ^ Gh Q a
1hlfiaFln ^^ rr r s
'
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
v611 be issued ef Written AfflendfnerA signed will
sole judge of acceptability. No "or -equal" or
constitute a condition of the Contract requiring the
substitute will be ordered, installed or utilized without
use of the named subcontractors• suppliers or other
ENGINEER's prior written acceptance which will be
persons or organization on the Work unless prior
evidenced by either a Change Order or an approved
written approval is obtained from OWNER and
'
Shop Drawing. OWNER may require
ENGINEER No acceptance by OWNER or
CONTRACTOR to furnish at CONTRACTOR's
ENGINEER 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 OWNER or ENGINEER to reject
ENGINEER will record time required by
defective Work.
'
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
69.
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
'
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
6.9.1. CONTRACTOR shall be fully responsible to
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 CONTRACTOR is
'
OWNER 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,
6.8. Concerning Subcontractors, Suppliers and
Supplier or other person or organization any
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 part of OWNER or ENGINEER 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
'
ENGINEER as indicated in paragraph 6.8.2), whether
organization except as may otherwise be required by
initially or as a substitute, against whom OWNER or
Laws and Regulations. OWNER or ENGINEER may
ENGINEER may have reasonable objection.
furnish to any subcontractor, supplier or other person
CONTRACTOR shall not be required to employ any
or organization evidence of amounts paid to
Subcontractor, Supplier or other person or organization
CONTRACTOR in accordance with
to famish or perform any of the Work against whom
CONTRACTOR'S "Applications for Payment"
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 191M (1990 Edition) 13
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
' the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER.
pragaphs 5��r3-7, the�eemextbeetweebhe
o
waives all rights against n`�„x'^ EP —G9 CTnD
additiorml insufeds F F all losses and ,m;..,,..s
the �WeAc. If the insurers r on ny sueh peliGies
Patent Fees and Royalties.•
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
14 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in. obtaining such
permits and licenses. CONTRACTOR shall pay all
govertunental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and Regulations:
6.14. L CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's 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 pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
6.4. CONTRACTOR has reviewed and checked all information and
data shown or indicated on the Contract Documents with respect to
existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground
' Facilities. No additional examinations, investigations, explorations,
tests, reports, studies or similar information or data in respect of
said Underground Facilities are or will be required by CONTRACTOR in
order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the
provision of paragraph 4.3. of the General Conditions.
' 6.5. CONTRACTOR has correlated the results of all such
observations, examinations, investigations, tests, reports and data
' with the terms and conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all
' conflicts, errors or discrepancies that he has discovered in the
Contract Documents and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
' ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement
' between OWNER and CONTRACTOR concerning the Work consist of the
General Conditions, Supplementary Conditions, those items included in
the definition of "Contract Documents" in Article 1.10 of the General
' Conditions, and such other items as are referenced in this Article 7,
all of which are incorporated herein by this reference.
' 7.2 Forms for use by CONTRACTOR in performing the Work and
related actions in carrying out the terms of this Agreement are deemed
Contract Documents and incorporated herein by this reference, and
include, but are not limited to, the following:
7.2.1Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
' 7.2.3Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
' 7.2.6Application 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 1 to 1, inclusive.
Sec
tion 00520 Page 4
'
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
'
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
'
be included in appropriate bid items.
Use of Premises:
6.16, CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner. or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at lain. CONTRACTOR shall, to the fullest
extent permitted by Laws.and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs; losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
wl/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution .of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
C
C
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies.•
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples.
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations. under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER'S
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER'S review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
H
LI
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop.
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25:1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR_
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CON7R4CTOR's General Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER.
Indemnification:
6.31. , To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is, caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
1
1
J
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
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--OTHER WORD
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(n) CONTRACTOR may make a claim therefor as
provided in Articles I I and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the am ount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR.shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
E]CDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agoktst.
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall famish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surreys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph4.2 refers to OWNER' 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
0
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.5. OV4;E !. responsibilities in respeet of puFch
and maintaiiiing liability and pFepef:ty 4isuFanee are so
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13A.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
._:
- ..._.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OYYNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910-8 (1990 E(ition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEERSs efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEERSs authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEERSs on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and1., the Supplerae
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGNNEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative (RPR) or other
assistants- or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the General
Conditions. these Representatives shall have the authority
and limitations as provided in paragraph 913 of the
General Conditions and shall be subject to the following
9.3.1. The Representative's dealings in matters
pertaining to the on -site work will, in general be with
the ENGINEER and CONTRACTOR But- the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities Representative
will:
9.3.2.1. Schedules - Review the progress
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schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job .conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
'
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information, when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
'
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER
'
9.3.2.4.Review of Work. Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
'
in determining that the Work is proceeding in
accordance with the Contract Documents.
J
9.3.2.4.3. Accompany visiting inspectors
representing public or other agencies having
iurisdiction over the Project, record the results
of .these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interoretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.7.3. Record names
addresses and telephone numbers of all
CONTRACTORS, subcontractors and
major suppliers of equipment and materials:
9.3.2.8. Reports.
9.3.2.8.1. Furnish ENGINEER Deriodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9.3.2.8.2. Consult with ENGINEER in
advance of scheduling major tests -
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.2.9 Payment Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
'
ENGINEER the
noting particularly relationship of
requirements of the Contract Documents (in the form of
the payment requested to the schedule of values
Drawings or otherwise) as ENGINEER may determine
work completed and materials and equipment
necessary, which shall be consistent with the intent of and
delivered at the site but not incorporated in the
reasonably inferable from the Contract Documents. Such
'
Work.
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
9.3.2.10. Completion.
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
9.3.2.10.1. Before ENGINEER 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, OWNER 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 Variations in Mark:
'
cowry of the ENGINEER OWNER and
CONTRACTOR and prepare a final ,list of
9.5. ENGINEER may authorize minor variations in
items to be corrected or completed.
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
'
9.3.2.10.3. Observe that all items on the
Contract Price or the Contract Times and are 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 OWNER and also on
'
9.3.3. Limitation of Authority: The Representative shall
CONTRACTOR who shall perform the Work involved
not:
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
9.3.3.1. Authorize any deviations from the
the Contract Times and the parties are unable to agree as
Contract Documents or accept any substitute
to the amount or extent thereof, OWNER or
'
materials or equipment, unless authorized by the
CONTRACTOR may make a written claim therefor as
ENGINEER
provided in Article 11 or 12.
9.3.3.2. Exceed limitations of ENGINEER'S
Rejecting Defective Work:
authority as set forth in the Contract Documents.
t
9.3.3.3. Undertake any of the responsibilities
9.6. ENGINEER will have authority to disapprove or
of the CONTRACTOR Subcontractors, or
reject Work which ENGINEER believes to be defective,
CONTRACTOR'S superintendent
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
'
9.3.3.4. 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 functioning whole as indicated by
means, methods, techniques, sequences or
the Contract Documents. ENGINEER will also have
procedures for construction unless such is
authority to require special inspection or testing of the
'
specifically called for in the Contract Documents
Work as provided in paragraph 13.9, whether of not the
Work is fabricated, installed or completed.
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
Shop Drawings, Change Orders and Payments:
precautions and programs in connections with the
'
Work.
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
9.3.3.6. Accept Shop Drawings or sample
6.28 inclusive.
submittals from. anyone other than the
CONTRACTOR
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
'
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
Determinations for Unit Prices:
'
except as specifically authorized by the
ENGINEER.
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
Clarifications and Interpretations:
CONTRACTOR. ENGINEER will review with
'
CONTRACTOR the ENGINEERSs preliminary
9.4. 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
'
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
21
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
1
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for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
'
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER'S decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
'
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
'
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
' procedures of paragraph 9.11.
Decisions on Disputes.-
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
'
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and.fumishing of
the Work and claims under Articles 1 l and 12 in respect of
'
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
'
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
'
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
'
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHBIT GC -A, "Dispute
'
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER'S
written decision is delivered by OWNER or
'
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
'
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
'
22 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter ptws ant to A Ftic4e ' 6.
9.13. Limitations on ENGMEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them,
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
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7
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.42. changes in the Contract Price or Contract
Times which are agreed to by the parties; and .
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any, such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
10.6. By the execution of a Change Order, a Work
Change Directive or Written Agreement, OWNER and
CONTRACTOR expressly acknowledge and agree that
said Change Order, Work Change Directive or Written
Agreement provides for a fair and equitable adjustment in
the Contract Price and/or Contract Times for the additions
deletions or revisions in the Work as authorized by said
Change Order, Work Change Directive or Written
Agreement. OWNER and CONTRACTOR further
expressly acknowledge and agree that claims for
adjustments to the Contract Price and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid.
ARTICLE 11—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11.9.1 through 11.9.3, inclusive);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
' paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
' paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of the Work:
'
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
'
be m amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5:
'
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
'
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
'
be apportioned on the basis of their time spent on the
Work. Payrollcosts shall include, butnet be limited to;
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and benefits, benuses-,
'
applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
'
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
'
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
'
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
'
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
24
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to.
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs l l.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attomeys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's . employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. - Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
7.5. The Contract Documents also include all written amendments
and other documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General
Conditions.
' 7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
ARTICLE 8. MISCELLANEOUS
' 8.1. Terms used in this Agreement which are defined in Article I
of the General Conditions shall have the meanings indicated in the
' General Conditions.
8.2. No assignment by a party hereto of any rights under or
' interests in the Contract Documents will be binding on another party
hereto without the written consent of the party sought to be bound;
and specifically but not without limitations, moneys that may become
due and moneys that are due may not be assigned without such consent
' (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any
written consent to an assignment no assignment will release or
' discharge that assignor from any duty or responsibility under the
Contract Document.
' 8.3. OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other party
hereto, its partners, successors, assigns and legal representatives in
I respect to all covenants, Agreement and obligations contained in the
Contract Document.
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Section 00520 Page 5
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furnishing Work
performance and of the (except
11.5.5. Costs due to the negligence of
losses and damages within the deductible amounts
CONTRACTOR, any Subcontractor, or anyone
of property insurance established by OWNER in
directly or indirectly employed by any of them or for
accordance with paragraph 5.9), provided they
whose acts any of them may be liable, including but
'
have resulted from causes other than the
not limited to, the correction of defective 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
11.5.6. Other overhead or general expense costs of
'
settlements made with the written consent and
any kind and the costs of any item not specifically and
approval of OWNER 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 CONTRACTOR's fee allowed to
'
CONTRACTOR's fee. If, 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 11.6.2.
'
11.6.2. if a fixed fee is not agreed upon, then a fee
11.4.5.7. 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:
11.4.5.8. Minor expenses such as telegrams,
11.6.2.1. for costs incurred under
'
long distance telephone calls, telephone service at
paragraphs 11.4.1 and 11.4.2, the
the site, expressage and similar petty cash items in
CONTRACTOR's fee.shall be fifteen percent;
connection with the Work.
11.6.2.2. for costs incurred under
11.4.5.9. Cost of premiums for additional Bonds
paragraph 11.4.3, the CONTRACTOR's fee shall
'
and insurance required because of changes in the
be five percent;
Work.
11.6.2.3. 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 11.4.1, 11.4.2, 11.4.3 and
11.5.1. 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 be paid a fee of fifteen percent of the costs
engineers, architects, estimators, attorneys, auditors,
incurred by such Subcontractor under paragraphs
accountants, purchasing and contracting agents,
11.4.1 and 11.4.2 and that any higher tier
expediters, timekeepers, clerks and other personnel
Subcontractor and CONTRACTOR will each be
employed by CONTRACTOR whether at the site or in
paid a fees rive percent of th@ amount paid +
CONTRACTOR'Sprincipal or a branch office for
the next, lcA,e tier Subeo to be negotiated
'
general administration of the Work and not specifically
in food faith with the OWNER but not to exceed
included in the agreed upon schedule of job
five percent of the amount paid to the next lower
classifications referred to in paragraph 11.4.1 or
tier Subcontractor.
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
11.6.2.4. no fee shall be payable on the basis
'
CONTRACTOR's fee.
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.5.2. Expenses of CONTRACTOR' principal and
branch offices other than CONTRACTOR's office at
11.6.2.5the amount of credit to be allowed
the site.
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
11.5.3. Any part of CONTRACTOR's capital
amount of the actual net decrease in cost plus a
expenses, including interest on CONTRACTOR'S
deduction in CONTRACTOR's fee by an amount
capital employed for the Work and charges against
equal to five percent of such net decrease; and
CONTRACTOR for delinquent payments.
'
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 change in accordance with
the same (except for the cost of premiums covered by
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
subparagraph 11.4.5.9 above).
11.7. Whenever the cost of any Work is to be
'
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
25
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
I
determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work.
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity,
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
anv remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
7
C
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control 'of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
r-easffiable 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 safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections.
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.1 that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000).
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER'S observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but. not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
n
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 1 and 12.
OWNER May Stop the Work.
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal ofDefeetive Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period-
13.12. 1. If within one dear 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, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
EJCDC GENEPUL CONDITIONS 1910-8 (1990 Edition)
28 w/ CITY OF FORT Coum MODIFICATIONS (REV 4/2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ane }year
two year after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance .occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article I L If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph. All
claims, costs,losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be Issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
D
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for Payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et Seq.
CONTRACTOR's YVarranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review ofApplieations for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4t2W0)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the besi of
ENGINEER's knowledge, information and belief,
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and. to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion,.it
would be incorrect to make the representations to
29
Fri
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, .nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating .the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGI —MR's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial !Utilization:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
n
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part.of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
' 14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
' that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
H
Final Application for Payment:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5A, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i)all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
m connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may famish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNERS
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
W CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Project manual.
Final Payment an d A cceptan ce:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation . as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If; through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINF R, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
fiimished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions goveming final
payment, except that it shall not constitute a waiver of
claims.
YVaiver of Claims.
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
31
1
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1
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under.
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Wort: or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph2.9 as adjusted from time to time
pursuant to paragraph 6.6),
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER. against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR May Stop TVork 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 ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
F
11
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sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
parry's employees or agents or others for whose acts the
other party is legally liable, claim .vill be made in writing
to the other parry within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver -of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply. .
Professional Fees and Court Costs Include&
17.5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or.other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent. Colorado statutes
are as follows,•
17.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less than 80 percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor employed
on the project. Colorado labor means any rson who
is a bona fide resident of the State of Colorado at the
time of employment, without discrimination as to race;
color, creed, age, religion or sex.
17.6.2. If a claim is filed OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
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1
' 34 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
11
OWNER: CITY OF FORT COLLINS
B y : F
DAMES 'NEILL II, CPPO, FNIGP
DIREC OR OF PURCHASING
AND RI MANAGEMENT
Date: l `�
U
Attest:
City Cl rK
Address for giving n �.3RR'�
P. 0. Box 580
Fort Collins, CO 80522
Approved aVyo Form
Assi,/tan�t City Attorney
Title
Date: ��~(
}� (CORPORATE SEAL)
Attest:
Address for giving notices:
LICENSE NO.:
Section 00520 Page 6
F1
n
I
(This page left blank intentionally.)
1
' EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 3$
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
' 36 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1
1.
1
1
E,XMIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCDC GENERAL CONDITIONS 1910-3 (1990E(itiwn)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGTNEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to, the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC —Al
' EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
1
GC -AI
SE
SECTION 00800
SUPPLEMENTARY CONDITIONS
I
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of
the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
City of Fort Collins modifications) and other provisions of the Contract
' Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
' The limits of liability for the insurance required by the paragraph numbers
of the General Conditions listed below are as follows:
' 5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
' 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage
for Explosion, Collapse, and Underground coverage unless waived by the Owner.
' 5.4.6 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-8.10 OWNER's Project Manager
' A. Add the following language to ARTICLE 8:
' 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct
all questions concerning Contract interpretation, Change Orders, and other
requests for clarification or instruction to the Project Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The Project Manager
shall have the authority set forth in the OWNER's Capital Project Procedures
' Manual. The Project Manager shall have the authority to reject work and
materials whenever such rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract Documents.
'
8.10.2
Duties and Responsibilities: The
Project Manager will make
periodic
visits to the project site to observe
the progress and quality
of
the Work
and to determine, in general, if
the Work is proceeding
in
'
accordance with the Contract Documents. The Project
required to make comprehensive or continuous
Manager shall not be
inspections to check the
progress
or quality of the Work. The Project Manager shall not
be
responsible for construction means, methods,
techniques, sequences,
or
Section 00800 Page 1
t
procedures, or for safety precautions or programs in connection with the
' Work, or for any failure of the Contractor to comply with laws and regulation
applicable to the performance or furnishing of the Work. Visits and
observations made by the Project Manager shall not relieve the CONTRACTOR of
his obligation to conduct comprehensive inspections of the Work, to furnish
'
materials and
perform acceptable
Work, and to
provide adequate
safety
precautions in
conformance with the
Contract Documents. The Project
Manager
shall at all times
have access to
the Work. The
CONTRACTOR shall
provide
'
facilities for
functions under
such access so the
the Contract Documents.
Project Manager
may perform his
or her
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation of the Work,
to determine whether or not the Work is proceeding according to the
construction documents. CONTRACTOR will receive written notification from
the OWNER of any RCI assignments. The RCI shall not supervise, direct or
' have control or authority over, nor be responsible for, CONTRACTOR's means,
methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the furnishing or
performance of the Work. The RCI will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with the Contract
Documents. The RCI's dealings in matters pertaining to the on -site work will
' be to keep the Project Manager properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of
1 the Project Manager shall be in writing. The CONTRACTOR may not rely on
instructions, approvals, or decisions of. the Project Manager until the same
are reduced to writing.
SC-13.12 Correction'Period:
13.12.1 If within one year after the date of Substantial Completion or
' such longer period of time as may be prescribed by Laws or Regulations or by
the terms of any applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract Documents, an Work is
' found to be defective, CONTRACTOR shall promptly, without cost to OWNER and
in accordance with OWNER's written instructions .
' Add to the Contract the following Federal Requirements:
"American Recovery and -Reinvestment Act of 2009"
' Procurement Provisions:
This contract is funded by the ''American Recovery and Reinvestment Act of
2009" (ARRA). In compliance with the ARRA contractors and subcontractor
' must adhere to the following provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
' SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(a) None of the funds appropriated or otherwise made available by this Act
' may be used for a project for the construction, alteration,
Section 00800 Page 3
maintenance, or repair of a public building or public work unless all
' of The iron, steel, and manufactured goods used in the project are
produced in the United States.
(b) Subsection (a) shall not apply in any case or category of cases in
which the head of the Federal department or agency involved finds that—
(1) Applying subsection (a) would be inconsistent with the
public interest;
(2) Iron, steel, and the relevant manufactured goods are not
' produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) Inclusion of iron, steel, and manufactured goods produced
in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is
necessary to waive the application of subsection (a) based on a finding
' under subsection (b), the head of the department or agency shall
publish in the Federal Register a detailed written justification as to
why the provision is being waived.
(d) This section shall be applied in a manner consistent with United States
' obligations under international agreements.
WAGE RATE REQUIREMENTS
' SEC. 1606 Notwithstanding any other provision of law and in a manner
consistent with other provisions in this Act, all laborers and mechanics
employed by contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the Federal 'Government pursuant
' to this Act shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of title
' 10, United States Code. With respect to the labor standards specified in this
section, the Secretary of Labor shall have the authority
and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.). and section 3145 of title 40, United States Code.
' ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING. (a)
' SHORT TITLE. —This section may be cited as the ``Employ American Workers
Act''
(b) PROHIBITION.—
(1) IN GENERAL.
' —Notwithstanding any other provision of law, it shall be unlawful
for any recipient of funding under title I of the Emergency
Economic Stabilization Act of 2008 (Public Law 110-343) or
section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to
' hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with
' the requirements for an H-IB dependent employer (as defined in
section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that
the second sentence of section 212(n)(1)(E)(ii) of such Act shall
not apply.
(2) DEFINED TERM.
—In this subsection, the term ''hire" means to permit a new
employee to commence a period of employment.
1
GENERAL DECISION: CO20100008 06/04/2010 C08
Date: June 4, 2010
General Decision Number: CO21100001 06/11/2110
Superseded General Decision Number: CO20080008
State: Colorado
'
Construction Type: Building
County: Larimer County in Colorado.
BUILDING CONSTRUCTION PROJECTS (does not include
residential
construction consisting of single family homes and apartments
up to and including 4 stories)
'
Modification Number Publication Date
0 03/12/2010
1 06/04/2010
ASBE0028-001 07/01/2009
Rates
Fringes
Asbestos Workers/Insulator
(Includes application of
'
all insulating materials,
protective coverings,
coatings and finishings to
all types of mechanical
'
systems) .$ 23.54
----------------------------------------------------------------
11.13
CARP1001-001 05/01/2009
'
Rates
Fringes
CARPENTER
(Including Formbuilding
'
- and -Metal -Stud -Work) �����...$ 26.60
----
8.89
CARP2834-001 05/01/2009
Rates
Fringes
'
MILLWRIGHT .......................$ 27.60
----------------------------------------------------------------
10.65
* ELECO068-009 06/01/2010
'
Rates
ELECTRICIAN
Fringes
(Including Low Voltage
Wiring and Installation of
Communications Systems,
'
Security Systems,
Telephones, and
Temperature Controls) ....... $ 32.00
11.83
----------------------------------------------------------------
ELEV0025-002 Ol/Ol/2010 ,
Rates
Fringes
'
Elevator Constructor .............$ 36.94
20.24
Section 00800 Page 4
FOOTNOTE:
a. Employer contributes 8% of basic hourly rate for over 5 years' service and
6% basic hourly rate for 6 months' to 5 years' service as Vacation Pay
Credit.
PAID HOLIDAYS: New Year's Day;
Memorial Day; Independence
'
Day; Labor Day; Veterans Day; Thanksgiving
Day; Friday
after Thanksgiving Day; and Christmas
Day.
'
----------------------------------------------------------------
IRON0024-001 -11/01/2009
Rates
Fringes
IRONWORKER, STRUCTURAL ........... $
24.80
9.91
PAIN0930-001 07/01/2009
Rates
Fringes
GLAZIER--- $
----------------------------------------------------------------
PLAS0577-001 05/01/2007
27.95
7.10
Rates
Fringes
'
Cement Mason/Concrete Finisher
-
23.80
_ 25
PLUM0003-001 08/01/2009
------------8
-------
'
PLUMBER
Rates
Fringes
(Excluding HVAC work) ....... $
----------------------------------------------------------------
33.37
10.45
'
PLUM0208-001 07/08/2009
Rates
Fringes
PIPEFITTER
(Including HVAC pipe) ....... $
33.30
10.52
----------------------------------------------------------------
SHEE0009-001 07/O1/2009
Rates
Fringes
'
Sheet metal worker
(Includes HVAC duct and
installation of HVAC
systems) ....................$
30.55
11.67
SUCO2001-015 12/20/2001
Rates
Fringes
LABORER
Common ......................$
----------------------------------------------------------------
9.56
2.36
WELDERS - Receive rate prescribed for craft performingoperation to which
welding is incidental.
' Unlisted classifications needed for work not included within the scope of the
classifications listed.may be added after award only as provided in the labor
standards contract clauses (29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
' Section 00800 Page 5
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7158 Photovoltaic System at Northside Aztlan
Community Center
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 2 p
respectively.
City of Fort Collins
OWNER
By:
Title.
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20_
CONTRACTOR
By:
Title:
Section 00530 Page 1
' In the listing above, the "SU" designation means that rates listed under the
identifier do not reflect collectively bargained wage and fringe benefit
rates. Other designations indicate unions whose rates have been determined
to be prevailing.
-------------------------------------------------------
' WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
' * an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
' a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries
of surveys, should be with the Wage and Hour Regional Office for the area in
which the survey was conducted because those Regional Offices have
responsibility for the Davis -Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described in 2.)
' and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described
here, initial contact should be with the Branch of Construction Wage
Determinations. Write to:
Branch of Construction Wage Determinations
' Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
' Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party
(those affected by the action) can request review and reconsideration from
' the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
' The request should be accompanied by a full statement of the interested
party's position and by any information (wage payment data, project
description, area practice material, etc.) that the requestor considers
' relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested
' party may appeal directly to the Administrative Review Board (formerly the
Wage Appeals Board). Write to:
Section 00800 Page 6
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Section 00800 page 7
1
'
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT PROGRAM - FORMULA GRANTS
'
TABLE OF CONTENTS
1
1.
FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
9
'
2.
LOBBYING RESTRICTIONS
9
'
3.
NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
9
'
4.
INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
9
5,
DECONTAMINATION AND/OR DECOMMISSIONING (DAD) COSTS
10
'
6.
SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
10
7.
_
REQUIRED USE OF AMERICAN IRON STEEL AND MANUFACTURED GOOD S
-- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT
'
OF 2009 (MAY 2009)
14
B.
WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT (MAY 2009)
17
9.
DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS
'
ACT (NOV 2009)
18
Section 00800 Page 8
1. FEDERAL, STATE, AMID MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal,
state, and municipal laws, codes, and regulations for work performed under
this award.
' 2. LOBBYING RESTRICTIONS
' By accepting funds under this 'award, you agree .that none of the funds
obligated on the award shall be expended, directly or indirectly, to
influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of Congress
' as described in 18 U.S.C. 1913. This restriction is in addition to those
prescribed elsewhere in statute and regulation.
3. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS --
SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available under this
award should be American -made.
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
' a. You shall immediately notify the DOE of the occurrence of any of the
following events: (i) you or your parent's filing of a voluntary case
seeking liquidation or reorganization under the Bankruptcy Act; (ii)
your consent to the institution of an involuntary case under the
Bankruptcy Act against you or your parent; .(iii) the filing of any
similar proceeding for or against you or your parent, or its consent
' to, the dissolution, winding -up or readjustment of your debts,
appointment of a receiver, conservator, trustee, or other officer with
similar powers over you, under any other applicable state or federal
' law; or (iv) your insolvency due to your inability to pay your debts
generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set
' out the details of the occurrence of an event referenced in paragraph
a; (ii) provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being funded by this award.
' c. Upon the occurrence of any of the four events described in the first
paragraph, DOE reserves the right to conduct a review of your award to
determine your compliance with the required elements of the award
' (including such items as cost share, progress towards' technical project
objectives, and submission of required reports). If the DOE review
determines that there are significant deficiencies or concerns with
your performance under the award, DOE reserves the right to impose
' additional requirements, as needed, including (i) change your payment
method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be
considered a material noncompliance of this financial assistance award
by the Contracting Officer.
1 Section 00800 Page 9
r
' 5. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government
shall not be responsible for or have any obligation to the recipient for
(i) Decontamination and/or Decommissioning (D&D) of any of the recipient's
facilities, or (ii) any costs which may be incurred by the recipient in
connection with the D&D of any of 'its facilities due to the performance of
the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of this Agreement.
' 6. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009)
'
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5,
(Recovery Act) was enacted to preserve and create jobs and promote
'
economic recovery, assist those most impacted by the recession, provide
investments needed to increase economic efficiency by spurring
technological advances in science and health, invest in transportation,
environmental protection, and other infrastructure that will provide long-
'
term economic benefits, stabilize State and local government budgets, in
order to minimize and avoid reductions in essential services and
counterproductive State and local tax increases. Recipients shall use
'
grant funds in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery
'
Act relating generally to governance, accountability, transparency, data
collection and resources as specified in Act itself and as discussed
below.
Recipients should begin planning activities for their first tier
'
subrecipients, including obtaining a DUNS number (or updating the existing
DUNS record), and registering with the Central Contractor Registration
(CCR) .
'
Be advised that Recovery Act funds can be used in conjunction with other
funding as necessary to complete projects, but tracking and reporting must
be separate to meet the reporting requirements of the Recovery Act and
'
related -guidance. For projects funded by sources other than the Recovery
Act, Contractors must keep separate records for Recovery Act funds and to
ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of
the Recovery Act, particularly concerning specific procedural requirements
for the new reporting requirements. The Recipient will be provided these
details as they become available. The Recipient must comply with all
requirements of the Act. If the recipient believes there is any
inconsistency between ARRA requirements and current award terms and
'
conditions,' the issues will be referred to the Contracting Officer for
reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or
obligated from appropriations under the American Recovery and Reinvestment
' Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting
Section 00800 Page 10
codes and will be identified as Recovery Act funds in the grant,
cooperative agreement or TIA and/or modification using Recovery Act funds.
Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds -
the contractor, subcontractor, grantee, or recipient,.as the case may be,
if the contractor, subcontractor, grantee, or recipient is an employer;
and any professional membership organization, certification of other
'
professional body, any agent or licensee of the Federal government, or any
person acting directly or indirectly in the interest of an employer
receiving covered funds; or with respect to covered funds received by a
'
State or local government, the State or local government receiving the
funds and any contractor or subcontractor receiving the funds and any
contractor or subcontractor of the State or local government; and does not
'
mean any department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from
the Federal government (including Recovery Act funds received through
'
grant, loan, or contract) other than an individual and includes a State
that receives Recovery Act Funds.
' Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any
subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to
funding under the Recovery Act.. Financial and accounting systems should be
' revised as necessary to segregate, track and maintain these funds apart
and separate from other revenue streams. No part of the funds from the
Recovery Act shall be commingled with any other funds or used for a
purpose other than that of making payments for costs allowable for
Recovery Act projects.
Prohibition on Use of Funds
' None of the funds provided under this agreement derived from the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any
State or local government, or any private entity, for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
C. Access to Records
' With respect to each financial assistance agreement awarded utilizing at
least some of the funds appropriated or otherwise made available by the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any
' representative of an appropriate inspector general appointed under section
3.or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized -
' (1)to examine any records of the contractor or grantee, any of its
subcontractors or subgrantees, or any State or local agency
administering such contract that pertain to, and involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
ISection 00800 Page 11
(2)to interview any officer or employee of the contractor, grantee,
subgrantee, or agency regarding such transactions.
' D. Publication
An application may contain technical data and other data, including trade
secrets and/or privileged or confidential information, which the applicant
does not want disclosed to the public or used by the Government for any
purpose other than the application. To protect such data, the applicant
should specifically identify each page including each line or paragraph
thereof containing the data to be protected and mark the cover sheet of
the application with the following Notice as well as referring to the
' Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted
in confidence and contain trade secrets or proprietary information, and
such data shall be used or disclosed only for evaluation purposes,
1 provided that if this applicant receives an award as a result of or in
connection with the submission of this application, DOE shall have the
right to use or disclose the data here to the extent provided in the
award. This restriction does not limit the Government's right to use or
disclose data obtained without restriction from any source, including the
applicant.
' Information about this agreement will be published on the Internet and
linked to the website www.recovery.gov , maintained by the Accountability
and Transparency Board. The Board may exclude posting contractual or other
information on the website on a case -by -case basis when necessary to
protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They
include, but are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer
receiving covered funds under the American Recovery and Reinvestment Act
of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing, including a disclosure
made in the ordinary course of an employee's duties, to the Accountability
and Transparency Board, an inspector general, the Comptroller General, a
t member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other
person working for the employer who has the authority to investigate,
discover or terminate misconduct, a court or grant jury, the head of a
Federal agency, or their representatives information that the employee
believes is evidence of:
• gross management of an agency contract or grant relating to covered
' funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to
the implementation or use of covered funds;
' Section 00800 Page 12
' • an abuse of authority related to the implementation or use of covered
funds; or
1 • as violation of law, rule, or regulation related to an agency contract
(including the competition for or negotiation of a contract) or grant,
awarded or issued relating to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general
report of an alleged reprisal, the head of the agency shall determine
whether there is sufficient basis to conclude that the non -Federal
' employer has subjected the employee to a prohibited reprisal. The agency
shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
' • Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the
person held before the reprisal, together with compensation including
back pay, compensatory damages, employment benefits, and other terms
and conditions of employment that would apply to the person in that
position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate
' amount of all costs and expenses (including attorneys' fees and expert
witnesses' fees) that were reasonably incurred by the employee for or
in connection with, bringing the complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or
Requiring Arbitration: Except as provided in a collective bargaining
agreement, the rights and remedies provided to aggrieved employees by this
section may not be waived by any agreement, policy, form, or condition of
employment, including any predispute arbitration agreement. No predispute
arbitration agreement shall be valid or enforceable if it requires
1 arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving
covered funds under the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5, shall post notice of the rights and remedies as required
therein. (Refer to section 1553 of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5, www. Recovery. gov, for specific requirements of
this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other
' appropriate Inspector General any credible evidence that a principal,
employee, agent, contractor, sub -grantee, subcontractor or other person
has submitted a false claim under the False Claims Act or has committed a
' criminal or civil violation of laws pertaining to fraud, conflict or
interest, bribery, gratuity or similar misconduct involving those funds.
II Section 00800 Page 13
H. Information in supporting of Recovery Act Report in
1 Recipient may be required to submit backup documentation for expenditures
of funds under the Recovery Act including such items as timecards and
invoices. Recipient shall provide copies of backup documentation at the
request of the Contracting Officer or designee.
' I. Availability of Funds
' Funds appropriated under the Recovery Act and obligated to this award are
available for reimbursement of costs until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
' Applicable if award is to aState Government or an Agency
Certification by Governor - Not later than April 3, 2009, for funds
provided to any State or agency thereof by the American Reinvestment and
Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall
certify that: 1) the state will request and use funds provided by the Act;
and 2) the funds will be used to create jobs and promote economic growth.
I Acceptance by State Legislature -- If funds provided to any State in any
division of the Act are not accepted for use by the Governor, then
acceptance by the State legislature, by means of the adoption of a
' concurrent resolution, shall be sufficient to provide funding to such
State.
Distribution - After adoption of a State legislature's concurrent
' resolution, funding to the State will be for distribution to local
governments, councils of government, public entities, and public -private
entities within the State either by formula or at the State's discretion.
' K. Certifications
With respect to funds made available to State or local governments for
' infrastructure investments under the American Recovery and Reinvestment
Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive,
as appropriate, certified by acceptance of this award that the
' infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that
the infrastructure investment is an appropriate use of taxpayer dollars.
Recipient shall provide an additional certification that includes a
' description of the investment, the estimated total cost, and the amount of
covered funds to be used for posting on the Internet. A State or local
agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
' 7. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
' THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION,
ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK AND
THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM
' ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS.
Section 00800 Page 14
a. Definitions. As used in this award term and condition--
, (1)Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has
different properties than the properties of the individual raw
materials.
'
(2)Public building and public work means a public building of, and a
public work of, a governmental entity (the United States; the
District of Columbia; commonwealths, territories, and minor outlying
islands of the United States; State and local governments; and
multi -State, regional, or interstate entities which have
governmental functions). These buildings and works may include,
'
without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping
stations, heavy generators, railways, airports, terminals, docks,
piers, wharves, ways., lighthouses, buoys, jetties, breakwaters,
levees, and canals, and the construction, alteration, maintenance,
or repair of such buildings and works.
(3)Steel means an alloy thaf includes at least 50 percent iron, between
.02 and 2 percent carbon, and may include other elements.
b. Domestic preference.
'
(1)This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub.
L. 111--5), by requiring that all iron, steel, and manufactured
goods used in the project are produced in the United States except
as provided in paragraph (b)(3) and (b)(4) of this section and
condition.
(2)This requirement does not apply to the material listed by the
Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate
"none"]
(3)The award official may add other iron, steel, and/or manufactured
goods to the list in paragraph (b)(2) of this section and condition
if the Federal Government determines that--
'
(i)The cost of the domestic iron, steel, and/or manufactured goods
would be unreasonable.. The cost of domestic iron, steel, or
'
manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the
overall project by more than 25 percent;
(ii)The iron, steel, and/or manufactured good is not produced, or
manufactured in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(iii)The application of the, restriction of section 1605 of the
Recovery Act would be inconsistent with the public interest.
Section 00800 Page 15