HomeMy WebLinkAbout454406 BIOHABITATS INC - CONTRACT - AGREEMENT MISC - BIOHABITATS INCPlacHt4-5 I /� 60 fy
EXHDIIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
and
Biohabitats
DATED: May 2, 2011
Work Order Number: NA-181
Project Title: McMurry Natural Area Wetland and Forest restoration
'Commencement Date:
Completion Date:
Maximum Fee:
Project Description:
Scope of Services:
May 2, 2011
June 30, 201 I
not to exceed $290,000
See attached description
See attached Scope of Services.
Service Provider agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions contained
herein and in the Services Agreement between the
parties. In the event of a conflict between or
ambiguity in the terms of the Services Agreement
and this work order (including the attached forms),
the Services Agreement shall control.
Service Provider
By:-/
Date:
The attached forms consisting of zero (0) pages are
hereby accepted and incorporated herein by this
reference, and Notice to Proceed is hereby given.
City or Collins
By: VOR
Date:. J _ 2.- it
APPROVAL:
D' cctor f Purchasing _�
As part of the earthwork, City staff will finalize the locations of trails around the west pond and
two designated fishing points. Biohabitats will then create the rough grade for the trail and the
Fishing access areas. The trail will be graded to tie in with and mimic the existing informal trail.
City Public Improvement staff will be responsible for completing the trail and fishing points
(i.e., to meet their standards for compaction, cover, edge, etc).
Topsoil and Site Cleanup. No site topsoil will be stockpiled due to the City's concerns about
the existing weed seed bank. Larimer County's soil survey map and NRCS rangeland specialist,
Harvey Sprock, were consulted to assist with replacement topsoil recommendations and seeding
plans. Following rough grading, 3 inches of native top soil will be imported and spread on the
3.1 acres of cottonwood and grass areas. The primary purpose of the imported material is to
provide a soil matrix similar to native material but suitable for seeding. Native hay mulch
provided by the City will be applied as a thin cover (see seeding discussion below). No
amendments or organic fertilizer will be added in the spring, because it can promote weed
growth and is not necessary given that the proposed cover crop and plantings are adapted to the
alluvial soil conditions. Prior to the fall seeding, a thin layer of compost material will be applied
by the contractor and disked in by the City (described further below).
We will work on maintaining a clean site through out the project and will be sure to remove any
last remaining trash and debris upon completion of the earthwork phase. Construction fencing
will be left in place for the City to relocate/remove at a future date of their choosing.
2.3 Revegetation
Two seedings will be conducted onsite by City staff. Following earthwork, 3.1 acres (of
cottonwood and grassland areas) will be seeded along with any impacted staging areas and
access routes. Because of the project timing, Biohabitats will purchase a cover crop of sorghum
seeds for the City to drill seed using their own equipment. Although sorghum creates a living
mulch, hydromulch will be applied to assist with erosion control and weed suppression (and the
City's desired appearances). Native hay will be provided by the City, and will be applied by
hand after the hydromulch application to areas that need additional mulching, i.e., anticipated to
be in the willow zone between willow and grass plantings. To be effective, the City agrees to
mow the sorghum a minimum of 2 times -- midsummer and prior to the fall seeding of native
grass and forb species (described in Section 3 below).
Seeding will be followed by planting of wetland species, trees and shrubs, and grass plugs as
listed on the planting schedule. Laura Backus and Mike Lighthiser will be the lead supervisors
during these activities to work with crews on zone locations, material placement, and resolve any
issues that arise. We anticipate that nursery stock will be delivered directly to the site for
immediate installation. Temporary storage of plant material during the installation phase will
most likely occur on site, but will be at the discretion of the planting subcontractor. Any plant
material stored on site, will contained within locked chain link fencing. In addition to purchased
plants, approximately 50 onsite cottonwood trees will be transplanted using a tree spade. During
installation, the planting subcontractor will irrigate plants using water pumped from the pond: or,
if the City determines the pond water is unavailable for use, watering will be done using a pickup
truck equipped with a tank driven along the trail (to avoid driving over seeded areas).
Vegetation protection from beaver and goose predation will be provided as listed below.
• Beaver protection caging wilt consist of 3-foot high, 14 gauge welded wire fencing
for each individual cottonwood tree. Each cage will consist of 10 feet of fencing, one
5-foot T post, and three l0 inch metal staples.
Goose fencing for the areas of wet meadow, emergent wetland, and grass patches
within the willow zone will be based on the City's wildlife fencing detail and consist
of 2 strands of 14 gauge wire strung from 6' t-posts (or rebar as available from the
City) placed 15' apart around the perimeter of protected areas. Throughout the
interior of the protected areas, the fencing will be placed in parallel lines spaced
approximately 15' apart. Two 1.5 foot lengths of orange survey tape will be strung
between each t-post. As needed, the City will install additional top wire with survey
tape to be strung at 50 to 100 foot intervals on a cross -grid through out the protected
area.
No fencing around shrubs is planned based on the City's reports that deer browsing is not a
problem in the area.
3.0 Post Construction Activities
At the completion of the project, Biohabitats will provide the City with a set of as -built
construction drawings based on the original design drawings. The as-builts will be prepared
based on spot field survey measurements taken at the end of planting by Biohabitats (note no full
topographic survey is planned) and GPS readings of planting zones and key features. The
planting zone data will be put into GIS and the shapefile will be provided to the City along with
the final as -built plan.
A second seeding will occur in late fall 2011 (i.e., November) to seed with the full native seed
mix desired for the site. City Natural Area staff. will be responsible for purchasing the seed and
completing the seeding activities taking care to protect the new plant material and restoration
project.
FEE
The Lump Sum fee to complete the project described in this scope of work is $281,750.00 and includes
all labor, direct costs, reimbursables, and equipment required to successfully complete the project as
outlined above. This fee corresponds to the on -call contract breakdown items as shown in the
attached tables by planting zone and the assumptions and limitations presented herein. Should
the City desire establishing an irrigation system, the estimated additional budget to purchase
materials (including flexible tubing, pump, and power supply) and set up the system using an on -
site tank would be roughly $6,500.00 as well with an additional service fee of $650.00 per
watering week (to refill the tank and monitor flow) at a frequency to be determined by the City
and weather.
In keeping with our current contract arrangements, invoices will be prepared and submitted
monthly, based on the percent of work completed and in accordance with the Terns of our
current on -call contract. Should out of scope items arise, additional tasks can be added, or we can
bill for the work, with City approval, on a time and materials basis, based on our contract rates.
SCHEDULE
Biohabitats is available to begin work on the project immediately upon receiving Notice to
Proceed. Delays such as weather beyond Biohabitats' control may result in scheduling delays.
TASK:
Construction — Grading
Planting
Total estimated construction phase
Post Construction Phase (November seeding)
ASSUMPTIONS and LIMITATIONS
DAYS TO COMPLETION (from NTP):
14-21
7-14
21-28
approx.184
Our fee associated with this proposal is based on discussions with City of Ft. Collins personnel.
If any of these assumptions are inconsistent with the City's understanding of the project
requirements or needs, we would be pleased to discuss them and revise our level of effort and
associated fee accordingly.
1. The City will be responsible for notifying adjoining land owners and providing
signage and notification to the public of the restoration activities, goals, expectations and
contact information for questions.
2. The following work items are not anticipated and are therefore not included in the
fee estimate and proposed schedule:
• Property boundary surveys
• Geotechnical testing
• Site topographic survey
• Archeological, rare species, or cultural surveys
• Utility relocation
• An assessment of water rights
• Assessment of other legal property right issues associated with the project.
3. This scope of work and fee estimate is based on the assumption that the projects are
design/build and that the construction will not go out to bid.
4. Biohabitats will ensure all planted material receives thorough watering at the time of
installation; subsequent irrigation will be the responsibility of the City.
5. The price does not include a warranty for the plant material. Biohabitats will inspect
all plant material for viability when it is delivered to the site and will inspect the
planting operations of the planting subcontractors to ensure proper installation.
6. This scope of work does not include permit application fees, and financial obligations
related to local, state, and federal permits or the expenses for follow-up meetings if
needed for City review of floodplain issues.
7. This scope of work assumes that any debris or excavated material is nonhazardous
and does not include testing.
8. The design is based on an expected L 1 ratio of cut and fill areas, and therefore we
will balance the earthwork material across the site by retaining removed materials on
site and as close to the point of removal as possible. If our finished grades consists
of extensive river run or cobble, then additional soil may need to be purchased to
facilitate planting.
9. No dewatering is anticipated during construction; rather earthwork will be conducted
from bank edge working in the wet from exterior to interior areas.
10. With the exception of addressing minor omissions or comments, revisions to
drawings or other documents shall be considered extra services and may require
adjustments to the fee and schedule.
11. No Weed Control Plan is required for the project. Construction activities will be
managed to minimize the spread of invasive species into or across the site, (e.g.,
requirements to reduce traffic in weedy areas and to wash down and physically
inspect heavy equipment for weed material prior to site entry).
12. This proposal is valid for 90 days, after which it may be renegotiated.
13. We are anticipating a start date no sooner than April 27 with completion of rough
grading by May 22 prior to anticipated high river and groundwater levels and within
the optimum planting period for the container plants. Should the authorizations
and/or weather delay the start time, the City may agree to proceed with the
understanding that high water levels may negatively impact the project.
We hope this proposal satisfies your current needs. Please feel free to contact me if you have
questions or require any additional information.
We are very excited about the opportunity to assist you with this restoration project and are
committed to making the project a success. If you have any questions regarding our proposal,
please contact me by phone (303 477-0660) or by email at cbrowneObiohabitats.com. Thank you
for your time and consideration.
Sincerely,
BIOHABITATS, INC.
6 __;;R�.`-
Claudia Browne
Southern Rocky Mountain Bioregion Leader
Attachments:
Detailed Expense Tables
Final Design Packet
Biohabitats, Inc.
McMurry Phase 1 -- Design/Build Restoration
April 25,2011
Cost Overview by Item
RESTORATION ITEM
Plant Summary
Total
GRADING & SURVEY
35,000 cyds @2.6 cyd .
topsoil spreading
$ 106,878.75
PLANTS & PLANTING
COTTONWOOD/SHRUB WOODLAND CLUSTERS, GALLERY, AND DISPERSED
4 g trees, i -ga
trees, 50 CW
transplants, 252
shrubs, 360 grasses
$ 25,856.11
SHRUB PODS
168 shrubs, 357 grasses
$ 4,628.19
WILLOW SHRUBLAND
100 shrubs, 4600
tublings,1500 grasses
$ 12,836.39
WET MEADOW
5455 rushes/sedges
$ 6,793.56
EMERGENT
11650 bulrush
$ 11,768.76
Plant Deliveries/taxi
1
$ 845.53
Caging and Fencing Installedl
$ 8,184.70
Topsoil/Mulch/Hydromulch
$ 32,350.00
Ilaneous Items (field supplies, water tubes, soil samples)
$ 2,163.00
ASSOCIATED COSTS
Design/Build Final Plans/Mtg/ROW/SW applications
522,290.00
Construction Oversight
$37,200.00
Post Construction-- As Builts and Fall seeding coord.
$3,855.00
Payment and Performance Bond I 1
6,100.00
TOTAL $ 281,750.00
PLANT COMPOSITION SCHEDULE Size (acres): 13.04
ZONE 1a -COTTONWOOD/SHRUB WOODLAND CLUSTERS,
GALLERY, AND DISPERSED
Unit Cost -
Vegetation Strata/ Common Name Planted Species Subtotal Size
Species Name Quantity
(ea) I F
TREES - CLUSTERS AND GALLERY
Populus angustifolia
Populus x. acuminata
Populus deltoides
Populus x. acuminata
Narrowleaf cottonwood
Lanceleaf cottonwood
Plains cottonwood
Lanceleaf cottonwood
$ 26.40
54
54
30
18
$1,426.43
$1,426.43
$8,619.72
$5,136.10
#5
#5
2-3"
2-3"
$ 26.40
$ 286.00
$ 286.00
Subtotal
-
`156
M$16T608?68
-
TREES -DISPERSED
Populus angustifolia
Populus x. acuminata
Populus deltoides
Narrowleaf cottonwood
Lanceleaf cottonwood
Plains cottonwood
$ 26.40
$ 26.40
$ 16.72
6
6
50
$158.40
$158.40
$836.00
#5
#5
Transplant
Subtotal
62
IK$16152180
SHRUBS - CLUSTERS AND GALLERY
Prunus americana
American plum
$ 23.28
80
$1,863.87
#5
Ribes aurem
Golden currant
$ 22.55
80
$1,805.73
#5
Rosa woodsi
Wood's rose
$ 22.55
30
$667.34
#5
Prunus virginiana
Chokecherry
$ 26.35
10
$263.45
#5
Symphoricarpos occidentalis
West. Snowberry clum
$ 22.55
52
$1,177.65
#5
Subtotal
252
$5;7r78!04
t fil_
GRASS CLUMPS IN CLUSTERS AND GALLERY
Pascopyrum smithii
Western wheatgrass
$ 6.44
240
$1,544.40
10 c.i. or 2.5"
Sorghastrum nutans
Indiangrass
$ 6.44
30
$193.05
10 c.i. or 2.5"
Panicum virgatum
Switchgrass
$ 6.44
30
$193.05
10 c.i. or 2.5"
Schizachyrium scoparium
Little bluestem
$ 6.44
30
$193.05
10 6. or 2.5"
Andropogon gerardii
Big bluestem
$ 6.44
30
$193.05
10 c.i. or 2.5"
Subtotal
, -
36QM
„'° $2t316':60=
t==
TOTAL CLUSTER PLANTINGS $25,856.11
PLANT COMPOSITION SCHEDULE Size (acres): 0.06
ZONE 1 b -COTTONWOOD/SHRUB WOODLAND SHRUB PODS
Unit Cost
Vegetation Strata/ Common Name Planted Species Subtotal Size
Species Name Quantity
(ea)
SHRUBS - SEPARATE PODS
Chrysothamnus nauseosus
Rubber rabbitbrush
$ 23.10
10
$ 226.31
#5
Prunus americana
American plum
$ 23.28
40
$ 940.63
#5
Rhus trilobata
Skunkbrush
$ 22.55
8
$ 176.73
#5
Ribes aurem
Golden currant
$ 22.55
10
$ 220.92
#5
Rosa woodsi
Wood's rose
$ 22.55
16
$ 358.99
#5
Shepherdia argentea uncommor
Silver buffaloberry
$ 22.55
8
$ 179.50
#5
Prunus virginiana
Chokecherry
$ 26.35
8
$ 209.70
#5
Symphoricarpos occidentatis
West. Snowberry clump
$ 22.55
68
$ 1,540.90
#5
Subtotal
168
$�653r68
GRASS CLUMPS IN SHRUB PODS
Pascopyrum smithii
Western wheatgrass
$ 6.44
80
$ 517.38
10 c.i. or 2.5"
Sorghastrum nutans
Indiangrass
$ 6.44
10
$ 64.28
10 c.i. or 2.5"
Panicum virgatum
Switchgrass
$ 6.44
10
$ 64.28
10 c.i. or 2.5"
Schizochyrium scoporium
Little bluestem
$ 6.44
10
$ 64.28
10 c.i. or 2.5"
Andropogon gerardii
Big bluestem
$ 6.44
10
$ 64.28
10 c.i. or 2.5"
Subtotal
120
$ 7�74F52
TOTAL CW/Shrub Pods $ 4,628.19
PLANT COMPOSITION SCHEDULE-- McMurry Phase 1 Size (acres):
ZONE 2 - WILLOW SHRUBLAND 1.2
Vegetation Strata/
Common Name
Unit Cost --
Species
Subtotal
Size
Species Name
planted (ea)
Quantity
SHRUBS
Anus incana subsp. tennuifolia
Thinleaf alder
$ 7.51
55
$ 413.04
#1
Corpus
Red osier dogwood
$ 17.05
25
$ 424.64
#5
Salix amygda/oides
Peachleaf willow
$ 17.03
20
$ 336.08
#5
Salix exigua
Sandbar willow
$ 1.72
4600
$ 7,889.13
tubeling
Subtotal
47Q0 W$J
9T062?BS
GRASS CLUMPS
Beckmannia syzigachne
Sloughgrass
$
1.38
200
$ 275.34
10 c.i. or 2.5'
Sorghastrum nutans
Indiangrass
$
1.30
400
$ 518.88
10 6. or 2.5'
Spartina pectinata
Prairie cordgrass
$
1.30
400
$ 518.88
10 c.i. or 2.5'
Panicum virgatum
Switchgrass
$
1.30
500
$ 649.32
10 c.i. or 2.5'
Subtotal
1500J$j1�962C42
Planting supervision/delivery
TOTAL Willow shrubland
$12,836.39
PLANT COMPOSITION SCHEDULE Size (acres):
ZONE 3 - WET MEADOW 0.51
Unit Cost
Vegetation Strata/
Common Name
$Planted
jj
Species
Subtotal
Size
Species Name
Quantity
(ea)
SHRUBS
Carex lanuginosa
Wooly sedge
0.86
200
$ 171.47
10 c.i. or 2.5"
Carex nebrascensis
Nebraska sedge
0.79
2975
$ 2,356.04
10 c.i. or 2.5'
Carex praegracilis
Clustered field sedge
1.30
450
$ 583.82
10 c.i. or 2.5'
Eleocharis palustris
Creeping spikerush
0.86
800
$ 686.33
10 c.i. or 2.5'
Carex emoryi
Emery's sedge
1.30
50
$ 65.03
10 c.i. or 2.5'
Juncus arcticus
Arctic rush
0.79
400
$ 316.99
10 c.i. or 2.5'
Juncus torreyi
Torrey rush
1.30
230
$ 298.98
10 c.i. or 2.5'
Scirpus americanus/pungen
Threesquare bulrush
1.30
300
$ 389.45
10 c.i. or 2.5"
Verbena hastata
Blue vervain
2.84
40
$ 114.36
10 c.i. or 2.5"
Sutito`tal�
5,445�$j4T982r47
Pl.�anting supervision/ii'elive_ry etc
$�1T81i1?09�
TOTAL Wet Meadow _ $.6,793.56
PLANT COMPOSITION SCHEDULE Size (acres):
ZONE 4 -- EMERGENT 0.51
Vegetation Strata/
Unit Cost
Species
Species Name
Common Name
Planted
Subtotal
Quantity
Size
(ea)
SHRUBS and VINES
Scirpus acutus
Scirpus maritimus
Scirpus microcarpus
Hard -stem bulrush
Alkali bulrush
Panicled bulrush
$ 0.85
$ 1.30
$ 1.30
11,450 $ 9,698.34
100 $ 129.44
100 $ 129.90
1 10 c.i. or 2.5'
10 c.i. or 2.25"
1 10 c.i. or 2.25"
Subtotal
11,650 $ZT,9 .67�
Planting supervision/truck etc
$�1T8'1;1T08�
TOTAL EMERGENT
$ 11,768.76
SECTION 00610
PERFORMANCE BOND
Bond No. 394164
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Biohabitats.Inc.
(Address) 2081 Clipper Park Road Baltimore MD 21211
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm) RLI Insurance Companv
(Address) 9025 N. Lindbergh Drive, Peoria. IL 61615
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 TWO HUNDRED NINETY THOUSAND AND 00/100THS
DOLLARS($290,000.00) 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 28h day of April. 2011, a copy of which is hereto
attached and made a part hereof forthe performance of The City of Fort Collins project, Work Order
Number:NA-181 McMurry Natural Area Wetland and Forest Restoration.
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.
PROVIDED, FURTHER, that the said Surety, forvalue 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.
Y T McMurry Natural Area
Ecological Restoration
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MCMURRV NATURAL AREA
PHASE I CROSS SECTION
DISTANCE FROM POUDRE RIVER (FEET) DISTANCE FROM PCH DRE RIVER (FEET)
100 300 300 400 500 1000 1100 1200
I I I I I I I I:I
TMNS TIONTO
UPLAND ♦� l3
EXISTING UPLAND
GRASSLAND �I `� �+ I 'I J .��.[ � V
4.0 — +I �\N - � i' 1 _ _ _} _ _ _ _ _ _ _ _ — — — _ I MNSTIONTO
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_ , _
-4.0 — — — — — _ — _ _ PROPOSED GRADE _ _ Ir
-6.0 — — — — — -. — — _ _ _ _ _ `. `-�
EXISINGIGAADE —/
— EMERGENT WETLAND —
(-1.5 TO 9')
WETMEADOW
(0'TO+1')
— WILLOW SHRUBLAND —
(+1'T0+3')
COTTONWOOD/SHRUB WOODLAND
(+D'TO+A')
�Q
PLANT COMPOSITON SCHEDULE
Meigh6
above wtiRary sign wa@L
210411
ZONE 1a -COTTONWOOD/SHRUB
WOODLAND CLUSTERS, GALLERY AND
DISPERSED
a¢e acre
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+
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'OMS'
OMS- AN OVERALL MINIMUM SPACING DISTANCE IS ASSIGNED TO
THE PLANTING CONFIGURATION 'SEE PLANT SCHEDULE'
IMS- AN INDIVIDUAL MINIMUM SPACING DISTANCES'IMS' IS ASSIGNED TO
EACH INDIVIDUAL SPECIES 'SEE PLANT SCHEDULE'
NOTE: EACH SYMBOL INDICATES A DIFFERENT SPECIES
PLANT SPACING —RANDOM
w
NOT TO SCALE
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PLANT COMPOSITON SCHEDULE Height above orGlnery ❑Igb water. 2 to<tt
ZONE 1b -COTTONWOOD/SHRUB WOODLAND SHRUB PODS size (acres): o.Bb
Minimum
Guanti+Y
$pe[ie•
Vepeuoon 5vaul
InYNMuaI
svacine
p.rvm
Freyumcr lxl
Guanpq
spwieawme
e°mmon wma
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PLANT C06WOSITION SCHEDULE
Height above ordinary
z
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'Sliluas ylUel Yian 9mIULalwllow will ee [lu�lryetl
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a
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w
¢
Q U J
PLANTCOlr1PO51TION SCHEDULE
Height above ordinary
high water:.0.5
It
<U' 5
ZONE 4 - EMERGENT W ETLAND
Size
acres:
LOfi
ir O C)
mnmumeua
J w
¢ O =
nua
SPaclnp y.. act. Fr.yu.nry l%1
sp. <i.[
Ouanl'py
v. y.u[wn svaml
spe[I..Wm.
Common Nam.
U"II
SPac Ina TYp.
sii.
InaiWaual
Mnimum
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II
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10 [.i rc3i'
21
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11200
total
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ri
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high water. tto2N
ZONE 2 -WILLOW SHRUBLAND Sae lacresl: t2
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Ouan[iry
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NaivW ual
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10 [.i. 0135'
IU
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PLANT COMPOSITION SCHEDULE Height above ominary high water. OIO t h
ZONE 3 -WET MEADOW Size acres : 0.51
o..lau
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swaaq
III,(
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p.[a[!< F"aa.lxr l%
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17
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10, .w2s
11
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2975
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10 ci.w2.5'
3
83
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GveaP
MrMurry$pdng Seed Mix. to be purchased and seededb Clryt
%
s [ties
Common name
PLS/AC
300
Milo sorghum
5.0°
MCMur
Fall Seed MU
%
Species
Common Name
PlS/ac
1
Cleomeserruhm
Rocky Mt. bee plant
0.32
S
Hellhnthut annuus
annual sunflower
1.8
2
GaiUurdb aristatp
Indian blanke[flower
0.42
2
Ratibidm columni era
prairie coneflower
0.11
7
Andropo on arprdii
Big bluestem
2.18
120outeloua
curtIpendula
Side -oats grama
1.7
i58auteloup
rpolrs
Blue grama
0.91
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Elymus mnpdensis
Canada wildrye
1.39
7
POIIKUm VV n(Um
Switchgrass
1. i2
20
Pasm rum smithii
Western wheat reu
$.7
75chizochyrium
sm orlum
little bluestem
2.43
75orphpstrum
nutmns
Indian grass
1.45
2
Stipp tomato
Needle&thread
0.55
8
Ship. vlrNulp
Green Needle lass
0.93
1�
(Seeding area is approximately3a7a_e_s.
]Foal PL$to be determined, 1
S 1'ORS1RbCI ER AIANAGEN I ENT PLAN
\IC\I URRY It I'S'1'ORA'FION PROJF.C'1'-- PLANE 1
PrvParcJ April I. 2011
'H II: MCMURRY ECOLOGICAL RESTORATION PROJECT` RESFOR ES RIPARIAN COMMUNITIES AND CREATES
WHI'LAND IN AND AROUND TI IF \\'BST GRAM. POND IN MCNIURRY NATURAL AREA. THE PROJECT'
LOW Ii16 ] I li UPLAND AROUND TI IE POND TO AN IiLEVAFION CLOSER TO GROUNDWATER AND USES DIP
ENC'AVA'ITD NIAI"ERIAL TO CREATE WEI LANDS IN'1'111: EXIS"PING POND. ALL DISTURBED AREAS WILL 1311
VEll ICFA'I'LD W 1'1'1I APPItOPRIA'I F PLANT COMMUNITIES AS SHO W N ON UIE RES'FORA'IION PLAN. TI IE
AREA '101317 DIN URBLD IS SPARSELY VEGEI'All iU WI'I'i I NON-NAJ IVE GRASSES AND WILL BE. RBPI.ACIiD
\\'1'1'13 NA E "1'1VGRASSLAND, RIPARIAN, ANII WIiII,ANDI'I,ANICOMMUNITIES.
'11IECONS 'FRUC'HON SEQUENCE IS AS FOLLOWS.
I. INS I ALL CONS I RUC PION FENCING AROUND SI'I E *1'0 CON "IROI. PUBLIC ACCESS.
2. EXC\ VA'I'E GROUND AROUND POND AND PILL IN PAR I OF THE POND WITH EXCAVATED MATERIAL
AS SHOWN ON TIME PLANS.
3. PIACE I'OPSOII. ON EXCAVATION AREAS.
J. SEED AND MULCH AREAS OUTSIDE OF IRF:E ANDSHRUB IRUB PLANTINGS,
5. PLACEMULCH IN TREE AND SHRUB PLANTING AREAS.
G. INSTALL WOODY AND GRASS SPECIES IN'IREH AND SHRUB PLANTING AREAS.
]. INSFALL VEGETATION IN WI-I'IAND AREAS.
CONSPR UC"IION AC I IVITIES WILL BE CARRIED OUT TO MINIMIZE SITE DISTURBANC'R. THE W17ST GRAVEI
POND ON "I'HE NICNIURRY SI I E IS THE ONLY RECEIVING WATER.
W
'1'111i MAIN 'I'\'I'E ACl'1 VIT\' TI TAT ,NIA}' INIPACI' S'I'ORNI WAl'GR IS li.\R'I'H UIS"fURdANCE. SINCE [HIS
PItOIDC'I"TAKES PLACE AROUND AN OLD GRAVEL POND WITH I NO SURFACE WATER CONNECTION, ALL
Q
_
SEDINREN'1' WILL RI: HELD ON SITE. 0"I'11ER PO'ITN "PIN. IN1 PACTS TO STORM WATER MAY INCLUDE TULLE NO
a
AND NLCI'ERIAL DELIVERY AND STORAGE.
Z
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IJISTiJ1i1B,\NCB ACPI VITIES AND CORIili81'ONDING BEST MAN,\GEMEN"F PRACTICES.
Q Q
K J
I. Iu1I<'I'Il\VOItK-R'EST POND U'II,I.ACI'AS DI9'I'EN'I'ION I'ONU HOLDING ALL SEDIMEN'I'ON SI'1li. AREAS
O d
WITH IIEALI-11%"STANDS OF EXISTING NA'HVE V17GLII'ATION WILL NOTBE DIS"I'URBED.
W
Z
W W
2,FUELING-IF NECESSARY, BE rSEL WILL BE S I ORED IN AN ON -SITE 500-GALLON DOUBLE -CON 'I'A]NED
G W 2
DIESEL IANN. ABSORBAN'T \\'ILI. BE AVAILABLE ON SI"iT IN CASE OF AN}' SPILLS DURING FUELING.
USED ABSORBANT WILL BE DISPOSED OF IN AN APPRORIATE MANNER.
¢ U Q
Z
3.NIA 'IT REAL STORAGE- ANY STOCKPILES OF SOIL, THA T ARE OUTSIDE OF THE POND AREA AND IN
Ito Q
PLACE OVER N HOURS, WILL Eli PRO "I'EM ED BY SILT FENCE.
¢ O K
z 0 w
4.MATERIAL DELIVERY AND EQUIPNIBN'I- OPERATION - ACCESS TO THE SITE WILL OCCUR A EAN
m W I-
EXISTINGSI'ABILIZED ACCESS POINT. ANY UIS'I URBED AREAS WILL BE SMOOTHED AND SEEDED AT
j, 3
111H END OF GRADING ACTIVITY. ANY EXCESS MAEHRIA.S. GARBAGE, AND DEBRIS FROM
00=
CONSI'RUC'I'IONAC'1'1VI'TIESWILI.BEItF.NIOV1iU1'RONJ'1*1 IF SITE AND APPROPRIATELY DISPOSED,
W
0
FINALSTABIIJZATION WILL BE ACHIEVED 'I'IIROUGIIES'1'ABLISIINIENTOFVEGETATION.REPI?it"1'O
O� N
ItES'fORA'FION PLAN AND PI.AN'I'ING SCIIEDULES I'OR UI51'AILED INFORMATION ON LONG-I'I.RNI
VEGIiI'ATION.
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SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL, CONDITIONS have been developed by using the
STANDARD GINERAL CONDITIONS OF TFIE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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
Agreemenk .........................................
J
1.3
Application for Payment,,,,,,,,,,,,,,,,,,,,,
1.4
Asbestos
1.5
Bid
J
1.6
Bidding i5"'e'�n*'t's',".'.'.'.".'.'.'*..',*''' ..,,'.''..''' -.,'''''
..,.,',.I
1.7
Bidding Requirements ..........................I
1.8
Bonds .................................................1
1.9
Change Order.. .................................._I
1.10
Contract Documents ............................
I
1.11
Contract Price ................... .................
1
1.12
Contract Times....................................1
113
CONTRACTOR
1.14
defective ..............................................1
1.15
Drawings ............................................1
1.16
Effective Date of the Agreement ...........
I
1.17
ENGINEER
1.18
ENGINEER!s Consultan( .................
1.19
Field Order ..............................
I
0
General Requirements .........................
1.21
Hazardous Waste
2
L22.a
Laws and Regulations; Laws or
Regulations .......................................
2
1 .2 2. b
Legal Holidays .....................................
2
L23
Liens
2
1.24
Milestone ......
...... 2
1.23
Notice of Award
2
1.26
Notice to Proceed,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2
1.27
Ok\ NIER .............................................1
I
1.28
Partial Utilization
2
1.29
PCBs
2
1.30
Petroleum
2
1.31
Project ...............................................2
2
1.31a
Radioactive Material,,,,,,,,,,,,,,,,,,,,,,,,,,,,
1.32.b
Regular Working Hours ........................
2
1.33
Resident Project Representative ............
-
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 .................................I.............2
1.41
Underground Facilities .......................
1y.3
1.42
Unit Price Work ..................................
3
L43
Work .. .... * ..........
....
1.44
Work Change Dircc,tivc
3
1.45
Written Amendment ............................
Page
Number
PRELUVJINARY MATTERS .......................
3
2.1
Delivery of Bonds.............................3
2.2
Copies of Document........................3
2.3
Commencement of Contract
Times; Notice to Proceed ................
3
2.4
Starting the Work ....... ....................
25-2.7
Before Starting Construction-.
CONTRACTORs Responsibility
to Report; Preliminary Sche(bles;
Delivery of Certificates of
Insurance
34
2.8
Preconstruction.Ponference ..............
4
2.9
Initially Acceptable Schedules, ..........
4
%relw"M�90_61 MISAI .
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
tr..................
Amending Contract DocunenLs .........
5
3.6
Supplementing Contract
Documents
5
3.7
Reuse of Documents
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 ......................
4.2.2
Lim iced Reliance by CONTRAC-
TOR Authorized; Technical
Data
6
4.2.3
Notice of Differing Su6suiii�'e
or Physical Conditions ...................
6
4.2.4
ENGINEERs Review .......................
42.5
Possible Contract Documents
Change.........................................6
4.2.6
Possible Price and Times
Adjustments ...............................6-7
4.3
Physical Conchtions--Underground
Facilities ......................................
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown or Indicated, .... I ...............
7
4.4
Reference Points
7
EJCDC GLNM.A.L CONDITIONS 1910.5 (1990 EDITION)
w/(.1TY OF FORT COLLINS MODIFICATIONS (REV 909)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number &: Title Number
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material7-8
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 Protston
10
5.9
COYCRACTOR'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 Insu-
ance; Option to Replace,,,,,,,,,,,,,,
11
5.15
Partial Utilization --Property
Insurance... .....................................
11
CONTRACTOR'S RESPONSIBILITIES ...............
11
6.1-6.2
Supervision and Superintendence.,,.,,,
11
6.3-6.5
Labor, Materials and Equipment_..
11-12
6.6
Progress Schedule..................4...........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 ........................33-14
6.12
Patent Fees and Royalties....................14
6.13
Permits .............................................
14
6.14
Laws and Regulations ........................14
6.15
Taxes...........................................
14-15
6.16
of
Use Premises .................................
15
6.17
Site Cleanliness ................................
15
6.18
Safe Structural Loading,,,,,,,,,,,,,,,,,,,,,
l5
6.19
Record Documents.-- ..............._--.._-.l5
6.20
Safety and Protection..._...............15-16
6?1
Safety Representative .................I.......16
6.22
Hazard Communication Programs ......
16
6.23
Emergencies.....................................16
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
Subm ittals.................................17
6.29
Continuing the.W.orl;........17
6.30
CONTRACTOR's General
Warranty and Guarantee .............
17
6.31-6.33
Indemnification ..........................
17-18
6.34
Survival of Obligations ...................
J 8
OTHER WORK;
18
7.1-7.3
Related Work at Site18
7.4
Coordination.................................18
OWNER'S
RESPONSIBILITIES
IS
8.1
Communications to CON-
TRACTOR .................................
IS
3.2
Replacement of ENGLNEER............
18
8.3
Furnish Data andPay Promptly
When Due..................................Is
8.4
Lands and Easements; Reports
and Tests
8-19
8.3
Insurance.......................................
19
3.6
Change Orders ............. *....... ,,,,...
19
8.7
Inspections, Tests and
Approvals...................................19
8.3
Stop or Suspend Work;
Terminate CONTRACTOR's
Services ......................................
19
8.9
Limitations on OIWi ER'S
Responsibilities ...........................19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material
19
8.11
Evidence of Financel
Arrangem ents .............................
19
ENGINEER'S STATUS DURING
CONSTRUCTION .............-----....................
_... 19
9.1
OWNFER's Representative...............19
9.2
Visits to Site ..................................
19
9.3
Project Representative ...............19-21
9.4
Claritieations and Interpre-
tat ions
21
9.5
Authorized Variations in Wrk
21
E1CDC GENERA. CONDITIONS 1910-3 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9l99)
Y_.
Article or Paragraph Page Article or Paragraph
Number .ZTitle Number Number&- Title
9.6
Rejecting Defective Work...................rl
9.7-9.9
Shop Drawings, Change Orders
and Payments....................................21
9.10
Determinations for Unit Prices_._._
21-22
9.11-9.12
Decisions on Disputes;. ENGI-
NEER as Initial Interpreter .............
22
9.13
Limitations on ENGINEERS
Authority and Responsibilities,,,.??-23
CHANGES IN THE WORK.......................................33
10.1
OWNER's Ordered Change, ...............
13 14.
10.2
Claim forAdjustment.........................23
10.3
Work Not Required by Contract
Documents
23
10.4
Change Orders ............. ....._... .....
...,-.23
10.5
Notification of Surety,,,,,,,,,,,,,_,,,,,._,
23
CHANGE OF CONTRACT PRICE .............................23
l L_ 1-11.3
Contract Price; Claim for
Adjustment; Value of
the Work......_.........._.........__..23-24
11.4
Cost of the Work ..........................14-25
11.5
Exclusions to Cost of the Work ..........
15
11.6
CONTRACTOR's Fee
25
11.7
Cost Records
25-26
11.8
Cash Allowances
26
11.9
Unit Price Work., .................. ............
26
CHANGE OF CONTRACT TR%IES .............................26
12.1
Claim for Adjustment .........................
12.2
Time of the Essence .........................26
12.3
Delays Beyond CONTRACTOR's
Control .......................................
26-27
12.4
Delays Beyond OWNER'S and
CONTRi\CTOR's Control .................
27
TESTS AND INSPECTIONS; CORRECTION
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ................................................. 27
13.1
Notice of Defects27
13.2
Access to the Work._._,____,.._,__.__... _..27
13.3
Tests and Inspections;
CONTRACTOR's Cooperation,..,,,,., 27
13.4
OWNER's Responsibilities;
Independent Testing Laboratory,,,,,, 27
13.5
CONTRACTOR's
Responsibilities...............................27
13.6-13.7
Covering Work Prior to Inspec-
tion, testing or Approval................27
13.8-139 Uncovering Work at ENGI-
Page
Num her
NEER's Request ...... ...............
27-28
13.10
OWNER May Stop the Work
.... .28
13.11
Correction or Removal of
Defective Work ............................8
13.12
Correction Period, ..... ..................
M
13.13
Acceptance ofDefective Work........28
13.14
OWNER May Correct Defective
Work .....................................
28-29
PAYMENTS TO CONTRACTOR AND
COMPLETION.................................................29
14.1
Schedule of Values
29
14.2
Application for Progress
Payment .....................................
29
14.3
CONTRACTOR's Warranty of
Title ...........................................
29
14.4-14.7
Review of Applications for
.Progress Payments........:........29-30
14.8-14.9
Substantial Completion,,,,,,,,,,,,,,,,,,
30
14.10
Partial Utilization ... ..................
30-31
14..1 i
Final Inspection .............................31
14.12
Final Application for Paymenl,,,,,...31
14.13-14.14 Final Payment and Acceptance .......
31
14.15
Waiver of Claims
........................
31-32
15. SUSPENSION OF WORK AND
TERMINATION ...............................................
32
15.1 OWNER May Suspend Work ..........
32
13.2-15.4 OWNERMayTerminate ................
32
15.5 CONTRACTOR May Stop
Work or Terminate
32-33
16. DISPUTE RESOLUTION 33
17. MISCELLANEOUS
33
17.1
Giving Notice ....... ........................33
17.2
Computation of Times,..................B
17.3
Notice of Claim
33
17.4
Cumulative Remedies
33
17.5
Professional Fees and Court
Costs Included .............................33
17.6
Applicable Slate Laws
33.34
Intentionally left blank.......................................35
E%HIBIT GC -A:
(Optional)
Dispute Resolution Agreement,,,,,,,,,,,,,,,,,,,,,
GC -AI
16.1-16.6
Arbitration
GC -.AI
16.7
Mediation ,........... ,,,,,,,,,,,,,,,,,GC
-AI
E1CDC GENI4MAL CONDITIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COLLINS NIODIFICATIONS (REV 9/99)
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which
shall be deemed an original, this 2nd day of May. 2011.
I PRESENCE OF:
IN PRESENCE OF:
�i1L� '-i �l1L�+�
i '
Principal
Biohabitats, Inc.
(Title)
2081 Clipper Park Road, I
(Address)
(C
Other Partners
By:
By:
Surety
RLI Insurance Company
Robert F. White, Attorney-p'F t.:•••...
9025 N. Lindbergh Drive, Peon.w.IL' 6'f6.15i,"%
(Address)
r
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
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 ........................................
9.1' 14.15
insurance., ................... ...................................
5.14
other Work by CONTRACTOR._
.......................7.3
Substitutes and "Or -Equal" Items,,,_..................0.7.1
Work by OWNER..............................2.5,
6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities ..............................................4.1
site. related Work ................... ............................
T2.
Work.........................................132,
13.14, 14.9
Acts or Omissions--, Acts and Om issions-
CONTRACTOR...................................6.9.1,
9.13.3
ENGINEER..........................................6.20,
9.13.3
OWNER....................................................4.20,
8.9
Addenda --definition of (also see
definition of Specifications) .......
(1.6, 1.10. 6.19). 1.1
Additional Property Insurance4.................................
5.7
Adjustments —
Contract Price or Contract
Times ...........................1.5,
3.5, 4.1, 4.3.2, 4.5.2,
.............................. 4.5.3.
9.4. 9.5, 10.2-10.4.
........................... ..............
11,12,14.8,15.1
progress schedul................................................
6.6
Agrecm en t--
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,
35, 5.10, 5.12, 6.6.2
.........................i.8.2, 6.19, 10.1, 10.4, 11.2
,..,.,,.
12.1, 13.12.2, 14.7.2
Appeal, OWNERor CONTRACTOR
intent to ..........................9.10, 9.11. 10.4. 16.2. 16.5
Application for Payment --
definition of......................................................1.3
ENGN-EER'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 ....................................._...
.114.4-14.7
Arbitration............................................I........16.1.16.6
Asbestos --
claims pursuant thereto ..........................
4.5.2,.4.53
CONTRACTOR authorized to stop Work.-,-...... 4.5.2
definition of.......................................................1.4
Article or Paragraph
Number
OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,
4.5.1, 8.10
passible price and times change, .......................
4.5.2
Authorized Variations in Work.........
3.6. 6.25. 6.27. 9.5
Availability of Lands..........................................4.1.
8.4
Award, Notice of --defined ......................................
1.25
Before Starting Constructionl..............................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
definitionof........................................................1.8
delivery of...................................................2.1,
5A
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.................................3
Builder's risk "all-risk" policy form .........................j.6.2
Cancellation Provisions, Insurance .........
5.4.11. 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion
........ 1.38. 6.30.2.3,
14.3, 14.10
Certificates of Inspection ................._.9.13.4,
13.5, 14.12
Certificates of Insuranc....... ....... 1.7,
53, 5.4.11. 5.4,13,
............. ......... ?.6.5, 5.8,
5.-14, 9.13-4, 14.12
Change in Contract Price—
Cash Allowances ..............................................
11.8
claim for price
adjustment.............3.1, 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
Scopeof....................................................10.3.10.4
Testing and Inspection.
Uncovering the Work..................................13.9
E1CDC GENFR.AL CONDITIONS 1910-5 (1990 EDI'nON)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
Unit Price Work 11.9
Article or Paragraph
Number
Value of Work ..................................................
l l.3
Change in Contract Times -
Claim for times adjustment, .......
4.1, 4.16, 4.5,:5.15,
............ 6.8.2. 9.4, 9.5. 9.11,
10.2, 10.5. 12.1.
...............13-9. 13.13. 13.14, 14.7. 15.1, 15:5
Contractual time limits.........:...........................12.2
Delays beyond CONTRACTORS
control
.12:3
Delays beyond OWNERS and
CONTRACTOR's control ..............................
12.4
Notification of surety .........................................10.5
Scope of change ........................
................ 10.3-10.4
Change Orders --
Acceptance of Defective Work ..........................13.13
Amending Contract Documents...........................j.5
Cash Allowances
11:8
Change of Contract Price ..........................
:..........I 1
Change of Contract Times, ..................................
12
Changes in the Work..........................................10
CONTRACTORS fee ........................................
11.6
Cost of the Work.......................................11.4-11.7
Cost Records ......................... I.......
I.. ............ I .... 11.7
definition of.......................................................1.9
emergencies....................................................
6.23
ENGINEERS responsibility,,._.,
9.8. 10.4. 11.2. 12.1
execution of.....................................................10.4
Indemnifiction .........................§.12, 6.16, 6.31-6.33
Insurance, Bonds and ............. _..........
5.10.5.13, 10.5
OWNER may terminate.............................15.2-13.4
OWNERS Responsibility.............................$.6,
10.4
Physical Conditions -
Subsurfaceand..............................................4.2
Underground Facilities--............................4.3.2
Record Documents ............................................
6.19
Scope of Change .............. ..........................
10.3-I0.4
Substitutes .............................................
6.7.3, 6.8.2
Unit Price Work ................................................
11.9
value of Work, covered by.................................11.3
Changes in the Work .................................................
10
Notification of surety
M5
OWNERS and CONTRACTOR's
responsibilities ............................................
10.4
Right to an adjustment......................................102
Scope of change........................................10.3-10.4
Claims --
against CONTRACTOR.._...._..........................6.16
against ENGINEER........................................6.32
against OWNER...........................4......
I.............6.32
Change of Contract Price,,,,,,,,,,,_,,,,,,,,,,,,,,
9.41 I L2
Change of Cmtract Times,,,,,,,,,,,,,,,,,,,,,,,,,,
9.4, 12.1
CONTRACTORS ............. 4, 7.1.9.4,
9.5. 9.11. 10.1
...........................I 1. 2, 1
1.9, 12.1, 13.9. 14.8,
............................................15.1.
15.5. 17.3
CONTRACTORs Fee 11.6
........................................
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 631
Cost of the Work.......................................11
A, 11.5
Decisions on Disputes...............................9.1
I, 9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement ..................16.1-16.6
_
ENGINEER as initial interpretor ..... _,..............
9.11
Lump Sum Pricing.........................................11.3.2
Notice of .................:.......................:..................
1.7.3
OWNERs....................9.4, 9.5, 9,1 I,
10.2, 11.2, 11.9
......._...............12.1. 13.9. 13.13.
13.14, 17.3
OWNERs liability ..............................................
5.5
OWNER may refuse to make payment
...............:14.7
Professional Fees and Court Costs
Included............. _ _ ....................................
17.5
„ request for formal decision 8n .................
........ 9,1,1
Substitute Items
6.7.1.2
Time Extension.......................::......._.:.............12.1
Time requirements....................................9.11,
12.1
Unit Price Work ....................... _....--............11.9.3
Valueof ...........................................................1,13
Waiver of --on Final Paymcnl. .................14.14,
14.15
Work Change Directive ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,10.2
written notice required ......................9.11,
11.2. 12.1
Clarifications and Interpretations,,,,,,,,,,,,
3.6.3, 9.4, 9.11
Cleat Site .................................._ ...._.
....0..17
Codes of Technical Society, Organization
orAssociation..................................................33.3
Commencement of Contract Times ............................
2.3
Communications--
general...............................................6.2,
6.9.2. 8.1
Flazard Communication Programs .....................k.22
Completion --
Final Application for Payment ..........................14.12
Final Inspection ........................... ......
I .... I....... 14.11
Final Payment and Acceptance...............14.13-14.14
Partial Utilizatio............................................
14.10
Substantial Completion ......................1.38,
14.8-14.9
Waiver of Claims .............................................
14.15
Computation of Times .............. ................
17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others................................_............._6.8.6.11
Conferences --
initially acceptable schedules ..............................
2.9
preconstruetton..................................................
2.3
Conflict, Error, Ambiguity. Discrepancy --
CONTRACTOR to Report.._......................2.5,
3.3.2
Construction, before starting by
CONTRACTOR— ....................................
I ..... 2. 5-2. 7
Construction Machinery, Equipment, etc,,._,
............. j6.4
Continuing the Work ....................................
6.29, 10.4
Contract Documents -
Amending..........................................................35
Bonds ..............................................................
5.1
E1CDC GENERA. C0MITIONS 1910-3 (1990 EDITEON)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Cash Allowances.-------....................................1 Lg
Article or Paragraph
Number
Change of Contract Prick ...................................
11
Change of Contract Times ................__„............
12
Changes in the Wore;................................10.4-10.5
check and verify ..................................................
Clarifications and
Interpretations...._..:.................32, 3.6,
9A, 9.11
definition of.....................................................1.10
ENGINEER as initial interpreter of ..................
9.11
ENGINEER as OWNER's representative„......,,,..,9.1
general3
Insurance...........................................................5.3
Intent........................................................
minor variations in the Work..............................3.6
OWNERS 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,.......
? 5, 3.3
Reuseof............................................................3.7
Supplementing ..................................................
3.6
Termination of ENG[NEER's Employment
... ...... 9.2
Unit Price Work...............................................11.9
variations ........................ ... ..............3.6,
623, 627
Visits to Site, ENGINE.ER's
9.2
Contract Price -
adjustment of,,,,,,,,,,,,,,, 3.5. 4.1. 9.4, 10.3,
11.2-11.3
Changeof.... : ...................... ... ... ............
) I
Decision on Disputes ....... .................................
P.I I
definition of.....................................................1.1I
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............................I........................1.12
CONTRACTOR -
Acceptance ofInsurance ........................ _....._.
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 ................_..........IS.5
provide site access to others .......................
7.2, 13.2
Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.12, 6.16, 6.1 S,
........ .............................. 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal,
Stop Work requirements.-.....I.........................4.5.2
CONTRACTOR's—
Article or Paragraph
Number
Compensation_ ................................... .....
II.l-11.2
Continuing Obligation....................................14.15
Defective Work ............................... 9.6, 13.10-13.14
Duty to correct defective Work ..........................13-11
Duty to Report --
Changes in the Work caused by
Emergency ...........................................
6.23
Defects in Work of Others .............................
7.3
Differing conditions....._............................4.2.3
Discrepancy in Documents.,,-_,,, 2.5. 3.3.2; 6.14.2
Underground Facilities not indicated ...........
4.3.2
Emergencies.....................................................0.23
Equipment and Machinery Rental, Cost
of the Work...........................................11.4.5:3
Fee --Cost Plus ......................... 11.4.5.6, 11.5.1,
I L6
General Warranty and Guarantee .......................0.3Q
Hazard Communication Programs . .....................
0.2^_
Indemnification.......... _............. .12. 6.16.
6.31-633
Inspection of the Work ...............................
7.3, 13.4
Labor, Materials and Equipment ....................6.3-6.5
Laws and Regulations, Compliance by;,,,,,,,,,,,,
6.14.1
LiabilityInsurance..............................................5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
theWork....................................................0.30
Patent Fees and Royalties, paid for by,,,,,,,,,,,,,,,,,
6.12
Performance and Other Bonds
5.1
Permits, obtained and paid for
Progress Schedule ........................... 2.6. 2.3, 2.9, 6.6.
........................................6.29. 10.4. 15.11
Request for formal decisionon disputes,,,,,,,,,,,,,,
9.11
Responsibilities --
Changes in the Work ,,,,,,,,,,,,,,,,10.1
Concerning Subcontractors- Suppliers
and Others .....................................
6.35.11
Continuing the Wor...........................
6.29. 10.4
CONTRACTOR's expense...........................(1.7.1
CONTRACTORS 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
ENGINEERS 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...................j.9
general........................................6. 7.2,
7.3, 8.9
Hazardous Communication Programs..__,__
6.22
I ndem ni beation...................................
6.31-6.33
EX1)C GENEFLAL CONDITIONS 1910-5 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 91")
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
Penn its:.6.
13
Progress Schedule.........................................6.6
Record Documents ................. . .............
......... .
6.19
related Work performed prior to
ENGINEERS approval of required
submittals .........:....:..............................6:28
safe structural loading.................................6.18
Safety and Protection ....................0.20. 7.2. 13.2
Safety. Representative .............................
.._. 6:2!
Scheduling the Work ...................... .....
:...... 6.9.2.
Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,
6.24
Shop Drawings and Samples Review
by ENGINEER ...............................
......
Site Cleanliness...._...........:.........:.__.........6.17
Submittal Procedures ...................................
6.25
Substitute Construction Methods
and Procedures .........................................
6.7.2
Substitutes and "Or -Equal" [tems0.7.1
.
Superintendence., ...............................
6.2
Supervision...................................................6.1
Survival of Obligations................................6.34
Taxes..........................................................6.
15
Tests andInspections... ...............................
J3_5
ToReport ......................................................
5
Use of Premises 0.16-6.IS, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal........................................6.25
Right to adjustment for changes in the Work ..... 10.2
right to claim ............ 7.1, 9A, 9.5, 9.11,
10.2,11.2,
11.9, 12.1, 13.9, 14. 8, 15.1.
15.5, 17.3
Safely and Protection,,,,,,,,,,,,,,,,,, 6.20-6.22,
7.2, 13.2
Safety Representative .......................................
6.21
Shop Drawings and Samples Submittals,,,,
6.24.6.28
Special Consultants .......................... _____-----
11.4.4
Substitute Construction Methods and Procedures_6.7
Substitutes and "Or -Equal" Items,
Expense .......................................... 6.7.1.
6.7.2
Subcontractors, Suppliers and Others,,,,,,,,,,
6.8-6.11
Supervision and Superintendence .......... 6.1.
6:2, 6.21
Taxes, Payment by ................... ...................
.... 6.15
Use of Premises .........................................
6:16-6.18.
Warranties and guarantees .........................
6.5. 6.30
Warranty of Title...._.,....„..........I......................
14.3
Written Notice Required --
CONTRACTOR stop Work or term inate........
15.5
Reports of Differing Subsurface
and Physical Conditions ...................
I .... 4.2.3
Substantial Completion................................14.8
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
Correction Period.... ........................
3.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13.14
Acceptance of Defective Work ..................
....... 13.13
Correction or Removal of
Defective Work................................:6.30,
13.11
Correction Period,,,,,,,,,,,,,,,,,,,,,
.............................................
13.12
OWNERMayCorrect Defective Work..............13.14
OWNER May Stop Work.................................13.10
cost__
of Tests and Inspection* ............... ....:.................
13.4
Records11.7
Cost of the Work -
Bonds and insurance, additional...................J
1.4.5.9
Cash Discounts..............................................11.4.2
CONTR_ACTOR's Fee
11.6
Employee Expenses ....... .......... ....................1
L4.5.1
Exclusions to,
11.5
General11.4-1 L5
Home office and overhead expense*....................1
1.5
Losses and damages.....................................11.4.5.6
Materials and equipment ... ....... ....... _._.
... ._..-11.4 2
Minor expenses...........................................11.4.5.3
Payroll costs on changes.................................1
1.4.1
performed by Subcontractors ............................t
1.4.3
Records11.7
Rentals of construction equipment
and machinery.......................................1.1.4.5.3
Royalty payments, permits and
license fees......................................„...11.4.5.5
Site office and temporary facilities ................11A.5.2
Special Consultants, CONTRACTOR'S,,,,,,,,,,
11.4.4
Supplemental ............ ...._................. ..............
11.4.5
Taxes related to the Work
11.4.5.4
Tests and Inspection ....................... ..................
13.4
Trade Discounts .................................
_.......... 11. 4.2
Utilities, fuel and sanitary facilities ..............11.4-5.7
Work after regular hours................................11.4.1
Covering Work..............................._..._._......13.6-13.7
Cumulative Remedies
17A-17.5
Cutting, Elting and patching ......:.............................
7.2
Data, to be furnished by OWNER ...............................3.3
Day --definition of................................................17
2=
Decisions on Disputes..,,....* ..........................
9,11, 9.12
defective --definition of ...............................
_..........1.14
defective Work --
Acceptance of--.... .... I ..................... _
10. 4.1. 13.13
E1CLV GEMMAL CONDITIONS 1910-3 (1990 EDITIOtr.
w/ CITY OF FORT COLLINS NOMFiCATIONS (REV 9199)
Correction or Removal of......................10A.1, 13.11
Correction Period 13.12
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ................................
9.2
OWINERMay Stop Work.................................13.10
Prompt Notice of Defects...................................13.1
Rejecting...........................................................9.6
Uncovering the Work.......................................13.8
Definitions
I
Delays.......................................4.1, 6.29, 123-12.4
Delivery of Bonds.....................................................2.1
Delivery of certificates of insurance ...........................2.7
Determ inations for Unit Prices ................................
9.10
Differing Subsurface or Physical Conditions -
Noticeof .........................................................
2.3
ENGINEER's Review
4.2A
Possible. Contract Documents Change ..............
4.2.5
Possible Price and Times Adjustments.............4.2.6
Discrepancies -Reporting
and Resolving ............................. _. 2.5. 3.3.2.6.14.2
Dispute Resolution-
Agreement................................................16.1-16.6
Arbitration .................................................
16.1-16.5
gnnera116
Mediation.........................................................t6.6
Dispute Resolution Agreement,.-,„....................t6.1-16.6
Disputes, Decisions by ENGINEER,,,,,,,,,,,,,,,,,,
9.11.9.12
Documents --
Copiesof
.............................. ....
Record 6.19
Reuseof............................................................
3.7
Drawings --definition of, ..........................................
J.15
Easements ..............................................................
4.1
Effective date of Agreement -- definition of..............1.16
Era ergencies.........................................................
6.23
ENGEVEER--
as initial interpreter on disputes ................
9.11-9.12
definition of.....................................................1.17
Limitations on authority and responsibilities......
9.13
Replacementof .......................................
............ .2
Resident Projcct Representative. ..........................9.3
ENGINEER's Consultant -- definition oC
.....................
1.13
ENGINEER's--
authority and responsibility, limitations on......,. 9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility for ... ... 9.7.
10. It, 12
Clarifications and Interpretations.......,,_..
3.6.3, 9.4
Decisions on Disputes............................._9.11.9.12
defective Work, notice of ...................................
13.1
Evaluation of Substitute Items .............................
6.7.3
Liability ...................................................4.32.
9.12
.Notice Work is Acceptable ...... _...... _........
_...... 14.13
Observations.......................„..,,,..,,,...,..„63U.2,
9.2
OWNER's Representative .............................. I ..... 9-1
Payments to the OOLNTR.ACTOR,
Responsibility for....................................9.9. 14
Recommendation of Payment ....................14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on_...............9.I1-9.13
Review of Reports an Differing Subsurface
and Physical Conditions ............ I .................
12.4
Shop Drawings. and Samples, review
responsibility.................. :... -... ....................
6.26
Status During Cvistruction--
authorized variations in the Work9.5
Clarifications and Interpretations ,,,,,,,,,,,,,,,,,,9.4
Decisions on Disputes ....... ....... ...........
9:11-9.12
Determinations on Unit Price.............„.,,,,.,9.10
ENGINEER as Initial Interpreter,,,._,._-
9.11-9,12
ENGINEER's Responsibilities
....9.1-9.1'2
Limitations on ENGINEER's Authority
and Responsibilities..............................9.13
OWNER's Representative...............................
.............................
9.1
Project Representative .,..,.._....._...................9.1
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments ...................... I .............
9.7-9.9
Visits to Site.................................................9.2
Unit Price determinations ........ . .........................
9.I0
Visits to Site .......................................................9.2
Written consent required..............................Y.2,
9.1
Equipment, Labor, Materials and........................G
3-6.5
Equipment rental, Cost of the Work ...................
11A.5.3
Equivalent Materials and Equipment .......................
67
error or om issions
....................................................
6.33
Evidence of Financial Arrangements .......................
$.I I
Explorations of physical conditions ........................4.2.1
Fee, CONTRACTOR's--Costs Plus ...........................)1.6
Field Order --
definition of .....................................................
1.19
issued by ENGINEER ................................
3.6.1. 9.5
Final Application for Payment..............................14.12
Final Inspection...................................................14.11
Final Payment -
and Acceptance.....................................14.13.14.14
Prior to, for cash allotences...............................
11.3
General Provisions ..........................................
17.3-17.4
General Requirements --
definition of.....................................................1.20
principal references to. ........... ..2.6, 6.4.
6.6-6.7. 6.24
Giving Notice ................................. .........................
17.1
Guarantee of Work --by CONTRACTOR ,,,,.„.6.30,
14.12
Hazard Communication Programs.__.....................6.22
Hazardous Waste. -
definition of ......................................................1.21
general ........................ -
...........9.5
OWNER's responsibility for..............................S.IU
EtCDC GENERA. CONDITIONS 1910.8 (1990 EDrnom
iv/ CITY OF FORT COLLINS MODIFICATIONS (RF.V 9199)
Indemnification ...._..______..._...._...6.12 6.16, 6.31-6.33
Initially Acceptable Schedules....,..._.........................2.9
Inspection—
Certificates of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.13.4, 13.5, 14.12
Final...........................................................14.1 t
Article or Paragraph
Number
Special, required by ENGINEER._......................9.6
Tests and Approval..........................._$.7, 13.3-13.4
Insurance -
Acceptance of, by OWNER. ------ ........................
5.14
Additional, required by changes
in the Work............................................11.4.5.9
Before starting the Work ...:............._.. ........
:... ...?.7
Bonds and --in general..........................................5
Cancellation Provisions .....................................
5.8
Certificates of .__._.........., 2.7. 5,.5.3, 5.4.11,
5.4.13,
........... .......5.6.5, 5.3, 5.14, 9.13.4,
14.12
completed operations ....... .. ..........................5A.13
..
CONTRACTOR's Liability..................................5.4
CONTRACTOR's objection to coverage,,,,,,,,,,,;,
5.14
Contractual Liability ......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility................................................5.9
Final Application for Payment .........................14.12
LicensedInsurers...............................................5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace, ......................... ..................
5.14
other special insurances....................................5..10
OWNER as fiduciary for insureds...............5.125.13
OWNER's Liability ....................... ..................5.5
OWNMs Responsibility.....................................8.5
Partial Utilization, Property Insurance,,,,,,,,,,,,,,,
5.15
Property.................................. ..................
.5.6-5.10
Receipt and Application of Insurance
Proceeds ..............................................
5.12-5.13
Special Insurance..............................................5
10
Waiver of Rights ...............................................3
11
Intent of Contract Documents
3.1-3.4
Interpretations and Clarifications ,,,,,,,,,,,,,,,3.6.3,
9.4
Investigations of physical conditions ..........................4.2
Labor, Materials and Equipment ....... .........._..........3-6.5
Lands..
andEasements...................................................$.4
Availability of ..............................................
.1. 8.4
Reports and Tests ................... I............................8.4
Laws and Regulations. -Laws or Regulations --
Bonds.....----------- ......................... .........__5.1-5.2
Changes in the Work.......................................IOA
Contract Documents :
..........:...................:............
3.l
CONTRACTOR's Responsibilities ...................
6.14
Correction Period,dejec/ive Work,,,,,,,,,,,,,,,,
13.12
Cost of the Work., ta%es...............................11.4.5.4
definition of ........ :................. ........ .................
1.22
gencral6.14
Indemnification ........................ .................
6.31-6.33
Insurance
53
Precedence ..:................ :....:.............. :....:...
3.1, 3:3.3
Reference to.....................................................
3.3.1
Safety and Protection................................6.20,
13.2
Subcontractors, Suppliers and Others ......
,.... 6.8-6.I I
Article or Paragraph
Num ber
Tests and Inspections, ..................................
13.5
Use of Premises ........................:.......................:¢:
16
Visits to Site.......................................................9.2
Liability Insurance-
CONTR-ACTOR's...............................................
5.4
OWNER's ............................................................
5.5
Licensed Sureties and Insurers ................................
53
Liens --
Application for Progress Payment .......................14.2
CONTRACTOR's Warranty of Title_._............._14.3
Final Application, for Payment......... .........14
12
definition of
1.23
Waiver ;of Claims... .........................................
J 4.15
Limitations on ENGINEER's authority and
responsibilities .............. _:
9.13
Limited Reliance by CONTRACTOR
Authorized.......................................................4.2.
2
Maintenance and Operating Manuals --
Final Application for Payment... .......................
t 4.12
Manuals (of others) --
Precedence .. _................... .. _............ _...........3.'3.3.1
Reference to in Contract Documents ..................3.3.1
Materials and equipment --
furnished by CONTRACTOR ....................... I
....... .3
not incorporated in Work...................................14.2
Materials or equipment --equivalent„ .......................
6.7
Mediation (Optional)..............................................16.7
Milestones --definition of........................................1.24
Miscellaneous --
Computation of Times .......................................
17.2
Cumulative Remedies ........................................
17.4
Giving Notice....................................................17.1
Notice of Claim .................................................
17.3
Professional Fees and Court Costs included
175
Multi -prima contracts ............... .......... _........ .
-
Not Shown or Indicated
4.3.2
Notice of --
Acceptability of Project....................................14.13
Award, definition of.........................................1.25
Claim............................................................1,7.3
Defects.13.1
Differing Subsurface or Physical Conditions..__
A2.3
Giving.................................................... .....
...1,7.1
Tests andInspections.......................................13.3
Variation, Shop Drawing and Samp19.................y.27
Notice to Proceed --
definition of......................................................1.26
givingor_ ....... ................................................'2.3
EJCCC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS tREV 9l99)
Notification to Surety.._ ...............__......_...,__.
...... )0:5
Observation-, by ENGINEER,,,,_..._,,.,,
"*'*"* ... 6.30,9.2
Occupancy of the Work,,,,,,,,,,,,,,,,,,
5.15, 6.30.2.4. 14.10
Omissions or acts by CONTRACTOR ......... ..... 5.9, 9.13
Open Peril policy form, Insurance ..........................
5-6.2
Option to Replace .............................................
...... 5.14
Article or Paragraph
Number
"Or Equal* Items ......................................... .............
6.7
Other work 7
Overtime Work --prohibition of .................................6.3
OWNER --
Acceptance of defective Work ...........................
13,13
appoint an ENGINEER.. : ..................................
. 3.2
as fiduciary ...............................................
3.12-5.13
Availability of Lands, responsibility ....................
4.1
definition of ............ ... * ... ......... ..................
1.27
data. furnish' * ........ ... . .. ... ..................
..... 8.3
May Correct Defective Work ............................13.14
May refuse to make payment,,,,..... .................
-1.4-7
May Stop the Work........ _ ...............................
13.10
May Suspend Work
Terminate ............... _$A 13.10.
15.1-15.4
Payment, make prompt ......................3.3, 14.4,
14.13
performance of other work ..................................
7.1
permits and licenses, requirements ...................
6.13
purchased insurance requirements ............
OWNIER!s-
Acceptance of the Work ..............................6.30.2.5
Change Orders, obligation to executq ..........
8.6, 10.4
Communications j ................................................
9.1
Coordination of the Work
7.4
Disputes, request for decision ...................
........ 9.11
Inspections, tests and approvals,_..,..,,,,...„.
8.7, 13.4
Liability Insurance ... I ..........................................
Notice of Mects
13.1
Representative --During Construction,
BNGINKEER!s Status; ................................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders ............................. ................
8.6
Changes in the Work ...........................
10.1
communications
8.1
CONTRACTOR's responsibilities .........
.......... 8.9
evidence of financial arrangements ..............
3.11
inspections, tests and approvals ..... .. ............
8.7
insurance ..................................... ..............
�.5
lands and easements .....................................8.4
prompt payment by........................................8.3
replacement of ENGINEER .............................8.2
reports and tests ..................................
stop or suspend Work ..... ........... B.S. 1
i6_S.4
.1.15.1
terminate CONTR-ACTORs
services ..........................................8.S.
15.2
separate representative at site ..............................
9.3
testing, independent ............ ...................... 13.4
use or occupancy
of the Wojk ......................... 6.30.2.4. 14.10
written consent or approval
required ............. ........................... 9-1, 6.3. 11.4
L'JCL'X- GENT-ERAL CONDITIONS 1910.8 0990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REW 9M
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,
14A3
Payments to CONTRACTOR and Completion —
Application for ProgressPayments ....................
..14.2
CONTRACTOR's Warranty of Title ..............
..... 14.3
Final Application for Paymenu .........................14.12
Final Inspection ..............................................
14.11
Final Payment and Acceptance................14
13-14.14
general...::....................................................5.3,
14
Partial Utilization .......
14.10
Retainage..........................................................14.2
Review of Applications for
Progress Payments._,.,..„ ...........................
prompt payment..................................................8.3
Schedule of Values
14.1
Substantial Completion:............................„14.8-14.9
Waiver of Claims
.14.15
when payments due ................................
14.4, 14.13
withholding payment..._ ..............................
.. ...14.7
Performance Bonds ............................................
5.1-5,2
Permits ..............................................................
6.13
Petroleum --
definition of.....................................................1.30
general..............................................................4.5
OkVNER'S responsibility for...., ..........................
8.10
Physical Conditions --
Drawings oL in or relating to,,,,,,,,,,,,,,,,,,,,,,,,
3.2.12
ENGINEER's review
4.2.4
existing structures ................. I ............
......... .2.2
general4.2.1:2 ............................. .............................
Notice of Differing Subsurface or ......................
23
Possible Contract Documents Change,,,,,,,,,,,,,„
4.2.5
Possible Price and Times Adjustments,,,,,,,,,,,,,
4.2.6
Reports and Drawings..............................I.......4.2.1
Subsurface and ................................................
....4.2
Subsurface Conditions............._.,...,_4.2.LI
Technical Data, Limited Reliance by
CONTRACTOR Authorized.. .....................
4.2.2
Underground Facilities —
general.........................................................4.3
\ot Shown or Indicded__... .......................
4.3.2
Protection of.........................................4.3,
6.20
Article or Paragraph
Num bcr
Shown or Indicated ............................................
....:4.3.1
Technical Data................................................4.2.2
Preconstruction Conference.......................................2.8
Preliminary Matters .................................
_... _.............2
Preliminary Schedules..............................................2.6
Premises, Use of .............................................
6.16-6.18
Price, Change of Contract..........................................I
l
.Price, Contract --definition of :................................
Lll
Progress Payment: Applications for ..........................14.2'
Progress Payment--rctainage.................................7.,14.2
Progress schedule, CONTRACTOR's,,,_.,......
2.6, 2.3, 2.9,
................................. 6.6. 6.29,
10.4. 15 2.1
Project --definition of...............................................1.31
Project Representative--
ENGTNEER's Status DuringConstructiort,........... 9.3
Project Representative, Resident -definition of,.,,,,.„ 1.33
prompt payment byOWNF.R......... :...........................
8.3
Property Insurance —
Additional ....... ..................................................
5.7
generalS.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,
131
Punch list ...........................................................
1.4.11
Radioactive Material--
defmtion of... .........
1.32
genera14.5
OWNER'S responsibility for ..............................
$.10
Recommendation of Payment,,,,,,,,,,,,,,, 14.4,
145, 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 Societies3.3
Regulations, Laws and(or) ......................................6,14
Rejecting Defective Work..........................................9.6
Related Work --
a[ Site .................... .............. I ......................
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 ENGWEER, by OWNER„..................82
Reporting and Resolving
Discrepancies................................2.5,
3.12, 6.14.2
Reports --
and Drawings .......... ........................................
,2.1
and Tests, OWNER's responsibility .....................8.4
Resident and Project Representative —
definition of....................................................1.33
provision for............................................................ 9.3
EJCDC GENERAL COINDITIONS 1910-3 (1990 EDITION)
rv/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99y
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR* ............... 6.2
Responsibilities—
CONTRACTOR's-in general, ................................. 6
ENG[NEER's-in general........................................9
Limitations on.............................................9.13
OWNEWs-in general.............................................8
Retainage............................................................14.2
Reuse of Documents
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................6.25
Review of Applications for
Progress Payments .....................................
14.4-14.7
Right to an adjustment, ... - ..........................
I --- - ..... 10.2
Rightsof Way ........................................
................... J.l
Royalties, Patent Fees and......................................6.12
Safe StructuralLoading..........................................6.18
Safety --
and Protection......_........................4.3:2,
6.16, 6.18,
.................................... 6.20-6.21.
7.2. 13.2
general ................................. ........
............ ti.20-6.23
Representative, CONTRACTOR's.......................6.21
Samples --
definition of......................................................1.34
general ................ ..............................
....... .0.24-6.28
Review by CONTRACTOR................................6.25
Review by ENGINEER..............................6.26,
6.27
related Work.....................................................6.28
submittal of...................................................6.24.2
submittal procedures.........................................6.25
Schedule of progress...............................6.
2.8--2.9. 6.6,
.........................................6.29.
10.4. 15.2.1
Schedule of Shcp Drawing and Sample
Submittals..............................2.6,
2.8-2.9, 6.24.6.2S
Schedule of Values ... ............................
'.6, 2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................
...............0..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 ........................................:
3.2. I. l
Shop Drawings --
and Samples, general ................................
6.24-6.28
Change Orders &: Applications for
Payments, and --- .....................................9.7-9.9
defmition of .....................................
................. 1:35
ENGINEER'S approval of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„3-6.2
ENGINEER's responsibility
for review .....................................
9.7, 6.24-6.23
related Work------......................._..._._.........6.2$
review procedures................................2.8,
6.24-6.25
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.......................................................T2,
13.2
Site Cleanliness ........................................................
6.17
Site, Visits to —
by ENGINEER ..........................................
9.2. 13.2
byothers ........................ ..................................13.2
"special causes of loss" policy form,
insurance .......................................................
5.6.2
definition of
1.36
Specifications—
defination of .............._....._:...................
----1.36
of Technical Societies, reference to .................
3.3.1
precedence.......................................................3.3
Standards and Specifications
of Technical Societies., ....... I ............ ...............
3.3
Starting Construction. Before...............................2.5-2.8
Starting the Work .................................. :..................
.4
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER.....................................8.8, 13.10,
15.1
Storage of materials and equipment ......................4.1,
7.2
Structural Loading, Safety.......................................o.IS
Subcontractor —
Concerning,.... ...........................................
6.8-6.1 1
definitionof. ....................................................
j,37
delays........................................ .....................
12.3
waiver of rights ..................................................
! I
Subcontractors --in general ... .............. ................
6.8-6.11
Subeonvacts--required provisions., ....... 15.11. 6.11,
11.4.3
Subm ittals--
Applications for Payment........ I........................14.2
Maintenance and Operation Manuals...............14.12
Procedures ........................................................
6.25
Progress Schedules ..-.--...... ..........................2.6,
2.9
Samples .......................... ........ I .................
6.24-6.28
Schedule of Values ....... :.............................
2.6, 14.1
Schedule of Shop Drawings and Samples
Subm imions........ ....... ... .................... 2.6,
2.8 2.9
Shop Drawings ........................................
6.24-0.28
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of.....................................................1.38
Substitute Construction Methods or Procedures..__.
6.T2
Substitutes and "Or Equal" Items ...........................
_.6.7
CONTIZACTOR's E.rpense............................6.7.1.3
ENGINEER'* Evaluation—— ......................
6.7.3
"Or-Equal"...................................................6-
7.1.1
Substitute Construction Methods
siii EXTE)C OENER,V. CO]DITIONS 1910-S Q990 ED1'nONj
WI CITY OF FORT COLLINS MODIFICAT10NS tRu 9/`19.1
Article or Paragraph
Number
or Procedures ......................:.......................
6.7.2
Substitute 4tems..................... _ _.....:.............
6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or.rclatug to,,,,,,,,„ ..............
a.2.1.2
ENGINEERS Review ......................................
4.24
general..............................................................4
2
Limited Reliance by CONTRACTOR
Authorized ..................................................
4.2.2
.
Notice of Differing Subsurface or
Physical Conditions..........................................4.2:3
Physical Conditions.......................................4.2.12
Possible Contract Documents Change ...............
4.^_.5
Possible Price andTimes Adjustments................4.2.6
Reports and Drawings ............. ........................4.2.1
Subsurface and, ...................................................
4.2
Subsurface Conditions at the Site
4.Z1.1
Technical Data .......... ............................
:.......... 4.2.2
Supervision—
CONTRACTORS responsibility_..................._...:.6
1
OWNER shalt not supervise,.._„..........................8.9
ENGINEER shall not supervise,,,,,,,,,,,,,,,,
9.2, 9.13.2
Superintendence...., ....................... .... I
............... 67
Superintendent, CONTRACTOR's residenk
...............62
Supplemental costs- ......... ........................
........... t 1.4.5
Supplementary Conditions --
definitionof.....................................................1.39
principal references to.................1.10,
1.18, 2.2, 2.7,
........................f.2, 4.3, 3.1, 5.3,
5.4, 5.6-5.9,
,_,,,... I ...... .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., ............................................3.1-5.3
Survival of Obligations, ..... I .... .... - ...... I .................
6.34
Suspend Work, OWNER May .......................13,10.
15.1
Suspension of Work and Termination- .....................)5
CONTRACTOR May Stop Work
orTerm irate...............................................15.5
OWNER,May Suspend Work ........... ..................
15.1
OWNER May Tennmatc ............................
152-15.4
Taxes--Paymtent 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
Tem porary construction facilities ............. _. _........... a. t
Article or Paragraph
Number
Term ination--
by CONTRACTOR...........................................15.5
by OWNER ........................................$.8;
I5.1-15.4
of ENGINEER's employment ..........................
.... $.2
Suspension of Work-in general .............................15
Terms and Adjectives, ...................................
......... 14
Tests and Inspections --
Access to the Wort:, by others ...........................13.2
CONTRACTOR's responsibilities ............
.„_...... 13.5.
cost of 13.4
covering Work prior to .......................
...... 13.6-13.7
Laws and Regulations(or)................................
13.5
Notice of Defects ..... ........................._........13.1
OWNER May Stop Work ------------- ...................
.13.10
OWNER'S independent testing ..........................13A
special, required by ENGNEER..... —..................9.6
timely notice required..............:......................:.13.4
Uncovering the Work, at ENGMER's
request ..................._ ......
..13.8-13.9
Times—
Adjusting...........................................................0.6
Change of Contract,..............................................12
Computationof................................................17.2
Contract Times--defmition oC1.12
day..........................................................17.22
Milestones.........................................................12
Requirements --
appeals.............. ..............................
.....9.10, 16
clarifications,
claims and disputes..,,, ............ 9.11, t 12, 12
Commencement of Contract Times,,.2.3
Preconstruction Conference
schedules .........................................
2.6, 2.9, 6.6
Starting the Work ...........
.............................2.4
Title, Warranty of. ...... ............
.............................. J4.3
Uncovering World............................................13.8-13.9
Underground Facilities, Physical
Conditions —
definition of....................................................1.41
Not Shown or Indicated..........
................--.-- 4.3.2
protection of..............................................4.3,
6.20
Shown or Indicated ...............„.„..,,,,,.„.,,,,___„
4.3.1
Unit Price Work--
claims..........................................................11.9.3
definition of.....................................................1.42
generall l.9. 14.1, 14.5
Unit Prices--
gcnerall 1.3.1
Determination for.............................................9.10
Use of Premises. ...............................
6.16, 6.18, 630.2.4
Utility owners............................6A3,
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
E1CDC GENERAL COM)ITIONS 1910.3 (1990 EDITION)
w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 9199)
SECTION 00615
PAYMENT BOND
Bond No. 394164
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Biohabitats, Inc.
(Address) 2081 Clipper Park Road Baltimore, MD 21211
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
(Firm) RLI Insurance Companv
(Address) 9025 N. Lindbergh Drive, Peoria, IL 61615
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 TWO HUNDRED NINETY THOUSAND AND 001100THS
DOLLARS($290.000.00) 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 28`h day of April, 2011 a copy of which is hereto
attached and made a part hereof for the performance of The City of Fort Collins project, Work Order
Number:NA-181 McMuny Natural Area Wetland and Forest Restoration.
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.
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.
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 particS..................
5.11,6.11
Warranty and Guarantee. General --by
CONTRACTOR ........ ...........................
........... 6.30
Warranty of Title. CONTRACTORs ........................
143
Work --
Access to
_1 3.2
byothers ...............................................................
7
Changes in the ..............................................:......to
Continuing the ..................................................6.29
CONTRACTOR May Stop Work
or Terminate
15.5
Coordination of
7.4
Cost of the
1.4-11.5
definition of ....... ....... ....... ..........
I ........... 1.43
neglected by CONTRACTOR ................
........... Ji14
other Work
7
OWNER May Stop Work ..........................
...... 13.10
OWNER May Suspend Work ...................
* 13.10, 15.1
Related, Work at Site ....................................
17.1-7.3
Starting the .............
.... ..... 2.4
Stepping by CONTkXCf6k' .......................
......... .t5.5
Stepping by OWNER_ ......
15.1-15.4
Variation and deviation authorized. minor ........... 3.6
Work Change Directive —
claims pursuant to .............................................
JO.2
definition of
1.44
principal
3.5.3. 1-10.2
Written Amendment --
definition of ......................................................1.45
principal references to ..............1.10,
3.5, 5.10,15.12,
....................6.6.2, 6.3.2,
6.19, 10.1, 10.4,
.... ...... 11.1 12.1,
1112.2, 14.71
Written Clan cations and
Interpretations ...................................3.63,
.... * ............
3.6.3, 9.4. 9.11
Written Notice Required—
by CONTRACTOR............................7.1,
9.10-9.11,
by OWNER.................... . 9-jo-9.11,
10.4, 1L2, 13.14
Cv EX -DC GENMAL CONDITIONS 1910-8 (1990 EDITION)
Nw/ CITY OF FORT COLLINS MODIFICATIONS (RFV 9/991
('this page left blankintentionally)
mi E1CLC GENERAL CONDITIONS 1910.3 (1990 EDITIOM
w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE I—DEF gTIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
mcanings 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 Contact Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3, Application for Pa}ment--The form accepted by
ENGIIVEER 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
15. Bid -The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Dcrtunents—The advertisement or
invitation to Bid instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements —The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
I.S. Bouts —Performance and Payment bonds and other
instruments of security.
1.9. Change Osier —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
EJCDCGE:`rD" CONDIIIO.NS 191" QM Edtim)
w•t CITY OF FORT COLLI NS MODIFICATIONS (RLV •12000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5. 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop. Drawing. submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Timer —The numbers of days or the
dates stated in the Agreement: () to achieve Substantial
Completion and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGNEER's
written recommendation of fiat payment in accordance
with paragraph 14.13.
IA3. CONTRACTOR —The person, firm or corporation
with whom OtWi ER, 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
ENGGVEER'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. Dra+vings—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 ENGM-ER 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 si6m and deliver.
1.17. ENGINEER —The person firm or corporation
ramcd as such in the Agreement.
1.18. ENGINEER's Consultant- A person, Finn 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.
120. General Requirement& —Sections of Division I of
the Specifications.
121. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
122.a Lass 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.
122.b. Legal Holidays--shall be those holidays observed
by the City of Fort Collins.
123, Liens —Liens, charges security interests or
encumbrances upon real property or personal property.
1.24. Milesmne--A principal event specified in. the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Wok.
125. NoniceofAward-A written notice by OWt`IER.to
the apparentsuccessfulbidder 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.
126. Amerce 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. OlPNER—The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided
128. Partial Utilization —Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work
129. PCBs —Polychlorinated bipherryls.
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 ,4latenal—Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDCCENERAL CONDITIONS 191M (199u Edda])
w/ CITY OF FORT COLLi M MODIFICATIONS (REV 4,2o00)
1954 (42 USC Section 2011 et seq.) as amended from
.time to time.
1.32.b. Regular Workn'nz Hours —Regular working hours
are dermal as 7:00am to 6:00om unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples -Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judges
1.35. Shop. Drawing. 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
illustmte 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 --Ann individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Wok at the site.
1.38. Substantial Completion -The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidernced by
ENGMER'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 FNGMER's written recommendation of
final payment in accordance with paragraph 14.13. The
terns "sulistarntially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions -The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Wok by CONTRACTOR or any Subcontractor.
1.41. Utulergrownd Facilities —All pipelines, conduits,
ducts cables, wires manholes vaults tanks tunnels or
other such facilities or attachments and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work —The entire cornpleted 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
famishing and incorporating materials and equipment into,
the construction, and performing or furnishing services and
furnishing documenu, all as required by the Contract
Documcnts.
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 paragraph4-2 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 Tames as
provided in paragraph 10.2
1.45. Written Amendment --A written amendment of the
Contract Document% signed by OWNER and
CONTRACTOR on or after the Etective Date of the
Agreement and normally dealing with the nonengincering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELMN.-ARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Areements 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,
EKW OENEtt-u, CONDMONS 1910s (MO rya Edtial)
cot CITY OF FORT COLLI NS MODu4CATIONS (REV J2000)
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 withinthirty days after the Effective Date of the
Agreement la _ ..:n tho ;;oat.-t r:m....
ot-Bid-openingtir-tlwthirti�y-alter-the-Effective-Date.
oEthe-Agrezmntkwhiehevordatriseat4ier:
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to nor,
but no Work shall be done at the site prior to the date an
which the Contract Times commerce 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 arty 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
ENGMER for review:
2AL 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 unse 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 sufficiem.
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 Wort: at the site is started
CONTRACTOR and G%V46f7 shall eaeh deliver to the
etheF OWNER with copies to rash—addilieaal iaseued
identifiedpleme ..a;. - G nd ti o ENGINEER
certificates of insurance (and other evidence of insurance
rreseneb{y=request reauestel by OWNER) which
CONTRACTOR is required
to purchase- and maintain in accordance with
pamgaphs 5.4, w&" d 5 i.
Preconstruction Conference.
2.8. Within twenty days after the Contract Times start to
rurL 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 theparties 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 befare subm issien
before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as appropriate designated by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division I - General Retptirements
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 he 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 COMRACTOR'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
COMRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3—COYTRACt DOCUMENTS: I,l"rENT,
AMLNI)III G, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER aml CONTRACTOR
concerning the Work The Contract Documents are
complementary; what is called for by one is as binding as if
called for by afl. 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
EKDCGENTE AL CONDITIONS 1910-3 (1990 Eytiat)
w! CITY OF FORT COLLI NS MODIFICATIONS (REV 40000)
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 fwnished 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.
3.31 If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5.
CONTRACTOR shall report it to ENGINEER in
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 35 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisionsof the Contract.
Documents and:
3.3.3.1. the provisions of any such standard.
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an intcrpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
axle 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 thoseset forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER of any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
famishing 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 importare 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 requiremets 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
anv such term or adjective shall not be elrective to assign to
ENGINEER arty duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
4menrGng and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modifv the terms and conditions thereofinone 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
EXMGh-KU , CONDITIONS 19103(1990Ed6m)
tv! CITY OF FORT COLLINS MODIFICATIONS (REV ,I0000)
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 Omer (pursuant to paragraph 9.51
3.6.2ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27). or
3.6.3. ENGLN-EER's written interpretation or
clarification (pursuant to pamgmph 9,4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing anv of the Work under a direct or indirect
contract with OWNF,R (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 entcnsiors of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4--AVAMABELTTY OF LXNDS;
SUBSURFACE AND PHYSICAL CONDETIONS;
REFFRFVCF. POINTS
lvadabiti(p 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 Iupon-rresonab(awFiaan-regltest:
smtement-o€ eeeord-legal-tido-and-kgeFdzscriptiwroFtha
lands -upon -which -Elio -Work -is -to -he -performed -end
01V?FER=s-interest-therein-es-necessary-fur-girv>=-notice
o�oFfitit>b-n-meahnttids-liar--againa-sue"Fids-in
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 linable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements. CONTRACTOR may make a claim
therefor as provided in Articles I I and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.'. Subsurface and Physical ConrHtions.•
4.2.1: Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of:
43_I.I. Substrface. Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
IRNGIKEER in preparing the Contract Documents;
and
4.2.12. Physical Canditions: 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.
42.2. Limited Reliance by C01VTR4CT0R Authorized'
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, butsuch reports and drawings are not
Contract Documents. Such "technical data" isidentified 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
ENGNEER's Consultants with respect to:
4.22.1. the completeness of such reports and
drawings for CONTRA.CTOR'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
4.222. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings. or
4.22.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information..
4.2.3. Nolice of Deering Subsurface or Physical
Conr6tions: 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. l 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
423.3. differs materially from that shown or
EXI)COENEFALCONLATIONS 1910-3(1990E 51iat)
IV/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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 workof
the character provided for in the. Contract
Documents; then
CONTRACTOR shall, premptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph6.23), notify OWNER and
ENGINEER in wasting about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGLVE£R's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
FNG WEER concludes that a change in the Contract
Docum cots 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 arid Times .4,#ustments: An
equitable adjustment in the Contract Price or in the
Contract Times or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will notbe 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
i f;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTR_CTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contact Price or Contract
Times, a claim may be made therefor as provided in
Articles 1 I and 12. However, OW, IER, ENGINEER and
ENGNEER's Consultants shall not be linble to
CONTRACTOR for any claims, casts, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. Pkysical Cond ions —Underground Facilities:
43.1. Shown or lnoicoted: The information and data
shown or indicated in the Contact 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 Rix 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 paagmph620 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated.- If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, protptly
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 paragaph6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 191" 0990 Editim)
%V/ CITY OF FORT COLLINS MODIPICA DONS tREV •12000)
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
FNGINEl3R.cencludes 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 pantimph6.20.
CONTRACTOR "11 mav 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 asprovided in Articles I I and 12. However,
OWNER, ENGINEER and ENGNEERs
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 cngmccnng surveys to
establish reference points for construction which in
ENGNEER'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 locttiom, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, hlatardous 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, Subcontractor& Suppliers or
anyone else for whom CONTRACTOR is
responsible.
4>-'': 69NFI�\GF9I�shell-immadieto4y=(a-stoptt4t
sueh-neties-itrwritmg)—Gt1tNBF�shel!-promptly.
oorealFwith-EN6ExFE6R-eoncemie>�-ihrnzctssNy-&x
9Wt I6I�tetatain-a-qualified-axparHo-avafuaGrsush
C-QN44;A6TGR -shell-nO1- c-required-to-resnmo-Work
any- ' ed-pemtits-related-t#tseto-attd-de4ivered-te
thatsush-sanditierf y affected area :5 OF hasbee
_._J _J C f6f •L_ ..r 11I...1.
C-M9R,1(;TQR cannot
t_ -_VIOURELOMA _r
l_
ORRIFRet POGO OF Comm
GO34-FRA4&TOR-dots-not-ugren-&rreau ne-such-work
cenditians -then -OWWER- may -ord_Fsush-pertian-et.
the I.WnFk. If 01.11449R. and CONTR-4.9TOR. cannot
ngrza w to-zntitlzmzr t to oF-themnount-or-extent-ofan
adjustmem
as a result of ddi.t:__
zither-petty-may-makaa-steam-tharatex-as-provickd-in
portion--o�tha-lYorlrparfamtad-by-9W3�SEI�s-own
forrxs oFothzrsvracsordatwa-coif h-�\rt iela-7-
1.5.1. To theMeg e Glke'�F6l "ell,-inckmni€y-fled-hold
an
harmlass—C-9V-'fie\FFOR. Suherntmstors;
otLsetsc—duactors,—ztnployaas—ogams.—othee
sonwltanLs-erect-subeontmetors-of-each-land-emy-o€
dttm-from-eml-agairel-a16c laimsrecnl�-bsses-arts!
damages-arising-out-of-o>-resulting-€rom-suah
eos�loss-uF�mtrte-is-attt3butabke-tu-bedt}y-mlur�`
k-itselo.
imluding-the-loss-of-us resulting-therefran-and
(li}rtodnrg ur't}us-subpuragrapke,13:4-shelf-ubkigatt
O1L'{36I�to-indavuti€y-any-parsorror-entity-from-and
own-negfigence-
met intended to appb- to Asbeqe-t lAGB-, petroleum;
f1i"'�aFF�.
EJCDC GE;1MAL CONDIT10N3 19105 (t 990 EJitiaal
w/ CITY OF FORT COLLINS MODIFIC.4 rIONS (REV J/2000)
ARTICLE 5-130NDS AIND MURAINCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date'when final payment
Becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents
CONTRACTOR shall also famish such other Bands as
are required by the Supplement* Condition. 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
Circular570 (amended) by the Audit Statl: Bureau of
Government Financial Operations, U.S. Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond famished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requaements.of paragraph 5.1, CONTRACTOR
shall within ten days thacatter substitute another Bond
and surety, both of which must be acceptable to OLWFR
5.3. Licensed Sureties and Lnsure ; 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 i nsumme 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 compames 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. QWNUR-shall
addikiorrel-ilrute�idemt&ce:-v.-thcvopplenaeretery
evidence
required to pufuliese and maintain ;A OWOFdanu. -
..... t... - n - M.,...�r
1...my..�.^
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which
shall be deemed an original, this 2nd day of May. 2011.
IN PRESENCE OF:
l—
IN PRESENCE OF:
•- •
Principal
Biohabitats. Inc.
(Title)
(Address)
(Corporate,Se.
Other Partners
U
By:
- "y.aatl V N.a
Surety
RLI Insurance Company
By:_
Robert F
(Address)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
CONTIUtCTOR'.s Liability Insurance
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACfOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work. or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers compensation, disability
benefits and other similar employee benefit acis;
5.4.2. claims for damages because of bodily injury,
occupational sits ness or disease. or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employem.
5 44-aleints-for-damages-insured-Iry-a-ustenttry
n �........... ,.f .... ,.ff,...._ .r.,.eother reasar4
indirectlyrelmad-to-thaempleynFartEef etch-peFserrby
5.4.5. claims for damages, other than to the Work
itself. because of injury to or destruction of tangible
property wherever located; including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of.
the ownership, maintenance or use of any motor
vehicle.
The policies of inwmnce so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER; ENGINEER. LINGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds:
5.4.3. include the specific coverages and be written
for not lass than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4.9. include completed operations insumnce;
EKI)CGENIIiUV. CONDMONS 19I0.8 (1990 Edtim)
e/ CITY OFFORT COLD NS Nt0O1F1CA"r10NS (RE4'-1r000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13.12;.and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after fmal payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
O NER'S Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4. OIWIIC at
OWNER's option, may purchase :and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance:
i Ei—(finless-othzfwistrprovided-irrthzzSuppkmentery
Foriditions;-F3WNE&-shell-ptrcFaw-and-meemefn
the Wer4e at the site it 6 e am atm
o� the-full-raplasement-cos[-thareoE'-(sir bjeet-to--snch
deokwtibla-mmounts-as-may-ba-proyido.tirt-flue
Supplemenwrr-Ctnwltiu or required -by -Laws -am]
Regukttionsj=this-ms unnce-shmIl-
?6:1—inof ucic—flue—imeresis—ol—O W:�i$EL
:*rn ,.4no subuentR16IOM p4prrrn
eriE iFias-idenFiCiad-in-the--Supplementaryy-C-ondiFions;
each-o�whuom-is-deemeeF�!<rhavran-ireurabk-interest
anF4sha41-ba-IistacEas� ern -insured or-ttdditiewFt-inured;
5:6�-bo-cotigen-orra-Buil�fs-Risli-etF-risl�ot
the following,
cecafwga--ilw[i-vtuxln{ism-end-nieliciaus-tn ischiet:
S��vtelude-ccpenvrs--menfrc�-vrthr(epntr-or
feplacart ant of any-ksufec4pfoperty-(including-but-rA
architee*.
er-a site[heFleeatio-that-was-agreed-to-in-writmgby
pmvidedthat -such-materiels- and equipment-hewe4een
OWN
as-may-be-requifed-by-the-Supplementary-Gonditia of
'r,r*ir'r�, `�-�,5.�'^ r'arLsu{tantsarttFen• ^•'�^�.-�.^^^^^^^.�^F-entiii�
is deemed to have an if........al_ interest and ..hall be -listed -as
O:Laavtc.--e*iac..o*ide..... .l ROO-..gUiF.d 10 he ..ufefi..Sad--aAd
maimn4ned-by-aV44E-Rri -wcc«dame-with-pwmgmptu-S6
coca(wga-atfordad-wilt-[tot-ba-eartealtad-oFmwtrfiwl {y
chai>vau-oFfanawsl-rofusad•until-wE-IrwsFthitty-[lays'-pr;eF
written -notice -has -been -giver[- to-OWNER-mrtd
wham-a-eaft;t-Icate-of-insuamaa-has-baer-issaad-oral-coil I
comaln—waist—pfov;swns—in—acc«dance—with
PffRIUMPh 5.11.
5.9. Ok*vWM shall not be responsible for purchasing
and maintaining any property 'insurance to protect the
interests of CONTRACTOR. Subcontractors or others in
idrnti Ged-irt-tha-t5upplemrntery-Eornlitiore.=Fho-eisk'-o€
by GG�4RAGPDP,
Fs quf i Fing any
s l -loss. end -if- my-af-them-w;sht,s-property-insumnce
covetege-wit}tire-Uee-tim;trerp-sudt-amtwruxeach-maY
puFehasa-writ)-main(air-i-a-UxrpuFshasa>'s-owrra.�cperrse.
5.10. H=GON rGTOI�reEtaesls-irt-wr;Eirg lhat-other
s t
EJCDCGENERN CONDI'110N5191"(1990EJitiml
10
w/ CITY OF FORT COLLINS MODIFICATIONS (REV QR000)
ootlimaitcamaxF�tMrlu«{keEtha-s;ta-all�'�iFsP-s1ieN•;rt
3-FF-1-�Wt�;�wi1EFE'eAFFI&i�`T�l� V IIdiEFiheFBi{
polieie-,purcha6ed-irt-accordance-with-pemgaphs46
„_d < 4 ..:u ... . GkWflxn unarm "G:POn
le ses-snit-dame
--e
h waiver fnay have t
insthmW
payabl -undeFany-p IOYLSID-k%redr .
j.111.1 [H ..d�iiie II�fCQ ........_. all ...'l..o...
Agn;FiSt—GOi`FFF�t\6FG� v.,'t)cExltFnti«�
ofticers-dercv;t«�amptoyeas-nttd-ngams-oFnrt}•-of
thatit-fOF�
less due to b
oF-usa-oF-other-oortsagcremia t-lo:s-extending
brycxtd-d'uect-physical-loss-oF-demega-to
AE#Sing-OUEOFOFF25Uitttlg-ftof _ ft-eFOthaFpeff):
whetheror-no-insured-by-E}V4 TsR,- mid
-4-l."_' _. loss-«-dnmega-io-iha-comptaEad
resallirte ffonrfaa-or-oFhe�;rsured-peril-covered
dunrtg—pan;al—wi Unction—pitramnt—to
paregaph-14. 1: ,-after-Substantial-6umptet;on
purstlari-to-pafagaptt-F-1:8-aFa€teFfvml-paymam
+lay-4&. ans.• paiiGy FnaiFAaiRed by nlrmmR so
llloau!el�
ie__to..-�1_'
60ASegUen4Rj 10M the-InSUfeFS--wi?I--iaVe-:e-Figm--g
re60Fetj'--agaffVA-AHy-Of-:�x�TR% EiR-SFJbaontriwtersr
diFeetem employees and agems 4 any of them.
Receipt and Application of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by .paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of arty applicable mortgage clause and of
paragraph5.13. OWNER shall deposit in a separate
account arty 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 Amendmem
5.13. OWNER as fiduciary shall have power to adjust
and settle any lass with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection 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 sha11 adjust and settle the loss with
the insurers
inter^^ ^I`m-tldusia.;��'�,o;,.a toFthe
Acceptance of Bonds and Insurance; Option to Replace
S.W. If either pefw
OWNER has any objection to the coverage afforded by or
other provisions of the Bonds -or insurance required to be
purchased and maintained by the ether --party
CONTRACTOR in accordance with Article 5 on the basis
of nonconformance with the Contract Documents, tha
objectingparta-shall-se-notify-the other -party OWNER will
nobly CONTRACTOR in writing within urn fifteen days
alter receipt deliv of the certificates (or-other-evidenca
requested) to OWNER as required by paragraph 2.7.
othaFsuch-ndditionn I-iRformntioR-iR-respect-of-insurance
provided-ns-Eha-other-racy-aasonnbly-E2ylrast—i� 21th2F
party-does-not-purchaser-ormeintavrali-uE the-Bonds-atxl
insilmnea-refittired-o�sueh-paEy--by--the-GoltlrRct
writirk-e�k-su2h•faelure-to-purehnse-pries=lo-the-eta rE-eFlhe
R
oF-r2merly-Eha-oth2Fpe rty-racy-2kcHoo-ebtairr-eyuiwalent
Bends-er-iresuranee-lu-pretext-such-oFlierparty�rintetestsal
Ufa-expetae-o€+haper[y-+cho-was-rayuir2d-trrprovida-such
Eonfraet-Ric:e-�eordirtal' Y'
Partial Ua6zation-Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EXDC GENE LAL CONDMOM 1910s (1990 E(ktim)
a'/CITY OF FORT C'OLLINS`.tODMCATIONS(REV 12000)
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
Supentisioa and Superintendence.,
6.1. CON'TiLxcrOIR shall supervise, inspect and
:direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be rice :mry to perform the Work in
accordance with the Contract Documents
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedure of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequenceor
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR' representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as ifgiven 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 ENGNEER
no less than 48 hours in advance of any Work to be
performed on Saturday. Sunday. Holidays or outside the
ReMlar Working Hours.
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, cquipmenL labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance. testing, start-up and completion of the Work.
6.4.1. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are: available for review in the
offices of the Purchasing and Risk NIanagernent
Division or the City Clerk's office.
6.4.2. Cement Restrieiorus: City of Fort Collins
Resolution 91-121 requires that suwliers aril producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of 'good
quality and new, except as otherwise provided in the
Contract Documents All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment tW materials and
equipment shall be applied installed connected, erected,
used cleaned and conditioned in accordance with
instructions of the.applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragmph2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
.W, estcnes). Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto,
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and "Or-Equal"!tents:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
EJCDC GEMER.A; CONDMONS 1910.3 (1990 Edi(m)
1_ w/CITY OF FORT COLLINSMODIFICA(IONS(REV 4n000)
contains or is followed by words reading that no like.
equivalent or "or -equal" item or no substitution is
permitted, other items of material or .equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. '19r-Equal". If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or al"
item, in which case review and approval of the
proposed item may, in ENGMER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items.
6.7.1 ?. Substitute Item: if in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be. considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
FINGINFER liom anyone other than
CONTRACTOR If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment. CONTRACTOR shall fins make.
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTR\CTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicatad The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute including costs of
redesign and claims of other contractors affected
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTORS Ecpense:, All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTKACTOR's expense.
6.7.2. Substitute Comtracnon ,Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents,. CONTRACTOR may furnish or utilize a
substitute. means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER in ENGWEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents
The procedure for review by. ENG[NF,ER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1 2 and 6.7.2. ENGINTEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, instilled or utilized without
ENGINF.ER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNF,R may require
CONTRACTOR to furnish at CONTR:ACTOR's
expense a special performance guarantee or other
surety with respect to any 'or -equal" or substitute.
ENGNEER will record time required by
ENGINEER and ENGNEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to ptnvraphs 6.7.1 2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR. CONTRACTOR shall reimburse
OWINEIZ for the charges of ENGINEER and
ENIGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ anv
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph (.8.2), whether
initially or as a substitute, against whom OWNER or
sL G6MER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
ExVC GENEFLIvL CONDITIONS 1910.3 t I990 Edtim)
WICITY OF FORT COLLI NS xIODIFICATIONS (REV •1r006)
6.9.
CONTRACTOR shall Deform not less than 20
percent of the Work with its own farces (that is
without suboontractine). The 20 percent requirement
shall be undersmod to refer to the Work the value of
which totals not less than 20 percent of the Contmc[
Price.
6.8.2. If-thr—Suppkmentary--6wiEkttons Blddme
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in-advance-o€-the-speei€ted
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER —off -if
accordance with the Sup 'efitfty offiklitiens-,
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
any --sire
suelrsubs hunk rz-end-an- ppFopFlatr-Ghang,rOr&F
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
personsor organization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
ether person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work
6.9. t. CONTRACTOR shall be fully responsible to
OWNER and ENGMTEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's owm acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
Li4(31i PEER and any such Subcontractor. Supplier or
other person or organization, nor shall it create arty
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Caws and Regulations OWNER or ;1rGLNEER may
furnish to anv subcontractor, supplier or other person
or oraanization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S ":Applications Cur PavTnent".
l3
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 irulirect 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 divisiansand actions of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Wort: 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
appprropriate agreement between CONTRACTOR and the
Sub ontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terns and
conditions of the Contract Documents for the benefit of
OWNER andENGINEER-W-h0A8VeF- RAY -sush-GgFeemettt
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 callirp; for the payment of any license fee or
royalty to others, the cxistcnce of such rights shall be
disclosed by OWNER in the Centract Document& To the
fullest extern permitted by Laws and Regulations,
CONTRACTOR shall indemnifv and hold harmless
OWWNER, ENGLKEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, cents,
losses and damages arising out of or resulting from any
in&ingement of patent rights or copyrights incident to the
use in the performance of the Work or resulting Gom the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
14 EXE)CGENEtLV.CONTIATIONS 19193(1990 Erlitiai)
par CITY OF FORT COLLINS ]IODIFICA rIONS (REV,I120061
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditiotr, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective_ Date of the Agreemcnt. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
Investment fees
6:14. Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
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
CONTRACCOR'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
CONNTRACTOR's obligations under paragraph 3.3.2.
Taxes
6.15. CONTRACTOR shall pay all sales, consumer.
use and other similar tares 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.
6.1 i.1. OWNER is exempt from Colorado State and
local sales and use Lases on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
CONTRA 7 must apply for. and receive. a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be vsically incorporated into the project This
Certification of Exemption provides that the
CONTRACTOR shall neither pav par include in his
Bid Sales and Use Taxes on those building and
construction materials physically incorporated into
the protect.
Address:
Colorado Dcpartment of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colomdo, 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 physicallvincorporated into the
r�ro-m are to fie paid by CONTRACTOR and are to
be included inappropriate 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 taws and Regulations,
rights -of way, permits and easements; and shall not
unreasonably encumber the premises with construction
equipmentor other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnity and
hold krrnless 6t4NER.. ENGINEER. TNGINE•ER'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 parry
indemnified hereunder to the extent caused by or based
upon CO.NTRACTOR'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 shalt 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:
EJC'DC GENERAL CONDITIO V'S 1910-5 (1990 Eetitium)
rv! CITY OF FORT COLLINS NIODIFTCA nON5 (REV 12000)
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.J) 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 Drawin&- will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment these
record documents, Samples and Stop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
0.20. 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 oC and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may 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 trews, 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 lass; and stall 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
6.30.3 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 Specificmions
or to the acts or omissions of OWNER or ENGINEER or
ENGINEE•R'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 thefault 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 resporsibitirids for the safety
.and protection of the Work shall continue until such time
as all the Work is completed and ENGNEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Represenmtfve.
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties.
and responsibifities shall bathe 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
Fimffgenciec
6.23. In cmergcnciec 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 ENGNEER
determines tint 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.L CONTRACTOR shall submit Shop Drawing
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawing 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 ENGfNrEER the
materials and equipment CONTRACTOR proposes to
provide and to amble ENGINE -ER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
LNGNEER for review and approval in accordance
with said accepted schedule of Shop Drawing 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
ENG WEER to review the submittal for the limited
16 EXE)CGENFR4L CONDITIONS 191M(1990E WI)
col CITY OF FORT COLLINS MODIFIc.4'rtONS (REV 4P000)
purposes requited by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedure .-
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 pertammg 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 safetypreeautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawing 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 tint CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Document% with respect to CONTRACTOR's review
mid approval of that subm ittal.
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 speeific
notation to be made on each Shop Drawing and
Sample submitted to ENGNEER for review and
approval of each such variation
6.26. ENGLNTEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawing and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGNEERs
review and approval will be only to determine if the items
covered by the submittals will, alter installation or
inoorpcxation 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. ENGfNEER's review and approval will not
extend to mans, methods, techniques, sequences or
procedures of construction (except where a particular
means method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples. for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
LNGI ]EERonprevioussubmittals.
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 ENGINFER's attention to each such
variation at the time of submission as requited by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation!hereof incorporated in or accompanying the Shop.
Drawing or Sample approval; nor will any approval by
ENG WEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is squired by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by FNGINF.ER as
required by paragraph2.9. any related Work performed
prior toF.NGINF.F.R's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuing the !Nark:
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.
630. COr4MICTOR'.s General Piuranty and
Guarantee:
6.30A. CONTRACTOR warrants and guarantees to
OWNER, DiGfNEER and LNG .NEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee heretrnda
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
E1coc:GENER.u. CONDITIOIZ 1010-3 t10v0 ErLuod
cat CITY OF FORT C'OLLI NS NIODIFICATIONS (P LV 42000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by LNGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contact
Documents;
6.30.2.4. use or occupancy of the Work or arty
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 hNG[NEER pursuant
to paragraph 14.13;
6.30.2.7. arty btspectiom test or approval by
others; of
6.30.2.8. any correction of defective Work by
OWN ER.
lndenutifncation:
6.31. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold
harmless OWNER. LINT GUMR� ISIGINEER's
Consultants and the officer-, directors, employees, agents
and other consultants of inch and any of them front 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 \4'exk irsclt), 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 organ cation
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 arty 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 anv 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 organimuion directly or indirectly employed by
17
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 paragraph6.31 shall not
be limited in any way by any limttauon on the amount or
type of damages, compensalion,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 ENGITIFER's Consultants,
officers,directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Sra•vival of Obfigadons•
6.34. .411 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 Agreemenk
ARTICLE 7--OTHER WORK
Reftaed Work at Site:
7.1, OWNER may perform other work related to the
Project at the site by OWNER' own faces, 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 wok 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
(a) CONTRACTOR may make a claim therefor as
provided in Articles I 1 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a parry to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER' 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
1S EJCDCGE-14ULL COVDI'RONS 19108(1990 Edtim)
w/ C1TY OF FORT COLLI MS SIODIFICATIONS tREV •IP000)
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
CONTRACCOR'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 CO, TIRACTOR•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.
Coordnation:
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. theperson, 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 Inve sole authority and
responsibility in respect of such coordination
ARTICLE S-OWNER'S RESPONSIEBILITIES
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 against
whom-60N•FILAEFOR-makes-rto-reasonabk-objeetion;
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due. as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and casements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 3.2 refers to OItNER's identifying
and making available to CONTRACTOR topics of
reports of explorations and tests of subsurface conditions.
at the site and drawings of physical conditions in existing
RU ® RLI Surety
P.O. Box 3967 1 Peoria, IL 61612-3967
Phone:(800)645-2402 I Fax:(309)689-2036
w .rlicorpeonn
Know All Men by These Presents:
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Gary A Pyne Robert F. White Shari L Bowers Robert N Oster, raig Bancroft, Stephen M. Mutscheller Joshua B. Hauserman jointly or
in the City of Hunt Valley , State of Maryland its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for
any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the
Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 30th day of June , 2010
State of Illinois
SS
County of Peoria
rPw°O"'t rp
SEAL
On this 30th day of June 2010 , before me, a Notary
Public, personally appeared Roy C. Die , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and acknowledged said instrument to be
the voluntary act and deed of said corporation.
By: blvjL�7
Cherie L. Montgomery r 0 If Notary Public
"OFFICIAL SEAL"
CHERIE L. MONTGOMERY
o�
"„V.. COMMISSION E%PWES 02/03/12
RLI Insurance Company
By:
Roy C. Di Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attorney is in full force and effect and is irrevocable; and
furthermore, that the Resolution -of the Company as set forth in the
Power of Attomey!}s,p&V-in force:., In testimony whereof, I have
hereukto, set in tlattd`pnd'tlie•seal gf'the.RLI Insurance Company
this d_day- of4
} : (; p^"owe ' • •'• 1'7'
RLI Insm
By:
Roy C.
1914324030110
Vice President
A005 207
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
and maintaiiiirig liability and Property insuraiaw Rime se
fort}riErpm-oWaph53-5-througjt-5-IFk
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 13.4.
8.8. In connection with OWNERs right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 152 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. 'rhe 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 Regulation:
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
8.10--OWNER's-responsibility--in- respect-of-twdi ,cleszd
..best,,. ors_ n_«_e_._ u__._a_.._ nr__..
Radieoetite Mated-er-re.. aledfit the site
F. r,...r.orth in pafegraph 14T
8.11. if and to the extent GW?�R lies agreed to f6f�e
rnweTR ..,.ti .U.�I
oFEangemants—k�ca—born—mach—to—sat isfy—Oft-'uER's
F25perlSlblllN-ItI-R`SpCCFFheEc'O�wlii-lH-a9-S2FfJHlt-at-tiH
Supplementnry-Conditions
ARTICLE. 9—ENGIuN-EF.R'S STA'PUS DARING
CONSTRUCTION
OlkiVER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGNEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be exund cd without written consent of OWNER
aril 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
e\parienced and qualified design professional the progress
EJCDCGh,NEKAL CONDIMONZ.; 19103 (1990 Edtiar)
W IYOF FORT COLLINSMODIFICATIONS(REV-1r000)
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.
24GDIEER 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. ENG2IEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against dzjective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTORs Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONIRACTOR'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. 'ncc responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
Iztragmphs 9.3 and 9.13
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER'S Consultant,
,agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in p,lragrap_FL23
of these General Conditions If the E'NGMER furnishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representativz
or agent, all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subject to the following:
9.3.1. The Representative's dcalines in matters
pertaining, to the on -site work will in gzneral, 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 a
with the full knowledtre and approval of the
CONTRACTOR:
93.2. Duties and Responsibilities. Representative
will:
9.3-2.1. Schedules - Review the progress
we
schedulc and other schedules prepared by the
CONTRACTOR and consult with the
Eli iGD= concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, ero� meeting
and other iob conferences and prepare and
circulate MRIC3 of minutes of meetings.
9.3 2.3. Liaison
93.2.3.1. Serve as ENGNEER'S liaison
with CONTRACTOR workimt printcipaUy
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in undersrandina
the Contract Documents:
9.3.2.3.2. Assist in obtawrw_ from OWNER
additional details or information when
rewired, for proper execution of the Work.
93.2.3.3. Advise the ENGNEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
maple submission if the submission has rvi
born approved by the ENGNEER
93.2.4.Review of Work, Dejection o(Qefecve
Work- Inspections and'rests -
9.3.2.4.1. Conduct on -site obscrvatioms of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Document&
9.3.2.4.3. Aceom�anv visiting insvectors
representing public or other agencies hayinG
jurisdiction over the Project. record the results
of these inspections and roport to the
LNI GNEER
93.2.5. Interpretation of Contract
Documents. Report to ENGNEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and mterpretati
of the Contract Documents as issued by the
ENGNEER.
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
9O EJCDCGENE[LALCONDITIONS 191"(1990Etitiaa)
w/ CITY OF FORT COLLINS JIODIFICATIONS (REV •1R00a)
modification in Dmwines or Specifications and
report these recommendations to ENGNEER.
Accurately ttansnit to CONTRACTOR
decisions issued by the ENGINEER
9.3.2.7. Records.
9.3.2.8, RzWru.
9.3.2.8.1. Furnish ENGNEE•R periodic
reports, as required of the progress of [he
Work and of the CONTRACTOR'S
c t»pliance with the tLo ess sc edu c a d
schedule of shoo Drawing and sample
m ttal .
9.3?.8.2. Consult with ENGINEER in
advance of scheduling_ major testy
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft pr000sed Chartee Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGNEER Change
Orders Work Directive Chances and field
orders
9.3.2.8.4. Report immediately to
ENGNEER and OWNEP the occurratoe of
anv accident.
9.3.2.9. Payment Requests. Review applications
for gavmcnt with CON"rR.ACTOR for compliance
with the established procedure for their
submission and Forward with recommendation to
ENGNEER noting Particularly the relationship of
the rayment requested to the schedule of values,
work completed and materials and cgo' dent
delivered at the site but not incorporated Tent
Work.
9.3.110. Completion
9.3.2.10.1. Before ENGNEER issues a
Certificate of Substantial Completion. submit
to CONTRACTOR a list of observed items
retuuina correction or completion.
9.32.10.2. Conduct final inspection in the
oomixmv of the ENGINEER OWNER and
CONTRACTOR and pelme a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
93.3. Limitation of Authority: The Representative shall
WE'
9.3.3.1. Authorize anv deviations from the
Contact Documents or accent any substitute
materials or a itipment, unless authorized by tht
ENGINEER
93:32. Exceed limitations. of ENGNFER'S
authority as set forth in the Contract Documents.
9.3.33. Undertake anv of the respomibilitics
of the CONTRACTOR. Subcontractors. or
CONTP,ACTOR'S superintendent
9314. Advise ort or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such i
specuicaliv called for in the Contract Documents,
9.3.3.5. Advise on or issue directions
reearding or assume control over safety
precautions and programs in connections with the
wort`
9.3.3.6. accept Shoo Drawings or sample
submittals from anvone other than the
CONTRACTOR
9.3.3.7. Authorize OWNER to occupv the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
emcetx as specifically authorized by the
LNGNEER
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EXVCGEN'E ALCONDMONS 191M(1990 E(fidal)
evl CITY OF FORT COLLINS MODIFICATIONS (RLV',1r000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable fmm the Contract Documents Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Tunes and the parties are unable to agree
to the amount or extent thereof if my. OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I 1 or Article 12.
.Authorized Mariafions in Rork.
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contact Price, or the Contract Tunes and are compatible
with the design concept of the completed Project as a
loncticrung whole as indicated by the Contact
Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract "rimer and the parties are unable to agree as
to the amount or e�tem thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I I or 12.
Rejecting Defective Work*:
9.6. ENGMTFER will have authority to disapprove a
reject Work which ENGINEER believes to be defective,
or that ENGNEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as n functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is ftbriaited, installed or completed
Shop Drawings, Change Orders and Pgrments
9.7. In connection with ENGE\ZER's authority as to
Shop Drawings and Samples, we paragmphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGLvMERs authority as to
Change Orders. see Articles IQ 11. and 12.
9.9. In connection with ENGNEER's authority as to
Applications for Payment, we Article 14.
Determinations for Unit Price.&
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. a�012N ER will review with
CONTRACTOR the EN tGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an :lpplicntion
21
for Payment or otherwise). ENGNEER'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 ENGNEER's decision and () an
appeal from ENGINEER's decision is taken within the time
limiwand 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(i) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a fonim of competent jurisdiction to
cx=ise such rights or remedies as the appealing party may
havewith respect to FNGNEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9.11.
Ded ions on Disputes.
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 1 I and 12 in aspect of
changes in the Contract Price or Contract Times will be
referred in
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 ENGNEER 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 ENGNEER's
written decision on such claim, dispute. or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from 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 O�Wi GR 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 ENGNEER'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
EICDC GENER.V. CONDMONS 1910 s (t 990 EMUI)
-- colOTYOFF'ORTCOLLINSMOMICNI ONS(REV 4R000)
decision- unless otherwise agreed in writing; by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
parngtaphs9.10 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 arty which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.I5) 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 matterypursuant -to Article 16.
9.13. Limitations on ENGMEER's Authority and
Respnnsibifides:
9.13.1. Neither FNGINEER'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 responsbility by FNGNEER shall create, impose
or give rise to any duty owed byE1i IGNFER 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. FNGNEER 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. FNGE EER 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, am Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGWEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions. schedules
6umanlees, Bonds and certificates or 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.
9.135. 'rhe limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGTNEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CH,4NGFS [N THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety. OWNER may at any time or from
time to times order additions, deletions or revisions in the
Work. Such additions, deletierts or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of arry 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 I 1 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 3.3 and 3.6, except
in the case of an emergency as provided in paragraph 6.213
or in the cam 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. I, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14. or (iu) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.1 1;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from anv 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.
IOS. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCOC:GENEELAL CONDITIONS 1910-3 (1000 Edum)
a'J CITY OF FOKr COLLINSMODIFICATIONS (REV •12000)
(including, but not limited to. Contract Price or Contract
Times) is required by the provisions of any Bond to be
yriven 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.
ARTICLE II —CHANGE OF COI`ITRACT PRICE.
11.1. The Contract Prig 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 atCONTRA(TOR's expense
without change in the Contract Price.
112. 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
clam with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
F.NGNNEF.R 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.l 1 if OWNER and
CONTRACTOR canna 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 112.
1 L3. The value of any Work covered by it Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
l 1.3.L 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 1 L6.2):
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 CONT'RACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of the IVork'
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 in amounts no higher than those prevailing in the
locality of the Prcjcct shall include only the following
items and shall not include any of the costsitemized in
paragraph 11.5:
t 1.4.1. 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
superintcndcnts, foremen and other personnel
employed full-time at the site. payroll costs for
employees not employed lull -tune on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall ineluderbuFnex be limited to;
salaries and wages plus the cost of fringe benefits
which shall include social secrtrity contributions,
unemployment excise and payroll tares, workers'
compensation, health and -retirement benefits; bonuses;
applicable thereto.
The cxpemses of performing Work alter 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 aril 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 ease the cash
discounts shall am --rue 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 0 WN ER,
EICDCGE`'MkLCONDMONS 1910-S(1990 Ertilim)
_4
«'/ CITY OF FORT COLLINS MODIFICATIONS (ltEV JC0001
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 CONTRACTOPVs
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5. 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
riot limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The roporion of necessary
transportation, traverand subsistence expenses of
CON RACTOR'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
IIA.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 pans 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.
11.4.55. 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.
11A.5.6. Losses and damages (and related
expenses) caused by damage to the (Work riot
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
lasses and damages within the deductible mounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
igence of CONTRACTOR, any
Su contractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. IC however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thcreoC
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 1 1.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.3. Minor expenses such as telegrams,
long distance telephone -calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONCRACTOR's officers, executives. principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants. purchasing and contmcting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONITR.ACTOWs principal or a branch office for
genemI administration of the Work and not specifically
included in the agreed upon schedule of jab
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4-all of which
are to be considered administrative costs covered by the
CONCRACTOR's fee.
1 L>.2. Expenses of COiN'f R\CTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCW GENrMAL CONDITIONS 19103 (1990 Edtiva)
n! CIIY OF FORT COLLINS MODIFICATIONS (REV -I0000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to. the correction of defective Work,
sal of materials or equipment wrongly supplied
aryJ making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
i .6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed Fee; or
11.6.2. if a fixed fee is riot agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR' fee shall be fifteen percent;
11.6.2.2. for costs incurred under
pamgmph 11.4.3, the CO\TRACTOR's fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.21 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier.
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that arty higher tier
Subcontractor and CONTRACTOR will each be
Raid afee-ct�fiva-pareeart-oFthaemFwnt-paid-to
the -next -lower tierSubeontmcton to be negotiated
in good faith with the OWNER but not to exceed
five Nrcent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, t 1.4.5
and t l .5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by in amount.
equal to live percent of such net decrease; and
11.6.2.6. when both additions and credits are.
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs 11.4 and 11.5.
CONTRACTOR will establish and maintain records
thereof in accordance with gernerally 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 fiznished 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, installationcovts, 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 &NGINEFR to reflect actual
amounts due CONTRACTOR on account of Work coveted
by allowances,. and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price IVork.-
11.9.1. Where the Contract Documents provide that all
or part of the Work is to.be Unit Rice 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 die Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison oCBids and determining in initial Contract
Price. Determinations of the actual quantitiesand
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with pamgraph 9.10.
11.9:2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTORS 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 I 1 if.
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR .differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement,
_6 EICDCGENER.4L CONDITION'S 191(M(199PEytial)
wt CITY OF FORT COLLINS MODIFICATIONS (REV,1020001
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 isentitled to a decreasein.Contract Puce
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 deleteitems in
the. Bid or change quantities at OWNFRS sole
discretion without affectingtheContract Price of
anv remaining item so long as the deletion or
addition does not exceed twenty-five percent oC
the original total Contract Price.
ARTICLE 12--CHANGE OFCONTRACTTENIFS
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
'AIL shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but m 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 ctaimanes 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 Tunes (or Milestones) shall be determined by
ENGINEER in accordance with paragraph9.11 of
OWNER and CONTRACTOR cannot othenvise agree.
No claim for an adjustment in the Contract Tames (or
ivfilestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12-2. All tune 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 1 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
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
124. 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 CONTRACTORS sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONITRACTOfz 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, furs, Ilood% epidemics, abnormal weather
conditions, acts of God or actsorneglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13—TESTS MN0 INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFF.CPI4'E REMOVALRK
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 Wok may, be rejected,
corrected or accepted as provided in this Article 13.
. Access to Work:
B 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
reasonable —times for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTR:ACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections
133. 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:
13.4.1for inspections, tests or approvals covered
by paragraph 13.5 below..
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 119
E1CDCGENMAL CONUMONS 1910-3 (1994) Edtiad
W/ C11Y OF FORT COLLINS ,%toDIFic k rioNNs tREv 1(30aa)
below shall be paid as provided in said
paragraph 13:9; and
114.3. 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
uncoveredfor observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRAC:fOR's expense- unless
CONTRACTOR has given FNGINEER timely notice of
CONTRACTOR's intention to cover the sane and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.3. 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 F.NGINF,ER 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 limitedto 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
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and it the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles I I and 12.
O W.VER May Stop the Work.
13.10. [f the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to fumish 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 Remoanl ofDefecdve 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; casts, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period•
13.12.L If within one-year 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 accordancewith OAWi ER's written
instructions: (i) correct such cfectve 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 riot 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 it particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work the
correction period for that item may star to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.123. Where defective Work (and damage to other
EXI)C OENEFLAL CONDMONS 191M (1990 E06m)
2$
cot CITY OF FORT COLLINSMODIFICATIONS (REV JC0001
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 erw yeeF
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
ENGNEER's recommendation of final payment, also
ENGINEER) prefers to accept it; OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damnges 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 aspect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and if the parties are unable to agree as to
the amount thereof; OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to.OWNER.
OWNER bfav 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 1.3.1 I, 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 arty such
deficiency. In exercising the rights and remedies under
this paragmph 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 CONTR\CTOWs 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 OW/NER's
representatives, agents and employees. OWNER's other
contractors. rand ENGLN'EER and ENGCNEER'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 thercof, OWNER may make a claim therefor
as provided in Article I I. Such claims, costs, losses and
Biohabitats
;... W.,., ..a,..�,..
Southum Rocky \lountun Biompon
1732 W vcc St,ca, Suiw 209
Ucnceq CO 80202
303 477-0660 303 477-4648 fib
�wzc.hiohxbititsann
April 25, 2011
Mr. Rick Bachand
Environmental Program Manager
Fort Collins Natural Areas Program
PO Box 580
Fort Collins, CO 80522-0580
RE: McMurry Restoration Construction
Biohabitats Proposal No. 11912.01
Dear Mr. Bachand:
This proposal letter is in response to the City of Fort Collins recent request for Biohabitats to
construct the Phase I restoration project at McMurry Natural Area based on the design plans we
have been developing with the City.
SCOPE OF WORK
Biohabitats will assume complete responsibility for the construction of the project. Biohabitats
will manage and oversee construction to ensure implementation conforms to the design -build
documents and this scope of work.
1. Pre -Construction Meeting & Design Finalization
This task covers the pre -construction planning meeting held on 4/7/201 1. At this meeting,
Biohabitats and City staff reviewed the construction plans and conducted a plan -in -hand site
review. Following the meeting, Biohabitats prepared the attached final set of design -build plans
for construction. These plans incorporated the following significant changes that were discussed
including: revisions to planting zone locations; removal of a designated fishing access on the
south side; combining the tree and shrub clusters to reduce maintenance issues; and addition of
grass plugs to the willow and cottonwood zones. Adjustments to plant species were then made
to the planting schedule based on the new areas and nursery availability. Once the final plan was
complete, it was submitted with the Right-of-way application to Western Area Power
Administration (WAPA) to gain access under the on -site power line (and we are awaiting their
license agreement).
damages will include but hot be Iunited 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 Mall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Wort: attributable to the exercise by OWWER of OWNER'S
rights and remedies hereunder.
ARTICLE 14—PAYNIFANTS TO CONTRACTOR AND
COMPLETION
Schedule of 6afuet•
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 EN-GNEER Progress payments on
account of Unit Price Work sill be based on the number of
units completed.
Application for Progren 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 ENGLNEIR 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 rLtainagc with
respect to progress payments will be is stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall net be subiect to substitution by the CONTRACTOR
with securities or env arrangements involving an emTow or
custodiansh p. By cxmtting the application for payment
form the CONTRACTOR expressly waives his rich[ to the
benefits of Colorado Revised Statutes Section 24-91-101,
et seq.
COVTR4CTOR's Mcttrnnty ofTille.
14.3. CONTRACTOR warrmts 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 of.4ppliealions for Progress Payment,
14.4. ENGLN-EER will. within ten days after receipt of
each application for Payment, either indicate in writing a
EICDCGEN'l iILLCONDITIOVi19I0S (1990 E6tiaa)
%V/ CITY OF FORT COLLI VS MODIFICATIONS (REV-12000)
recommendation of payment and present the Application
to OW BIER or return the Application to CONTRACTOR
indicating in writing ENGNEER'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 R with [NGINEER'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. ENGINEFR's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINFFR to OWNER, based on
ENGNEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGNFER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief.
l41l. 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
pamgmph 9.10, and to any other qualifications stated
in the recommendation), and
14.53. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGNEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) txhaustivz 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 (it) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWWER to withhold payment to CONTRACTOR
14.6. ENGNEGR's recommendation of any payment,
including final payment. shall not mean that ENGINEER
is responsible for CONTRACTOR's mearts, methtxls,
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 ftrnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14,T ENGINEER may refuse to recommend the whole
or any part of any payment if. in E GNEER's opinion it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or; because of
subsequently discovered evidence or theresults of
subsequent inspections or tests, nullify any such payment
previously recommended to such extent as may be
necessary in ENGFNEEWs 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
dajrctive 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 tlx: full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or famishing
of the Work,
14.7.6. Liens have been tiled in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended or
14.7.5. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 143.3 or paragraphs 152.1
through 15.2.4 hnhclushvc;
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.S. When CONTRACTOR considers the entire Work
ready Cor its interxW 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 ENGI =- 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
ECDCOENWELCONDITIONS 1910,3(1990 ELition) 30
wI CITY OF FORT COLL[ NS J10DIF[CA'r1ONS (REV 40000)
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
corsidenry 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 ENGINEERbelievesjustified 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, maintmance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and m inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGNEER'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 Ufilizatiorc
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) Ivns
specifically been identified in the Contract Documents, or
(u)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 sign ficant interference with
CONTRACTOWs performance of the remainder of the
Work; may be accomplished prior to Substantial
Completion ofall the Work subject to the following:
14.10.LOVWi ER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be really 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.
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'affer either
such request, 01Wi-ER 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 par of the Work to
be substantially complete. ENGINEER will notify
OWNER aril 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:
14.1 L Upon written notice from CONTRACTOR that the
entire Work or an agree portion thereof is complete,
ENGINEER will make a final inspection with OWNER
arced CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies
Final: 1pplication 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
maimervance and operating instructions, schedules,
guarantees. Bonds, certificates or other evidence of
amrrance required by parngr<iph5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph6.19) 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.A.13,
(a) consent of the surety, if any, to final payment and
(ai) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could by filed, and (ii)all payrolls.
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
EJCDCGENERAL CONDITIONS 191" (1"0 E6tim)
rv! 01Y OF FORT COLLINS MODIFICATIONS {REV -1!!000)
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 suretv to finalize oavment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Proiect manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENGi1NEER's observation of
the Work daring 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 fatal Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for paymcnL 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 masons 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 suhiect to taraamnh 17.62 of these
Genem�on 'tiqn�.
14.14. If, through no fault of CONTRACTOR final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OAINER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGLNEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and acceped. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in pomgmph 5.I. the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
:Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not coretitute a waiver of
claims.
Maiver ofClainm
14.15. The making and acceptance of final payment will
constitute:
14.IS.l.a waiver of all claims by OWNER against
CONTRACTOR except claims arising from
unsettled Liens, from defective Work appearing after
31
final inspection pursuant to paragraph 14.11. from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, ur
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 IS—SUSPE:.N5ION OF WORK AND
TERMINATION
OWNER Aluy Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resume. 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 approval claim therefor as provided in
Articles l l and 12.
OWNER Slay Terminate.,
15.2. Upon the axurrenoc 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 DocumenLs
(including. but not limited to, failure to supply sufficient
skilled workers or suitablematerials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 is 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, alter 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 tram the site
and take possession of the Work and of all
CONTRACTOR's toots, 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
UC1XOE;tF2.1L, CONDITIONS 191943 (1990 Eth ia:)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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, casts,
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 fait 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; tmd
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 SfayStop Work or Terminate:
15.5. IC through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on env Application
fur Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
suns 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 Feragaph 15.4.
terminating the Agreement and with In lieu of teout prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days alter it
is submitted or OWNER has faded for thirty days to pay
CONTRACTOR any sum Emily 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 I I and l2 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 EuhibitGC-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
Fights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MSCELLANNEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been vabdly given if delivered in person to
the individual or to a member of the Ern, 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.
EtCDCGENEK.AL CONDMONS 191" tl7Ja Edtim)
w/CITY OF FOK'r COLLI.'ZhtODIFICATIONS(REV U2000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3. shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumularive 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, 631, 632, 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 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 paragaph 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 f New and Cour! Costs Included-
175. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be lim iced 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 apgl tY o this
A;reeament. Reference to two pertinent Colorado statutes
are as to lOWS:
17.6.1. Colorado Revised Statutes (CRS 5-17-101)
reouire that Colorado labor be emploved to pertomt
the Work to the extent of not less than SO ea rcm
(80%) of each tvpe or class of labor in the several
classifiutiom of skilled and common labor emploved
on the oroiect. Colorado labor means anv person who
is a bona Ede resident of the State of Colorado at the
time of cm ilolovment without discrimination as to race,
color, creed ace, religion or sex.
1762 If a claim is filed OWNER is required by
law (CRS 3826-107) to withhold from all tevments to
CONTRACTOR sufficient funds to insure the
pavmtent of all claims for labor, materials, team hire,
sustenanceprovisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
34 EJCDCGENERA3 LCONDI'LIONS 1910(1990 Eti(im)
w/ CITY OF FORT COLLI M MODIFICATIONS (REV 4C0001
CChis page Icft blank intentionally.)
EJCDCGENIIiAL CONDIIlONS 1910-5 (1990 Ed im)
n•! CITY OF FORT COLLI N'S MODIFICXIIONS (REV -I2000)
EJCDC GENER:V. CONDI'RONS 19105 (1990 Ediliai)
36 wl CITY OF FORT COLLINSbIODIFICA'nONS(REV,120001
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGRMIEYT
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. At 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 beat 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 lndustry Arbitration
Rules of the American Arbitration Association then
obtain 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 tic 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
ENGNEER 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 ENGNEER'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 ENGNEER
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 he
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 162 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.
ErCDC OE.'IEKAL CONDITIONS 191 os (1990 Etbuau
wI CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
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, joirdcr or in any
other manner any other person or entity (including
ENGINEER, ENGINMes 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
,pacifically identified in such consent.
16.5. Notwithstanding paragraph 16A, 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 uwolving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
cTeale any claim, right or cause of action in favor of
Subcontractor and against OWNER ENGINEER or
ENGfNEER'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 thereoC 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
:kbitmtion Association prior to either of them initiating
auamst 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 panics.
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
shalt not serve as arbitrator of such dispute urless otherwise
aureed.
oaAl
EfCDC GENERAL COCDCfIONS 1910-S (1990 E(filim) GC•.4l
,0 CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
2. Construction
2.1 Construction Administration
Successful implementation of the project will require a number of administrative tasks such as
material procurement, site controls, project management, communication, and inspections. As
part of this task, Biohabitats will be responsible for arranging utility clearances, health and safety
planning, and erosion and sediment control.
Material Procurement: We will identify and order materials required for construction including
plant material, topsoil, mulch, and materials for goose exclusion and beaver caging. To the extent
feasible, we will look for ways to facilitate the use of local resources and or salvage/reuse
materials the City may have in stock.
Erosion & Sediment Control: Erosion control measures are expected to be minimal as there
should be little stockpiling and any runoff will likely flow into the pond. Timing of topsoil
delivery will be scheduled to minimize any onsite storage; in the unlikely event that unused
topsoil is temporarily stockpiled more than a day, silt fencing will be placed along the
downstream edge of the pile. Additional details are provided in the Stormwater Management
Plan included in the final design plan.
Project Management: Biohabitats recognizes the need and value of meeting established schedules,
adhering to budgets, and meeting project expectations. The Project Manager, Claudia Browne, will
be responsible for the overall project administration including staffing, budget tracking and
compliance, subcontractor control, and meeting our scope commitments. If issues arise, she can
recommend and initiate solutions and require they are implemented appropriately.
Communication: Biohabitats will hold a team meeting onsite prior to beginning earthwork to
discuss site conditions, health and safety considerations, and expectations with subcontractors
and the City project managers, Rachel Steeves or Rick Bachand will attend the team meeting at
the beginning of each week (scheduled for Tuesday morning to accommodate the City's
availability) to discuss project progress.
Biohabitats will prepare a Daily Construction Log to document work completed each day. The
logs will include a record of any communications that occur with site visitors and any notes on
minor adjustments that are made in the field. A project notebook with the complete set of logs
will be kept onsite for City staff reference during site inspections. Copies of the logs from the
preceding week will be provided to the City project manager at the weekly team meetings.
In addition to the hard copies of the logs, Ms. Browne will provide a progress email at the end of
each work day or start of following day to notify City managers of project progress and issues.
Ms Browne will be the point person for on -site staff and relay key communications to Rick
Bachand and Rachel Steeves. Ms. Browne will also be available by telephone "24-7" throughout
the project to discuss any concerns, and she will provide written understanding of the resolution
in the daily follow-up emails.
Inspections: After rough grade excavation is complete and prior to planting, Biohabitats will
meet with the City during a preliminary excavation inspection of the project to create a punch list
of follow-up items. Once the city "signs off' on the grading, planting will occur. A preliminary
and final inspection after planting will be conducted to review conditions and site cleanup.
2.2 Construction
Site Preparation & Soil Sampling. At the outset of the construction phase, we will complete
the initial stakeout of the floodway, project work area, benchmark elevations, and grading
zones, and arrange for the utility clearances. As we've discussed, the City will be responsible
for posting public notices of the project and communicating with adjacent landowners. The City
will also provide the orange blaze construction fencing and T posts for the contractor to install
around the project area. As requested, through trails will remain open on the north and south
sides of the property, with the exception of temporary closures (e.g., as needed to ensure safety
when equipment is near the edge of the fencing).
Four soil samples will be collected before grading to confirm the expected conditions after
grading and assist with final planning of topsoil needs. Test pits will be made in 2-3 locations
(e.g., on the west, north and east side of the pond) to an approximate depth of 4-5 ft to observe
depth to ground water and subsurface soil texture (of material to be exposed during grading). A
composite sample will be collected from two pits, at depths representative of soils to be exposed
at final grade. A representative sample of the purchased topsoil to be imported will also be
tested. A composite sample from a reference location (on the south side of the pond) will also
be submitted for characterization to compare to the topsoil to be imported. The samples will be
submitted to the CSU soil laboratory for a routine soil test including: pH, electrical
conductivity, percent organic matter, and macronutrients. Should the soil sample of the
imported topsoil suggest a potential deficiency, we will work with the City to discuss type,
volume, and timing of amendment and how to adjust the fee estimate (e.g., through reduced
topsoil volume or adjustment to another scope item) to accommodate the project budget.
Grading. During earthwork activities, Biohabitats team will have up to two operators onsite as
well as a construction supervisor to guide the operators and check elevations using a laser level.
Additional equipment will include a backhoe, skid steer, loader, and dump truck to assist with
transporting and placing material across the site. This arrangement will increase efficiency and
allow the earthwork to be completed faster and thereby facilitate timely planting. Grading
activities will be completed in accordance with the approved plan to create the desired planting
areas. Please note that planting zone elevations above the water level on the plans are
approximate, and Biohabitats may instruct the operators to modify a planting zone to provide
diversity or to adjust for actual conditions.
During earthwork, the supervisor role may be filled by Mike Lighthiser or Vince Sortman. The
supervisor will complete the Daily Construction Lou for each site visit and will be responsible
for daily communication with Ms. Browne. Heavy equipment impacts will be minimized
during implementation by utilizing the proposed access routes, thereby avoiding disturbance to
existing vegetation. To the extent feasible, we will minimize multiple passes once new grades
have been established.