HomeMy WebLinkAboutBID - 7360 AVERY HOUSE RE-ROOFCity of
F6rt Collins
Purchasing
ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of BID 7360: Avery House Re -Roof
OPENING DATE: 3:00 PM (Our Clock) April 2, 2012
Financial Services
Purchasing Division
215 N. Mason St. 2n4 Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
Icgov. com/purchasing
To all prospective bidders under the specifications and contract documents described
above, the following changes/additions are hereby made and detailed as follows:
• In order to expedite the project the City of Fort Collins will purchase the
cedar shingles. Do not include shingles in your bid.
• Shingle width is limited to 4" minimum to 10" maximum.
• Contractor to provide a 5 year minimum "water tightness" warrantee.
• Sheet flashing materials can be 26 gauge ASTM Berridge Galvalume or equal,
instead of 24 gauge.
• The existing copper flashing material on the turret can be replaced with either
galvanized metal or copper.
• Extend eave/ ice dam protection membrane 36" around the perimeter of the
building and one continuous 36" width sheet 18" each side of the valleys.
Addendum to item number 3.02 D.
• The existing wood cedar shingles shall be recycled at a site approved by the
City. Existing metal flashing shall be collected by contractor and the City will haul
off to City recycle bins.
• Single ply membrane allowed on the flat roof section will be either white EPDM or
TPO roofing.
Please contact John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 with
any questions regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN
STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS
ADDENDUM HAS BEEN RECEIVED.
Addendum 1 — 7360 Avery House Re -Roof Page 1 of 1
City of
F6rt Collins
Purchasing
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
AVERY HOUSE RE -ROOF
BID NO. 7360
Financial Services
Purchasing Division
215 N. Mason St. 2"d Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgo v. com/purchasing
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
APRIL 2, 2012 — 3:00 P.M. (OUR CLOCK)
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids
00020-1
- 00020-2
00100 Instruction to Bidders
00100-1
- 00100-9
00300 Bid Form
00300-1
- 00300-3
00400 Supplements to Bid Forms
00400-1
00410 Bid Bond
00410-1
- 00410-2
00420 Statements of Bidders Qualifications
00420-1
- 00420-3
00430 Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms
00500-1
00510 Notice of Award
00510-0
00520 Agreement
00520-1 - 00520-6
00530 Notice to Proceed
00530-1
00600 Bonds and Certificates
00600-1
00610 Performance Bond
00610-1
- 00610-2
00615 Payment Bond
00615-1
- 00615-2
00630 Certificate of Insurance
00630-1
00635 Certificate of Substantial Completion
00635-1
00640 Certificate of Final Acceptance
00640-1
00650 Lien Waiver Release (Contractor)
00650-1
- 00650-2
00660 Consent of Surety 00660-1
00670 Application for Exemption Certificate
00670-1
- 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions 00700-1 - 00700-34
Exhibit GC -A GC -Al - GC-A2
00800 Supplementary Conditions 00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-4
SPECIFICATIONS
SECTION 00020
INVITATION TO BID
SECTION 00020
INVITATION TO BID
Date: March 15, 2012
The City of Ft Collins is requesting bids for roof replacement, gutter replacement and
brick chimney re -pointing at the historic Avery House located at 238 West Mountain
Avenue per the attached specifications. The contractor must demonstrate successful
experience in working on historic architectural buildings, and in the completion of forms
and reports required by the Colorado Historical Society.
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as
OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on April 2,
2012, for the Avery House Re -Roof; BID NO. 7360. If delivered, they are to be
delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If
mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received
will be publicly opened and read aloud.
All Bids must be in accordance with the Contract Documents on file with the City of Fort
Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
A prebid conference and job walk with representatives of prospective Bidders will
be held at 10:00 AM, on March 21, 2012, at the Avery House, 328 W. Mountain
Ave., Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at
this meeting.
The Contract Documents and Construction Drawings may be examined online at:
• City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of
General Conditions. Substantial Completion of the Work is required as specified in the
Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment
Bond guaranteeing faithful performance and the payment of all bills and obligations
arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for
opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities
and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid
in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision -making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
City of Fort Collins
James B. O'Neill, II, CPPO, FNIGP
Purchasing & Risk Management Director
SECTION 00100
INSTRUCTIONS TO BIDDERS
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the
meanings assigned to them in the General Conditions. The term "Bidder" means
one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a
Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified,
responsible and responsive Bidder to whom OWNER (on basis of OWNER's
evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" includes 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).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents may be
examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and
00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available on
the above terms, do so only for the purpose of obtaining Bids on the Work and do
not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit
at the time of the Bid opening, a written statement of qualifications including
financial data, a summary of previous experience, previous commitments and
evidence of authority to conduct business in the jurisdiction where the Project is
located. Each Bid must contain evidence of Bidder's qualification to do business
in the state where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be prepared
on the form provided in Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered:
(1) The ability, capacity and skill of the bidder to perform the contract or provide
the services required, (2) whether the bidder can perform the contract or provide
the service promptly and within the time specified without delay or interference,
(3) the character, integrity, reputation, judgment, experience and efficiency of the
bidder, (4) the quality of the bidder's performance of previous contracts or
services, (5) the previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the service,
(7) the quality, availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future maintenance
and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of the
contract.
3.3. Each Bidder may be required to show that he has handled former Work so
that no just claims are pending against such Work. No Bid will be accepted from
a Bidder who is engaged on any other Work which would impair his ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with
the City or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine
the Contract Documents thoroughly, (b) visit the site to familiarize himself with
local conditions that may in any manner affect cost, progress or performance of
the Work, (c) familiarize himself with federal, state and local laws, ordinances,
rules and regulations that may in any manner affect cost, progress or
performance of the Work, (d) study and carefully correlate Bidder's observations
with the Contract Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of:
Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by
the Contract Documents, and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be issued
only by Addenda. Questions received less than seven days prior to the date for
opening of the Bids may not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER
as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be in the
form of a certified or bank cashier's check payable to OWNER or a Bid Bond on
the form enclosed herewith. The Bid Bond must be executed by a surety meeting
the requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder
has executed the Agreement and furnished the required contract security,
whereupon Bid Security will be returned. If the successful Bidder fails to execute
and deliver the Agreement and furnish the required contract security within 15
days of the Notice of Award, OWNER may annul the Notice of Award and the Bid
Security of that Bidder will be forfeited. The Bid Security of other Bidders whom
OWNER believes to have reasonable chance receiving the award may be
retained by OWNER until the earlier of the seventh day after the effective date of
the Agreement or the thirty-first day after the Bid Opening, whereupon Bid
Security furnished by such Bidders will be returned. Bid Security with Bids which
are not competitive will be returned within seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is indicated
on the Drawings or specified in the Specifications that a substitute or "or equal"
item of material or equipment may be furnished or used by CONTRACTOR if
acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the "effective date of the Agreement". The procedure for
submittal of any such application by CONTRACTOR and consideration by
Engineer is set forth in the General Conditions which may be supplemented in
the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430
contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to
any proposed Subcontractor, either may, before the Notice of Award is given,
request the apparent successful Bidder to submit an acceptable substitute
without an increase in Bid price. If the apparent successful Bidder declines to
make any substitution, OWNER may award the contract to the next lowest
responsive and responsible Bidder that proposes to use acceptable
subcontractors. Subcontractors, suppliers, other persons or organization listed
and to whom OWNER or Engineer does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable to OWNER and
ENGINEER subject to revocation of such acceptance after the effective date of
the Agreement as provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier
or other persons or organizations against whom he has reasonable objection.
The use of subcontractors listed by the Bidder and accepted by OWNER prior to
the Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be
retained by the Bidder. A separate unbound copy is enclosed for submission with
the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the
form must be stated in words and numerals; in case of conflict, words will take
precedence. Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied by
evidence of authority to sign) and the corporate seal shall be affixed and attested
by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed
by a partner, his title must appear under his signature and the official address of
the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture
or by an authorized agent of each participant. The full name of each person or
company interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures,
interpolations, or otherwise will be acceptable unless each such alteration is
signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to
identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the Bid
shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the Invitation to
Bid and shall be enclosed in an opaque sealed envelope marked with the Project
title, Bid No., and name and address of the Bidder and accompanied by the Bid
Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule
of Subcontractors as required in Section 00430. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date
for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made
by addendum. Bids received after the time and date for receipt of Bids will be
returned unopened. Bidder shall assume full responsibility for timely delivery at
the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not
receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different
names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the place
where Bids are to be submitted at any time prior to the opening of Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority at any
time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and
major alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid
Opening, but OWNER may, in his sole discretion, release any Bid and return the
Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER
reserves the right to reject the Bid of any Bidder if OWNER believes that it would
not be in the best interest of the Project to make an award to that Bidder, whether
because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established
by OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of
the Work as to which the identity of Subcontractors, Suppliers, and other persons
and organizations is submitted as requested by OWNER. OWNER also may
consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation
in the Work when such data is required to be submitted prior to the Notice of
Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed Subcontractors,
Suppliers and other persons and organizations to do the Work in accordance
with the Contract Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive
and responsible Bidder whose evaluation by OWNER indicates to OWNER that
the award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a
Notice of Award within forty-five (45) days after the date of the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by the
required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within fifteen (15) days
thereafter, CONTRACTOR shall sign and deliver the required number of
counterparts of the Agreement and attached documents to OWNER with the
required Bonds. Within ten (10) days thereafter, OWNER hall deliver one fully
signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by
a complete set of the Drawings with appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the
resolutions is available for review in the Purchasing and Risk Management
Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid
will be rejected and reported to authorities as such. Your authorized signature of
this Bid assures that such Bid is genuine and is not a collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self -
stamped envelope and a Bid tally will be mailed to you. Bid results will be posted
in the Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT: 7360 Avery House Re -Roof
Place:
Date:
In compliance with your Invitation to Bid dated , 20 and subject to all
conditions thereof, the undersigned a (Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the
State of Colorado hereby proposes to furnish and do everything required by the
Contract Documents to which this refers for the construction of all items listed on
the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is
made in good faith, without collusion or connection with any other person or
persons Bidding for the same Work, and that it is made in pursuance of and
subject to all the terms and conditions of the Invitation to Bid and Instructions to
Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining
to the Work to be done, all of which have been examined by the undersigned.
3
Accompanying this Bid is a certified or cashier's check or standard Bid bond in
the sum of
($ ) in accordance with the Invitation To Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within fifteen
(15) calendar days from the date when the written notice of the award of the
contract is delivered to him at the address given on this Bid. The name and
address of the corporate surety with which the Bidder proposes to furnish the
specified performance and payment Bonds is as follows:
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by
implication or appurtenant thereto, are to be performed by the CONTRACTOR
under one of the items listed in the Bid Schedule, irrespective of whether it is
named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid
Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
8. BID SCHEDULE (Base Bid)
Includes all work per specifications
Lump Sum $
In words
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the
several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so
long as the deletion or change does not exceed twenty-five percent (25%) of the total
Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Printed
Title
License Number (If Applicable)
(Seal - if Bid is by corporation) Attest:
Address
Telephone
Date
Email
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned
as Principal, and as Surety, are hereby held and firmly bound unto the City of Fort
Collins, Colorado, as OWNER, in the sum of $ for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to
the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof
to enter into a Construction Agreement for the construction of Fort Collins Project, .
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a
Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful performance
of said Contract, and for payment of all persons performing labor or furnishing
materials in connection therewith, and shall in all other respects perform the
Agreement created by the acceptance of said Bid, then this obligation shall be
void; otherwise the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as
herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the
time within which the OWNER may accept such Bid; and said Surety does hereby waive
notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20_, and such of them as are corporations have
caused their corporate seals to be hereto affixed and these presents to be signed by
their proper officers, the day and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
Title:
(SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on
separate attached sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under your
present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
8. Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type
of construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this project:
14. Background and experience of the principal members of your organization,
including officers:
15. Credit available: $
16. Bank Reference:
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER?
18. Are you licensed as a General Contractor?
If yes, in what city, county and state?
What class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract?
If yes, what percent of total contract?
And to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or corporation
to furnish any information requested by the OWNER in verification of the recital
comprising this Statement of Bidder's Qualifications.
Dated at this day of 20_.
Name of Bidder
By:
Title:
State of _
County of
is of
being duly sworn deposes and says that he
and that
(name of organization)
the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this day of , 20
(Seal)
Notary Public
My commission expires:
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing
over 10% of the contract.
ITEM SUBCONTRACTOR
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE:
TO:
PROJECT: 7360 Avery House Re -Roof
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above project has
been considered. You are the apparent successful Bidder and have been awarded an
Agreement for 7360 Avery House Re -Roof.
The Price of your Agreement is ($ )
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be delivered
separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the
date of this Notice of Award, that is by , 20
1. You must deliver to the OWNER three (3) fully executed counterparts of the
Agreement including all the Contract Documents. Each of the Contract Documents must
bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your Bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you
one (1) fully -signed counterpart of the Agreement with the Contract Documents
attached.
City of Fort Collins
OWNER
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20 and
shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contracl
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the 7360 Avery
House Re -Roof.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Operation Services, who is
hereinafter called ENGINEER and who will assume all duties and responsibilities
and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete by May 25, 2012 when the
Contract Times commence to run as provided in the General Conditions and
completed and ready for Final Payment and Acceptance in accordance with the
General Conditions within five (5) calendar days after the date when the Contract
Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving in a
legal preceding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as Liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Three Hundred Dollars ($300) for each calendar day or fraction
thereof that expires after the May 25, 2012 period for Substantial
Completion of the Work until the Work is Substantially Complete.
2) Final Acceptance:
After Substantial Completion, 0 Dollars ($0) for each calendar day
or fraction thereof that expires after the five (5) calendar day period
for Final Payment and Acceptance until the Work is ready for Final
Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
Dollars ($ ), in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application for
Payment as recommended by ENGINEER, once each month during construction
as provided below. All progress payments will be on the basis of the progress of
the Work measured by the schedule of values established in paragraph 2.6 of the
General Conditions and in the case of Unit Price Work based on the number of
units completed, and in accordance with the General Requirements concerning
Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such amounts
as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on
recommendation of Engineer, Owner determines that the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 95% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided
in paragraph 14.2 of the General Conditions) may be included in the application
Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of
the Contract Price, less such amounts as ENGINEER shall determine or
OWNER may withhold in accordance with paragraph 14.7 of the General
Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay
the remainder of the Contract Price as recommended by ENGINEER as provided
in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and Laws
and Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph 4.2 of the General
Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or data
in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provision of paragraph 4.3.
of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the definition of
"Contract Documents" in Article 1.10 of the General Conditions, and such other
items as are referenced in this Article 7, all of which are incorporated herein by
this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related actions
in carrying out the terms of this Agreement are deemed Contract Documents and
incorporated herein by this reference, and include, but are not limited to, the
following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
9.1
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated by
reference in this Article 7. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General
Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but not without
limitations, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in
any written consent to an assignment no assignment will release or discharge
that assignor from any duty or responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
CONTRACTOR:
By:
PRINTED
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices:
License No.:
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7360 Avery House Re -Roof
To:
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within () calendar days from receipt of this notice as
required by the Agreement.
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be 20_
and , 20_, respectively.
City of Fort Collins
OWNER
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
120.
CONTRACTOR:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610
Performance Bond
00615
Payment Bond
00630
Certificate of Insurance
00635
Certificate of Substantial Completion
00640
Certificate of Final Acceptance
00650
Lien Waiver Release (CONTRACTOR)
00660
Consent of Surety
00670
Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of , 20 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
Project, 7360 Avery House Re -Roof.
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, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this day of , 20.
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the day of 120 , a copy of which
is hereto attached and made a part hereof for the performance of The City of Fort Collins
project, 7360 Avery House Re -Roof.
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.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
120
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
PROJECT TITLE: 7360 Avery House
Re -Roof
LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or
specified part of the project, as indicated above) is hereby declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may
not be exhaustive, and the failure to include an item on it does not alter the
responsibility of the CONTRACTOR to complete all the Work in accordance with the
Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time indicated.
CONTRACTOR
AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially
complete and will assume full possession of the project or specified area of the project
at 12:01 a.m., on . The responsibility for heat, utilities,
security, and insurance under the Contract Documents shall be as set forth under
"Remarks" below.
CITY OF FORT COLLINS, COLORADO
OWNER
REMARKS:
By:
AUTHORIZED REPRESENTATIVE
DATE
, 20
TO:
Gentlemen:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
You are hereby notified that on the day of , 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by for the City of Fort
Collins project, 7360 Avery House Re -Roof.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are
dated , 20
In conformance with the Contract Documents for this project, your obligations and
guarantees will continue for the specified time from the following date:
20
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT:7360 Avery House Re -Roof
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and performed by
the CONTRACTOR for the OWNER or for anyone in the construction, design,
improvement, alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited to, mechanic's
liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor
and material bond rights which the CONTRACTOR may now or may afterward have,
claim or assert for all and any work, labor, skill or materials furnished, delivered or
performed for the construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents, employees or
assigns, against any fund of or in the possession or control of the OWNER, against the
project or against all land and the buildings on and appurtenances to the land improved
by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair
of the project were furnished, delivered or performed by the CONTRACTOR or its
agents, employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in
the OWNER'S possession or control concerning the project or against the OWNER or
its officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or
assigns against the project or against the OWNER or its officers, employees, agents or
assigns arising out of the project for all loss, damage and costs, including reasonable
attorneys fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes
and adequate description of the property and improvements to which this Lien Waiver
Release pertains. It is further acknowledged that this Lien Waiver Release is for the
benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any
labor and material bonds for the project.
Signed this day of , 20_
CONTRACTOR:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
Witness my hand and official seal.
My Commission Expires:
day of
Notary Public
20_, by
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7360 Avery House Re -Roof
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of , 20
(Surety Company)
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
Period
0170-750 (999) $0.00
89 -
CONTRACTOR INFORMATION
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax Number:
Business telephone number:
Colorado withholding tax account number:
Copies of contract or agreement pages (1) identifying the contracting parties
EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached.
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
completion date:
I declare under penalty of perjury in the second degree that the statements made in this application are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
Special Notice
Contractors who have completed this application in the past, please note the following
changes in procedure:
The Department will no longer issue individual Certificates of exemption to
subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate
on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each
subcontractor involved in the project and complete it by filling in the subcontractor's
name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the
prime contractor's place of business for a minimum of three years and be available for
inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it
for any applications submitted for future projects. This should be your permanent
number. For instance, if you were assigned 89-12345-0001, every application
submitted thereafter should contain 89-12345 on the application. The succeeding
numbers will be issued by the Department of Revenue. DO NOT enter what you
believe to be the next in sequence as this may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
101010101:71 WCO121111 I M12K
IQ011II10
Ice) ►P 1 W all" I IC9KX L1 I IMITON 1
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (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)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
DEFINITIONS
1.1
Addenda..........._............_...-...
12
Agreem ent ...............................
1.3
Application for Payment.._ .....
1.4
Asbestos ..................................
1.5
Bid ..............................
1.6
Bidding Documents,,,,,,,,,,,,,,,,,,
1.7
Bidding Requirements ..............
1.8
Bonds...._.._........_.._..._........
1.9
Change Order ..........................
1.10
Contract Documents .................
1.11
Contract Price ..........................
1.12
Contract Times ........................
1.13
CONTRACTOR
1.14
defective ..................................
1.15
Drawings .................................
1.16
Effective Date of the Agreement
1.17
ENGINEER .............................
1.18
ENGINEER's Consultant,,,.,,,.,,
1.19
Field Order ..............................
1.20
General Requirements,,,,,,,,,,,,,,
1.21
Hazardous Waste..........._........
1.22.a
Laws and Regulations; Laws or
Regulations ...........................
1.22.b
Legal Holidays ............ ............
1.23
Liens ......................................
1.24
Milestone .................................
1.25
Notice of Award ......................
1.26
Notice to Proceed .....................
127
OWNER ..................................
1.28
Partial Utilization ....................
1.29
PCBs ......................................
1.30
Petroleum ................................
1.31
Project ........ ........ ..._.._..........
1.32.a
Radioactive Material,,,,,,,,,,,,,,,,,
1.32.b
Regular Working Hours..... ..
1.33
Resident Project Representative.
1.34
Samples ......................... .....--- -
1.35
Shop Drawings ........................
1.36
Specifications ..........................
1.37
Subcontractor ..........................
1.38
Substantial Completion,,.,,,.,,,,,
1.39
Supplementary Conditions........
1.40
Supplier ...................................
1.41
Underground Facilities .............
1.42
Unit Price Work,,,,,,,,,,,,,,,,,,,,,,
1.43
Work ......................................
1.44
Work Change Directive ............
1.45
Written Amendment .................
Page Article or Paragraph
Number Number & Title
Page
Number
1
2. PRELIMINARY MATTERS
3
_.....I
2.1
Delivery of Bonds ........ ...................3
1
2.2
Copies of Documents ........................3
_.._....1
2.3
Commencement of Contract
1
Times; Notice to Proceed,,,,,,,,,,,,,,,
3
1
2.4
Starting the Work ......... ..................3
.....,,,,.1
2.5-2.7
Before Starting Construction,
„1
CONTRACTOR's Responsibility
1
to Report; Preliminary Schediles;
............I
Delivery of Certificates of
1
Insurance
3-4
1
2.8
Preconstruction Conference
4
............1
2.9
Initially Acceptable Schedules ...........
4
1
...1
3. CONTRACT DOCUMENTS: INTENT,
...........1
Ah�NDING, REUSE..........................................4
...........1
3.1-3.2
Intent.............................................
4
..._.......1
3.3
Reference to Standards and Speci-
..,,,.1
fications of Technical Societies,
............I
Reporting and Resolving Dis-
........... 2
crepancies.................................
4-5
_2
3.4
Intent of Certain Terms or
Adjectives ........ ......... .. _..............
5
2
3.5
Amending Contract Docunents.........
5
....... 2
3.6
Supplementing Contract
............2
Documents ...................................
5
2
3.7
Reuse of Documents
5
....... _..2
4. AVAILABILITY OF LANDS,
..........2
SUBSURFACE
AND PHYSICAL CONDITIONS,
REFERENCE POINTS
5
.......2
4.1
Availability of Lands.....................5-6
_.,.......2
4.2
Subsurface and Physical
....... _ ..2
Conditions
6
^
.............
4.27.1
Reports and Drawings,,,,,,,,,,,,,,,,,,,,,
6
_2
4.2.2
Limited Reliance by CONTRAC-
„.„2
TOR Authorized. Technical
...........
Data.............................................6
..........12
4.2.3
Notice of Differing Subsurface
?
or Physical Conditions...................6
2
4.2.4
ENGINEER's Review
6
2
42.5
Possible Contract Documents
.......
Change.........................................6
2
4.2.6
Possible Price and Times
........ %3
Adjustments ........ ......................
6-7
.......3
4.3
Physical Conditions --Underground
3
Facilities
7
_....... 3
4.3.1
Shown or Indicated ........._.._...........7
3
4.32
Not Shown or Indicated
7
4.4
Reference Points ................................
7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
4.5
Asbestos, PCBs, Petroleum,
6.25
Submittal Proceedures, CON -
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material ............ ... ......
7-8
to Shop Drawing or Sample
Submittal ........................
16
5. BONDS AND
INSURANCE .................................
8
6.26
Shop Drawing & Sample Submit-
5.1-5.2
Performance, Payment and Other
tals Review by ENGINEER ......
16-17
Bonds,,,, ,, ,,,,,,,,„,.,,,.,,_. ,,,,.,,,.,......8
6.27
Responsibility for Variations
5.3
Licensed Sureties and Insurers,
From Contract Documents...
... ,17
Certificates of Insurance.....................
8
6.28
Related Work Performed Prior
5.4
CONTRACTOR's Liability
to ENGINEER's Review and
Insurance..........................................9
Approval of Required
5.5
OwNER's Liability Insurance ..............
9
Submittals ...................................
17
5.6
Property Insurance ..........9-10
6.29
Continuing the Work ............17
5.7
Boiler and Machinery or Addi-
6.30
CONTRACTOR's General
tional Property Insurance..................10
Warranty and Guarantee ...............
17
5.8
Notice of Cancellation Provision
10
6.31-6.33
Indemnification
17-18
5.9
CONTRACTOR's Responsibility
6.34
Survival of Obligations ...................18
for Deductible Amounts ....................
10
5.10
Other Special Insurance....................JO
7. OTHER WORK ,................ .....
.,18
5.11
Waiver of Rights ................................
11
7.1-7.3
Related Work at Site ........................
18
5.12-5.13
Receipt and Application of
7.4
Coordination .... ......... ............
is
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds andInsu-
8. OWNER S
RESPONSIBILITIES ....... ..............
....18
ante; Option to Replace....................I1
8.1
Communications to CON-
5.15
Partial Utilization --Property
TRACTOR .................................
18
Insurance ........ I...............................11
8.2
Replacement of ENGINEER ..„...,is
8.3
Furnish Data andPay Promptly
6. CONTRACTOR'S RESPONSIBILITIES
11
IVIien Due
18
6.1-6.2
Supervision and Superintendence..._...
11
8.4
Lands and Easements, Reports
6.3-65
Labor, Materials and Equipment...
11-12
and Tests,, ,, ,,, ,,,,,,,,,18-19
6.6
Progress Schedule
12
8.5
Insurance
19
6.7
Substitutes and "Or -Equal" Items;
8.6
Change Orders ........ .............. .........
19
CONTRACTOR's Expense,
8.7
Inspections, Tests and
Substitute Construction
Approvals. . ........ ............. ......
19
Methods or Procedures,
8.8
Stop or Suspend Work,
ENGINEER's Evaluation
12-13
Terminate CONTRACTOR's
6.8-6.11
Concerning Subcontractors,
Services......................................19
Suppliers and Others,
8.9
Limitations on OWNER'S
Waiver of Rights ..........................
13-14
Responsibilities,..,, _......,, _„_.......19
6.12
Patent Fees and Royalties .. ............
..14
8.10
Asbestos, PCBs, Petroleum,
6.13
Permits
14
Hazardous Waste or
6.14
Laws and Regulations ............ I ............
14
Radioactive Material....................19
6.15
Taxes
14-15
8.11
Evidence of Financiil
6.16
Use of Premises
15
Arrangements.............................
19
6.17
Site Cleanliness
15
6.18
Safe Structural Loading.....................15
9. ENGINEER'S STATUS DURING
6.19
Record Documents
15
CONSTRUCTION
19
6.20
Safety and Protection .....................
15-16
9.1
OWNER'sRepresentative .......... _.....
19
6.21
Safety Representative .........................16
92
Visits to Site ................. I ...... I .........
19
622
Hazard Communication Programs......
16
9.3
Project Representative,... ........19-21
623
Emergencies .....................................
16
9.4
Clarifications and Interpre-
624
Shop Drawings and Samples.......
16
tations............................ .............
21
9.5
Authorized Variations in Wrk
21
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
9.6
Rejecting Defective Work...................21
9.7-9.9
Shop Drawings, Change Orders
and Payments....................................11
9.10
Determinatirns for Unit Prices
21-22
9.11-9.12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter ... ..........
. 22
9.13
Limitations on ENGINEER's
Authority and Responsibilities.,„.22-23
CHANGES IN THE WORK ........................................
23
10.1
OWNER's Ordered Change................23
lO
Claim for Adjustment
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
11.1-11.3
Contract Price, Claim for
Adjustment; Value of
the Work ....................................
23-24
11.4
Cost of the Work ..........................
24-25
11.5
Exclusions to Cost of the Work..........
25
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 TIMES ............................26
12.1
Claim for Adjustment ........................
26
12.2
Time of the Essence ........................_26
12.3
Delays Beyond CONTRACTOR's
Control
26-27
12.4
Delays Beyond OWNER's and
CONTRACTOR's Control .................
27
TESTS AND INSPECTIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTII/E WORK
27
13.1
Notice of Defects ................................
27
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
13.8-13.9 Uncovering Work at ENGI
NEER's Request .....................
27-28
13.10
OWNER May Stop the Work
13.11
Correction or Removal of
Defective Work ...........................28
13.12
Correction Period ...........................28
13.13
Acceptance ofDefective Work .........
28
13.14
OWNER May Correct Defective
Work
28-29
14. 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
14.11
Final Inspection .............................31
14.12
Final Application for Payment ......
_.31
14.13-14.14 Final Payment and Acceptance.._..._.31
14.15
Waiver of Claims .......................
31-32
Is. SUSPENSION OF WORK AND
TERMINATION................................................32
15.1
OWNER May Suspend Work ..........
32
15.2-15.4
OWNER May Terminate..„........„..
32
15.5
CONTRACTOR May Stop
Work or Terminate.................32-33
16. DISPUTE RESOLUTION ............_.._...._.._.._..33
17. ItIISCELLANEOUS
33
17.1
Giving Notice ................................
33
17.2
Computation of Times....................33
17.3
Notice of Claim ...............................
33
17.4
Cumulative Remedies ......................
33
17.5
Professional Fees and Court
Costs Included .............................33
17.6
Applicable State Laws....... _........
3-34
Intentionally left blank.......................................35
EXHIBIT GC -Ai
(Optional)
Dispute Resolution Agreement .....................
GC -Al
16.1-16.6
Arbitration ...............................
GC -Al
16.7
Mediation............._...,.,..._....._GC-Al
iv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
5.14
defective Work .................... .._....10.4.1,
13.5, 13.13
final payment ........................................
9.12, 14.15
insurance ...........................................................
5.14
other Work, by CONTRACTOR
..........................7.3
Substitutes and "Or -Equal" Items
....... .........6.7.1
Work by OWNER... _....
_.._._25,6.30,6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities..............................................4.1
site, related Work......._......................................7.2
Work...........................................13.2,
13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR
6.9.1, 9.13.3
ENGINEER ..........................................
6.20, 9.13.3
OUTER........................................._........6.20,
8.9
Addenda --definition of (also see
definition of Specifications).......
(1.6, 1.10, 6.19), 1.1
Additional Property Insurances .................................
5.7
Adjustm ents--
Contract Price or Contract
Times ...........................1.5,
3.5, 4.1, 4.3.2, 4.5.2,
............................. 4. S.3, 9.4, 9.5, 10.2-10.4,
11, 12, 14.8, 15.1
progress schedule......._ ..................
Agreement—
definition of
1.2
"All -Risk" Insurance, policy form............................5.6.2
Allowances, Cash....................................................11.8
Amending Contract Documents ...........................
.... 3.5
Amendment, Written --
in general ........ ........ 1.10, 1.45,
3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of ......_..............................................1.3
ENGINEER's Responsibility ...........
.................. .. 9.9
final payment ............... 9.13.4,
9.13.5, 14.12-14.15
in general ..........................2.8,
2.9, 5.6.4, 9.10, 15.5
progress payment.......................................14.1-14.7
review of ...................................................
14.4-14.7
Arbitration....................................................16.1-16.6
Asbestos --
claims pursuant thereto ......... ..............
_... 4.5.2, 4.5.3
CONTRACTOR authorized to stop
Work ..._.....4.5.2
definition of.......................................................1.4
Article or Paragraph
Number
OWNER responsibility for....... _... _
.... _ _. _ _ _4.5.1, 8.10
possible price and times change ........................4.5.2
Authorized Variations in Work.........
3.6, 6.25, 6.27, 9.5
Availability of Lands..........................................4.1,
8.4
Award, Notice of --defined _.....,
_....1 25
Before Starting Construction....._.. ..._....
_ ...2.5-2.8
Bid --definition of........................1.5
(1.1, 1.10, 2.3, 3.3,
_................. 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of...................................................1.6
(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds......................_.._.._..10.5,
11.4.5.9
Cost of the Work....
11. 5.4
definition of
1.8
delivery of....................................................2.1,
5.1
final Application for Payment .................
14.12-14.14
general ..._ ................. ................
1.10, 5.1-5.3, 5.13,
........................................
9,13, 10.5, 14. 7.6
Performance, Payment and Other...................5.1-5.2
Bonds and Insurance --in general.................................5
Builder's risk "all-risk" policy form .........................5.6.2
Cancellation Provisions, Insurance,.,,,.,,
5.4.11, 5.8, 5.15
Cash Allowances .....................................................
11.8
Certificate of Substantial Completion .........
1.38, 6.3H.2.3,
..................................................14.8,
14.10
Certificates of Inspection ......... _.........
9.13.4, 13.5, 14.12
Certificates of Insurance. ......... 2.7,
5.3, 5.4.11, 5.4,13,
............. 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price
Cash Allowances...............................................11.8
claim for price
adjustment.............4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
............... 9S, 9.11,
10.2, 10.5, 11.2, 139,
...... . ................ 13.13,
13.14, 14.7, 15.1, 15.5
CONTRACTOR's fee _.....
11.6
Cost of the Work
general.... _..............................
_.........11.4-11.7
Exclusions to...............................................11.5
Cost Records
11.7
in general,,,,...,...„ 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11.3.2
Notification of Surety........................................10.5
Scope of, ....................................................
0.3-10.4
Testing and Inspection,
Uncovering the Work ...........................
I...... 13.9
EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work 11.9 CONTRACTOR's Fee 11.6
Article or Paragraph
Number
Article or Paragraph
Number
Value of Work ........ ............. ....... I .........
,,,,,..... ,,11.3
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Change in Contract Times--
Cost of the Work ..........11.4,
11.5
Claim for times adjustment ........ 4.1,
4.2.6, 4.5, 5.15,
Decisions on Disputes...............................9.11,
9.12
............ 6.8.2, 9.4, 9.5, 9.11,
102, 10.5, 12.1,
Dispute Resolution............................................16.1
13.9, 13.13, 13.14,
14.7, 15.1, 15.5
Dispute Resolution Agreement ........,
...16.1-16.6
Contractual time limits...............................I.....12.2
ENGINEER as initial interpreter ........................
9.11
Delays beyond CONTRACTOR's
Lump Sum Pricing... ......... _....
......._ 11.3.2
control
12.3
Notice of
17.3
Delays beyond OWNER's and
OWNER's....................9.4, 9.5, 9.11,
102, 11.2, 11.9
CONTRACTOR's control.............................12.4
..................... 12.1, 13.9, 13.13,
13.14, 17.3
Notification of surety .........
.-_.........10.5
OWNER's liability.... ..
............5.5
Scope of change.,,,, ..._...... .. ..........10.3-10.4
OWNER may refuse to make payment,.
.......14.7
Change Orders--
Professional Fees and Court Costs
Acceptance of Defective Work ..........................13.13
Included,..,,..,. .. ,.,,,.,,,,,.,,,..,,,,..,.............
1.7.5
Amending Contract Documents
3.5
request for formal decision on
„..,9.11
Cash Allowances
11.8
Substitute Items
6.7.1.2
Change of Contract Price........
....... ... I I
Time Extension..... .... ................ ..................
I. I.1.12.1
Change of Contract Times...................................12
Time requirements ....................................
9.11, 12.1
Changes in the Work .. ..... ........
............. 10
Unit Price Work,.,,,.. ......... .........
........11.9.3
CONTRACTOR- fee
11.6
Value of
11.3
Cost of the Work
11.4-11.7
Waiver of --on Final Payment ... ..........
14.14, 14.15
Cost Records....................................................11.7
Work Change Directive ......................................
10.2
definition of ..... _...............................
_.................1.9
written notice required .... _............. _.,.9.11,
112, 12.1
emergencies .........
......0.23
Clarifications and Interpretations .....,
3.6.3, 9.4, 9.11
ENGINEER's responsibility.......9.8,
10.4, 11.2, 12.1
Clean Site.............................._......._.........._
....... 6.17
execution of ..........
...........10.4
Codes of Technical Society, Organization
Indemnifiction .........................6.12,
6.16, 6.31-6.33
or Association ......._............._........_............_......
3.3.3
Insurance, Bonds and ......... ...5.10,
5.13, 10.5
Commencement of Contract Tines ,,,,.,,,,
„...1 3
O'kVNER may term in ate ..............................
Communications_
OWNER'sResponsibility ......._.._........_.._.8.6,
10.4
general ._ ....................._ ............
6.92, 8.1
Physical Conditions--
Hazard Communication Programs .....................
6.22
Subsurface and ........
..................4.2
Completion --
Underground Facilities--............................4.3.2
Final Application for Payment ..........................
14.12
Record Doculuents. ......... .........
...........6.19
Final Inspection......
14.11
Scope of Change .... ......... .................10.3-10.4
Final Payment and Acceptance .............14.13-14.14
Substitutes ........... ... ..............................
6.7.36.8.2
,
Partial Utilization .............................................
14.10
Unit Price Work ................................................
119
Substantial Completion ......................
1.38, 14.8-14.9
value of Work, covered by .... .........
...........11.3
Waiver of Claims .............................................
14.15
Changes in the Work ........ ............. .................
........ 10
Computation of Times ...............................
172.1-1722
Notification of surety.........................................10.5
Concerning Subcontractors, Suppliers
OWNER's and CONTRACTOR's
and Others.
..................................................
6.8-6.11
responsibilities.............................................10.4
Conferences --
Right to an adjustment......................................10.2
initially acceptable schedules..............................
2.9
Scope of change ....... ... ...... ... ......
....10.3-10.4
preconstruction....................................................
2.8
Claims--
Conflict, Error, Ambiguity, Discrepancy—
against CONTRACTOR ......... ..............
_............ 6.16
CONTRACTOR to Report ...........................
.5,3.32
against ENGINEER ......._.
..._.......6.32
Construction, before starting by
against OWNER......................_...................._.6._,2
CONTRACTOR ........................ ...................
2.52.7
Change of Contract Price ...........................
9.4, 11.2
Construction Machinery, Equipment, etc,,.,,..,,,..,,,,.,
6.4
Change of Contract Times.... ...._..
..._..9.4, 12.1
Continuing the Work- .................. .........
...6.29, 10.4
CONTRACTOR's_., ......4, 7.1, 9.4,
9.5, 9.11, 10.2,
Contract Documents--
........................... 11.2, 11.9,
12.1, 13.9, 14.8,
Amending ..........................................................
3.5
............................................15.1,
15.5, 17.3
Bonds..............................................................5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances11.8
Article or Paragraph
Number
Change of Contract Price ....................................
11
Change of Contract Times .............................___
12
Changes in the Work................................10.4-10.5
check and verify ..... ......... ......... ............
2.5
Clarifications and
Interpretations .........................3.2, 3.6,
9.4, 9.11
definition of ....................................................
1.10
ENGINEER as initial interpreter of.._,...,.,,..„._9.11
ENGINEER as OWNER's representative..............9.1
general3
Insurance...........................................................5.3
Intent........................................................3.1-3-4
minor variations in the Work .............. ................3.6
OWNER's responsibility to furnish data ,,,,,,,,,,,,,„8.3
OWNER's responsibility to make
prompt payment ........ .................. 8.3, 14.4, 14.13
precedence .. ......, .....3.1,
3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies ..............................._..
3.3
Related Work...._.._............ _......_........_.._...._.7.2
Reporting and Resolving Discrepancies..._....
2.5, 3.3
Reuseof......._......._......._.............................._..3.7
Supplementing..................................................
3.6
Termination of ENGINEER's Employment ..........
8.2
Unit Price Work .................................................
11.9
variations..........................................3.6, 6.23, 6.27
Visits to Site, ENGINEERs................................
9.2
Contract Price --
adjustment of. ................ 3.5, 4.1, 9.4, 10.3,
11-2-11.3
Changeof...........................................................11
Decision on Disputes ......... _.................. ...........
9.11
definition of ....................................................
1.11
Contract Times --
adjustment of ...........................3.5, 4.1, 9.4, 10.3, 12
Change of.................................................12,1-12.4
Commencement of_.,_..,...„...,„.„...„......„_.,....„2.3
definition of ......................................................1.12
CONTRACTOR --
Acceptance of Insurance ,,..,,..,,,.I.............I.........5.14
Communications ........................................
6.2, 6.9.2
Continue Work ........................................
629, 10.4
coordination and scheduling............................6.92
definition of ....................................................
1.13
Limited Reliance on Technical
Data Authorized
4.2.2
May Stop Work or Terminate . ... . .......................1.5.5
provide site access to others ........................7.2,
13.2
Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2, 6.16, 6.18,
.................................... 7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal .........................................
6.25
Stop Work requirements..................................4.5.2
CONTR4CTOR's
Article or Paragraph
Number
Compensation... _.. _.............................. _...11.1-112
Continuing Obligation .....................................
14.15
De fective 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 ......... 15, 3.3.2, 6.14.2
Underground Facilities not indicated.,,,..,,,..4.3.2
Emergencies.....................................................6.23
Equipm ent and Machinery Rental, Cost
of the Work.. ........... ...... I ...... ... I .....11.4.5.3
Fee --Cost Plus..._...__............_..11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee,.,,,.,,,,,
....6.30
Hazard Communication Programs .....................6.22
Indemnification ........................6.12, 6.16,
6.31-6.33
Inspection of the Work
7.3, 13.4
Labor, Materials and Equipment ...... ..............
6.3-6.5
Laws and Regulations, Compliance by.............6,14.1
Liability Insurance
5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
the Work .....................................................
6.30
Patent Fees and Royalties, paid for by ................
6.12
Performance and Other Bonds
5.1
Perm its, obtained and paid for b........................
6.13
Progress Schedule ............. -........._...2 6, 2.8, 2.9, 6.6,
.... ....... .......... I ... I ... I .... ......6.29, 10.4, 15.2.1
Request for formal decisionon disputes ........
_...... 9.11
Responsibilities --
Changes in the Work. ..................................
10.1
Concerning Subcontractors, Suppliers
and Others......................................6.8-6.11
Continuing the Work ..........
6.29, 10.4
CONTRACTOR's expense...........................6.7.1
CONTRACTOR's General Warranty
and Guarantee............................„_.,,,.,,,6.30
CONTRACTOR's review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,,,
6.25
Coordination of Work .......... .......................6.92
Emergencies ...............................................
6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items ......_.._........_...._.6.7.3
For Acts and Omissions
of Others .......... ................... 6.9.1-69.2, 9.13
for deductible amounts, insurance .,,,,.„...........5.9
general_ ................................... ..6, 7.2,
7.3, 8.9
Hazardous Communication Programs, ,
, . , , , .. „6.22
Indemnification ...................................
6.31-6.33
vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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
Perm its ........................................................
6.13
Progress Schedule ..........................................
6.6
Record Documents ............... ................._.....6.19
related Work performed prior to
ENGINEER'S approval of required
subm ittals ..............................................
6.28
safe structural loading.................................6.18
Safety and Protection .................... 6.20,
7.2, 13.2
Safety Representative...................................6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples ........................
6.24
Shop Drawings and Samples Review
by ENGINEER
6.26
Site Cleanliness ...........................................
6.17
Submittal Procedures
6.25
Substitute Construction Methods
and Procedures.....................................6.7.2
Substitutes and "Or -Equal" Items........„...„.6.7.1
Superintendence. ....................................
I ...... 6.2
Supervision
6.1
Survival of Obligations...................I............6.34
Taxes.........................................................
6.15
Tests and Inspections...................................13.5
ToReport ......................................................
2.5
Use of Premises ..._...._.._.........6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work
...„10.2
right to claim ............. 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
.......,11.9, 12.1, 13.9, 14.8, 15.1,
15.5, 17.3
Safety and Protection .............. .... 6.20-6.22,
7.2, 132
Safety Representative _ . , _ ........ _ ....................
_ ..6.21
Shop Drawings and Samples Submittals_.. _6.24-6.28
Special Consultants ........................................
11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense...........................................6.7.1,
6.7.2
Subcontractors, Suppliers and Others..........
6.8-6.11
Supervision and Superintendence .......... 6.1,
6.2, 6.21
Taxes, Payment by...........................................6.15
Use of Premises .........................................
6.16-6.18
Warranties and guarantees ..........................6.5,
6.30
Warranty of Title.... ........ ........ ...........
14.3
Written Notice Required --
CONTRACTOR stop Work or terminate ........ 15.5
Reports of Differing Subsurface
and Physical Conditions .. ..............
....... 42.3
Substantial Completion................................14.8
�411
CONTRACTORS --other .............................................. 7
Contractual Liability Insurance ............. .......... .... ...5.4.10
Contractual Time Limits, .., .., . „...„..12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility .....................
Copies of Documents ..........................................
Correction Period ................................................
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.11
Acceptance of Defective Work ........................
Correction or Removal of
Defective Work.................................6.3C
Correction Period ..........................................
OWNER May Correct Defective Work............
OWNER May Stop Work ...............................
Cost --
of Tests and Inspections ................................
Records 11.7
Cost of the Work --
Bonds and insurance, additional...................I
Cash Discounts ..............................................
CONTRACTOR's Fee ...................................
Employee Expenses......................................I
Exclusions to .................................................
General 11.4-11.5
Home office and overhead expenses,,,,,,,,,,,,,,,,
Losses and damages.....................................1
Materials and equipment ................................
Ivlinor expenses ....... ......... .........
.......1
Payroll costs on changes ................................
performed by Subcontractors ..........................
Recordsll.7
Rentals of construction equipment
and machinery......................................1
Royalty payments, permits and
license fees............................................1
Site office and temporary facilities.„........, ..................I
Special Consultants, CONTRACTOR's...........
Supplemental ...............................................
.
Taxes related to the Work
1.
Tests and Inspection ......................................
Trade Discounts ............................................
Utilities, fuel and sanitary facilities................I
Work after regular hours ...............................
Covering Work...............................................13
Cumulative Remedies......................................
17
Cutting, fitting and patching ...............................
Data, to be furnished by OWNER ........... _.............
Day --definition of .......,
Decisions on Disputes..... _ _ ...................... .......9.1
defechve--definition of .......................................
defective Work --
Acceptance of.......................................10.4.1
6.92
2.2
13.12
-13.14
.,1.3.13
, 13.11
..13.12
13.14
J3.10
13.4
1.4.5.9
11.4.2
11.6
1.4.5.1
11.5
....11.5
1.4.5.6
11.4.2
1.4.5.8
.11.4.1
11.4.3
1.4.5.3
1.4.5.5
1.4.5.2
11.4.4
.11.4.5
1.4.5.4
13.4
11.4.2
1.4.5.7
11.4.1
.6-13.7
4-17.5
.....7.2
.....8.3
.17.2.2
1, 9.12
1.14
13.13
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of
..................
Correction Period .............................
in general .......................................
.10.4.1, 13.11 ORNER's Representative............
............. Payments to the CONTRACTOR,
13, 14.7, 14.11 Responsibility for,._....,,
ay
Recommendation of Pment.._.....
Article or Paragraph
Number
Observation by ENGINEER ................................
9.2
OWNER May Stop Work.................................13.10
Prompt Notice of Defects...................................13.1
Rejecting...........................................................9.6
Uncovering the Work....... _................. _...........
13.8
Definitions................................................................
I
Delays_............................4.1, 6.29, 12.3-12.4
Delivery of Bonds .....................................................
2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices„...............................9.10
Differing Subsurface or Physical Conditions
Noticeof.........................................................4.2.3
ENGINEER's Review....... ......... ................
4.2.4
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments ..............
42.6
Discrepancies -Reporting
and Resolving ................................ 2.5, 3.3.2,
6.14.2
Dispute Resolution --
Agreement .................................................
16.1-16.6
Arbitration .......................... . ... . ... . ......... .
...16.1-16.5
genera116
Mediation ..........................................................
16.6
Dispute Resolution Agreement ........... ..............
16.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Docum ents--
Copiesof...........................................................2
2
Record 6.19
Reuse of
3.7
Drawings --definition of„.,,,.,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1.15
Easements...._.._............_................_.._........_.....4.1
Effective date of Agreement -- definition of..............1.16
Emergencies ...........................................................6.23
ENGINEER --
as initial interpreter on disputes .................9.11-9.12
definition of ....................................................
1.17
Limitations on authority and responsibilities.._...9.13
Replacement of....... ........ _....................................
8.2
Resident Project Representative
9.3
ENGINEER's Consultant -- definition of..................I
IS
ENGINEER's--
authority and responsibility, limitations on
........ 9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility for ........ 9.7,
10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes..._.... I ....................
defective Work, notice of...................................13.1
Evaluation of Substitute Items
.............................
6.7.3
Liability ...................... ............................
6.32, 9.12
Notice Work is Acceptable..............................14.13
Observations...........................................6.30.2,
92
9.1
9.9, 14
...14.4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on.................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Shop Drawings and Samples, review
responsibility ..............................................
6.26
Status During Ccnstruction--
authorized variations in the Work..................9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes ..........................
9.11-9.12
Determinations on Unit Price_........
_9.10
ENGINEER as Initial Interpreter.........
9.11-9.12
ENGINEER's Responsibilities.„.............9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities,., ...... I.I....
I ... I .... 1.9.13
OWNER's Representative . .........
........... 9.1
Project Representative9.3
Rejecting Defective Work ..............................
9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site ..................................................
9.2
Unit Price determinations ..................................
9.10
Visits to Site
9.2
Written consent required,,,,,,,,,,,,,,,,
7.2, 9.1
Equipment, Labor, Materials and ........................6.3-6.5
Equipment rental, Cost of the Work ....................
11.4.5.3
Equivalent Materials and Equipment ........................
6.7
error or omissions
....................................................
6.33
Evidence of Financial Arrangements
8.11
Explorations of physical conditions ....... ..........
.......4.2 1
Fee, CONTRACTORs--Costs Plus ...........................11.6
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 allo�vinces....... ..................
...... 11.8
General Provisions ..........................................
17.3-17.4
General Requirements --
definition of .......................................................
1.20
principal references to...............16, 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.....................................................J.21
general.............................................................
4.5
OWNER'S responsibility for ...............................
8.10
EJCDC GENERAL CONDITIONS 1910-5 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification . .. ...........................6.12,
6.16, 6.31-6.33
Insurance ...........................................................
5.3
Initially Acceptable Schedules...................................2.9
Precedence ......................._......-_........_.......
3.1, 3.3.3
Inspection--
Reference to ..... ._......
.... _........13.1
Certificates of .......... .... ..........
.... .. 9,13.4, 13.5, 14.12
Safety and Protection.. _.................
_. 6.20, 13.2
Final ........ ............. .................._.._........_.._14.11
Subcontractors, Suppliers and Others ...........
Article or Paragraph
Article or Paragraph
Number
Number
Special, required byENGINEER .........................
9.6
Tests and Approval 8.7, 13.3-13.4
Insurance --
Acceptance of, by OWNER ................................
5.14
Additional, required by changes
in the Work ............................................
11.4.5.9
Before starting the Work.....................................2.7
Bonds and --in general,,,,,,,,, .............5
Cancellation Provisions ......................................
5.8
Certificates of 2 7, 5, 5.3, 5 4.11,
5.4.13,
...... I ...... I .... 5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations......_ ................. ...........
5.4.13
CONTRACTOR's Liability ,,,,,,,,,,,,,,,,,,,,,,,,„5.4
CONTRACTOR's objection to coverage ...........
5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTOWs
responsibility....... ........ ......... ..........
Final Application for Payment ..................
Licensed Insurers
....................................
Notice requirements, material changes,,,,,
Option to Replace ........................ _..........
other special insurances
............................
OWNER as fiduciary for insureds .............
OWNER's Liability ..................................
OWNER's Responsibility ............. . ...........
Partial Utilization, Property Insurance ...
Property,,,,,,,,,,,,,,
Receipt and Application of Insurance
Proceeds .............................................
Special Insurance ....................................
Waiver of Rights,,,,,
Intent of Contract Docum ents... .......... ............
Interpretations and Clarifications ...................
Investigations of physical conditions ................
Labor, Materials and Equipment .....................
Lands --
and Easements
Availability of .........................................
Reports and Tests ....................................
Laws and Regulations --Laws or Regulations --
Bonds...................................................
Changes in the Work ........ ..............
....._.-_
Contract Documents_ ......... .... ......... . ... _,,,
CONTRACTOR's Responsibilities............
Correction Period, defective Work, , , , , , ,, , , , ,
Cost of the Work, taxes........
...............
definition of
.............................................
general6.14
Indemnification .......................................
_........5.9
14.12
5.3
..5.8, 10.5
5.14
5.10
. 5.12-5.13
.......... 5.5
8.5
5.15
„.5.6-5.10
5.12-5.13
5.10
5.11
3.1-3.4
3.6.3, 9.4
.........4.2
6.3-6.5
8.4
4.1, 8.4
8.4
5.1-52
10A
3.1
6.14
13.12
11.4.5.4
1.22
6.31-6.33
Tests and Inspections...................................13.5
Use of Premises,,._..,
6.16
Site
Visits to ...
.....................................................
9.2
Liability Insurance --
CONTRACT OW s ................................................5.
4
OWNER's ............................................................
5.5
Licensed Sureties and Insurers .................................
5.3
Liens --
Application for Progress Payment ......................
142
CONTRACTOR's Warranty of Title,,,,,
14.3
Final Application for Payment„.......................1.4.12
definition of...................................._...............1.23
Waiver of Claim s14.15
Limitations on ENGINEER's authority and
responsibilities.................................................
9.13
Limited Reliance by CONTRACTOR
Authorized ........................................................
42.2
Maintenance and Operating Manuals --
Final Application for Payment .........................14.12
Manuals (of others) --
Precedence... _.._............ _............................
3.3.3.1
Reference to in Contract Documents,,,,,,,,,,,,,,,,,
3.3.1
Materials and equipment --
furnished by CONTRACTOR ..............................
6.3
not incorporated in Work...................................142
Materials or equipment --equivalent ...._.... ..........
_6.7
Mediation (Optional),,,,,,,,,,,,,,,,,,,
Milestones --definition of... _ _. _ _ .. _ ... _ ... _ _ ...... .... .
.... . 1.24
Miscellaneous—
Computation of Times........................................172
Cumulative Remedies
17.4
Giving Notice....................................................17.1
Notice of Claim ..................................................
17.3
Professional Fees and Court Costs Included .........
17.5
Multi -prime contracts......_.........................................7
Not Shown or Indicated.... .....................................
4.3.2
Notice of --
Acceptability of Project.....................................14.13
Award, definition of.........................................125
Claim............................................................17.3
Defects,13.1
Differing Subsurface or Physical Conditions,.....
42.3
Giving............................................................117.1
Tests and Inspections13.3
Variation, Shop Drawing and Sample.. ....__....6.27
Notice to Proceed --
definition of.....................................................126
givingof............................................................?.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety..............................................jO.5
Observations, by ENGINEER...........................6.30,
9.2
Occupancy of the Work ....................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR...............6.9, 9.13
Open Peril policy form, Insurance ...........................
5.62
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 ofdefective Work ..........................13.13
appoint an ENGINEER ......................................
8.2
as fiduciary .............................................
_5.12-5.13
Availability of Lands, responsibility ....................
4.1
definition of
1.27
data, furnish......................................................8.3
May Correct Defective Work ...........................
I'3.14
May refuse to make payment .......... ..............
.... . 14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate 8.8, 13.10,
15.1-15.4
Payment, make prompt .................... 83, 14.4,
14.13
performance of other work ........... ..............
.... ._.. 7.1
permits and licenses, requirements ...................
6.13
purchased insurance requirements ...............5.6-5.10
OWNER's--
Acceptance of the Work............ _................630.2.5
Change Orders, obligation to execute ....... ...
.6, 10.4
Communications .................................................
8.1
Coordination of the Work ...................................
Z4
Disputes, request for decision ...........................
9.11
Inspections, tests and approvals ........... _......
8.7, 13.4
Liability Insurance .........................................
. ...15.5
Notice of Defects ...............................................
13.1
Representative --During Construction,
ENGINEER's Status
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders..............................................8.6
Changes in the Work .......... ..................
.._... 10.1
communications ............................................
8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements..„..........8.11
inspections, tests and approvals .....................
8.7
insurance .......................................................
8.5
lands and easements
8.4
prompt payment by ........... ............. ......
....... 8.3
replacement of ENGINEER .... I ...... I ...............
82
reports and tests............................................8.4
stop or suspend Work ................. 8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site..............................9.3
testing, independent..........
use or occupancy
of the Work,,,,,,,,,,,,,,,,,,
written consent or approval
required
.......................
13.4
5.15, 6.302.4, 14.10
............9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
written notice required .........................7.1,
9.4, 9.11,
...... ......... ........ 11.2,
11.9, 14.7, 15.4
PCBs --
definition of
1.29
general..............................................................4.5
OWNER's responsibility for...............................8.10
Partial Utilization --
definition of......................................................1.28
general6.30.2.4, 14.10
Property Insurance ............................................
5.15
Patent Fees and Royalties........................................6.12
Payment Bonds .. ......... ....... ..... .....
.....5.1-5.2
Payments, Recommendation of ........ _.....
14.4-14.7, 14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments ......................14.2
CONTRACTOR's Warranty of Title ...................
14.3
Final Application for Payment .........................14.12
Final Inspection ........ .............. .........................14.11
Final Payment and Acceptance, ... ... I
...... 1.14.13-14.14
general.........................................................8.3,
14
Partial Utilization14.10
Retainage...
14.2
Review of Applications for
Progress Payments ...............................
14.4-14.7
prompt payment ..............................
...._.............. 8.3
Schedule of Values., ........... I .... I ...................
.....14.1
Substantial Completion ...............................
4.8-14.9
Waiver of Claims14.15
when payments due . .... _. .........
14.4, 14.13
withholding payment.........................................14.7
Performance Bonds............................................5.1-5.2
Perm its ..............................................................
6.13
Petroleum --
definition of
130
general..............................................................
4.5
OWNER's responsibility for ...............................
8.10
Physical Conditions --
Drawings of, in or relating to .........................
.2.1.2
ENGINEER's review .............................. .
... . ......4.2.4
existing structures
4.2.2
general4.2.1.2 ............................. I............................
Notice of Differing Subsurface or .............
. .........4.2.3
Possible Contract Documents Change ...............
42.5
Possible Price and Times Adjustments ..............
4.2.6
Reports and Drawings......................................4.2.1
Subsurface and ......... ... .. .....
92
Subsurface Conditions
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .......................4.22
Underground Facilities --
general...................... _......_........ .................
Not Shown or Indicaed ................................
4.32
Protection of ............................
.....4.3, 6.20
Article or Paragraph
Number
Shown or Indicated................................................4.3.1
Technical Data....._.
4.22
Preconstruction Conference
........................................
2.8
Preliminary Matters ............................ _.
............
Preliminary Schedules..............................................2.6
Premises, Use of .............................................
6.16-6.18
Price, Change of Contract11
Price, Contract --definition of.,...,.._.._,,,,,,,,,,,,,,,,,,,,,
1.11
Progress Payment, Applications for ...... _..._.........
__._142
Progress Payment--retainage...................................
14.2
Progress schedule, CONTRACTOR's....... _... 2.6, 2.8, 2.9,
....... ......... ........ 6.6, 6.29, 10.4,
15.2.1
Project --definition of...............................................1.31
Project Representative_
ENGINEER's Status During Construction .............
9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER......................................
8.3
Property Insurance--
Additional .........................................................
5.7
general5.6-5.10
Partial Utilization................................5.15,
14.10.2
receipt and application of proceeds..... ......5.12-5.13
Protection, Safety and,_ ... __.._........ _.......... 6.20-621, 13.2
Punch list ...........................................................
1.4.11
Radioactive Material--
defintion of......................................................1.32
general4.5
OWNER's responsibility for . ............ I ...... I ..........
8.10
Recommendation of Payment ...... ........14.4, 14.5,
14.13
Record Documents ........................................ 6.19, 14.12
Records, procedures for maintaining ........................_2.8
Reference Points ........................................................
4.4
Reference to Standards and Specifications
of Technical Societies .........................................
3.3
Regulations, Laws and(or)......................................
6.14
Rejecting De fective Work ....... ...................................
9.6
Related Work --
atSite........................................................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 .....
I IAS.3
replacement of ENGINEER, by OWNER ....................
S.-
Reporting and Resolving
Discrepancies.................................2.5, 3.3.2, 6.14.2
Reports --
and Drawings... _............ _........... _.................
42.1
and Tests, OWNER's responsibility ...............
...... ..4
Resident and Project Representative --
definition of .....................................................
1.33
provisionfor............................................................ 9.3
xii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's................6.2
Responsibilities_
CONTRACTOR's-in general ................................„ 6
ENGINEER's-in general .............. ..............
.... ........9
Limitations on ..............................................
9.13
OW'NER's-in general.............................................8
Retainage...... .................. ...... ...._.._.............
...1.4.2
Reuse of Documents .................................................
3.7
Review by CONTRACTOR- Shop Drawings
and Samples Prior to Submittal ..........................6.25
Review of Applications for
Progress Payments ......... .............................
14.4-14.7
Right to an adjustment ............................................
10.2
Rights of Way .............. ..............................................
4.1
Royalties, Patent Fees and.....................................16.12
Safe Structural Loading_......._...._..........................6.18
Safety --
and Protection ................................
4.3.2, 6.16, 6.18,
6.20-6.21,
7.2, 13.2
general ....................................................
6.20-6.23
Representative, CONTRACTOR's.........
_........ _.... .21
Samples --
of
definition .....
..................................................
. 1.34
general ....................................................
6.24-6.2R
Review by CONTRACTOR
6.25
Review by ENGINEER....... I.......................6j26,
6.27
related Work
6.28
submittal of ...................................................
6.24.2
submittal procedures.........................................6.25
Schedule of progress ........ -...-......... -...-_2.6,
2.8-2.9, 6.6,
6.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals2.6,
2.8-2.9, 6.24-6.28
Schedule of V"alues...............................2.6,
2.8-29, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................6.6
Change of Contract Times.................................10.4
Initially Acceptable .. ......... .........
.......2.8, 2.9
Preliminary ............................ .......................
...2.6
Scope of Changes.........._...........................10.3-10.4
Subsurface Conditions4.2.1.1
Shop Drawings --
and Samples, general.................................6.24-6.28
Change Orders & Applications for
Payments, and ......... ............. .................
9.7-9.9
definition of......................................................1.35
ENGINEER's approval of..................................3.6.2
ENGINEER's responsibility
for review ......................................
9.7, 6.24-6.28
related Work ......................................................
6.28
review procedures................................2.8,
624-628
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......................................................72,
132
Site Cleanliness ........................................................
6.17
Site, Visits to--
byENGINEER .... .._......... .. ................._..9.2,
13.1
byothers..........................................................132
"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. . ........... I ............. ......
Standards and Specifications
of Technical Societies.... ... ....... .......
.3.3
Starting Construction, Before................................2
5-2.8
Starting the Work.....................................................2.4
Stop or Suspend Work--
by CONTRACTOR...........................................15.5
by OWNER......................................8.8,
13.10, 15.1
Storage of materials and equipment .....................4.1,
72
Structural Loading, Safety........................................6.18
Subcontractor--
Concerning ................................................
6. 8-6.11
definition of ......................................................
1.37
delays............................................................12.3
waiver of rights ................................................
6.11
Subcontractors --in general.l. ...... ............. _ _. _ ........6.8-6.11
Subcontracts --required provisions ...... 5.11,
6.11, 11.4.3
Subm ittals--
Applications for Payment .................................
14.2
Maintenance and Operation Manuals..
......_..14.12
Procedures ........................................................
6.25
Progress Schedules.......................................2.6,
2.9
Samples...................................................6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Subm issions......................................2.6,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial Completion --
certification of............................6.302.3, 14.8-14.9
definition of.....................................................1.38
Substitute Construction Methods or Procedures,,,,.,„6.7.2
Substitutes and "Or Equal" Items ......... ..............
_....... 6.7
CONTR4CTOR's Expense ............._............,
6.7.1.3
ENGINEER's Evaluation......
6.7.3
'Or -Equal .....................................................
6.7.1.1
Substitute Construction Methods
xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Temporary construction facilities .............................. 4.1
Article or Paragraph Article or Paragraph
Number Number
or Procedures .............................................
.6.7.2
Termination--
Substitute Items ...... .................. ...... ...._.....6.7.1.2
by CONTRACTOR. .... .............
................ ....15.5
Subsurface and Physical Conditions--
byOL`NER........................................4.8,
15.1-15.4
Drawings of, in or relatng to ........................42.1.2
of ENGINEER's employment ...............................
82
ENGINEER's Review .. ...... ........
......... 4.2.4
Suspension of Work-in general ........,
............15
general. . I ..... ......
.........4.2
Terms and Adjectives....
Limited Reliance by CONTRACTOR
Tests and Inspections—
Authorized ..... I...........................................42.2
Access to the Work, by others ...........
.................13.2
Notice of Differing Subsurface or
CONTRACTOR's responsibilities
.......................13.5
Physical Conditions..........................................4.2.3
cost of 13.4
Physical Conditions.......................................4.2.12
covering Work prior to ...... _.............
.......... 13.6-13.7
Possible Contract Documents Change,.
4.2.5
Laws and Regulations (or) .... .........
.......... 13.5
Possible Price andTimes Adjustments...............4.2.6
Notice of Defects ...............................................
13.1
Reports and Drawings.......................................4.2.1
OWNER May Stop Work .................................
13.10
Subsurface and ........... .... ... ........... ... ... I...
I............42
OWNER's independent testing ..........................
13.4
Subsurface Conditions at the Site.....................4.2.1.1
special, required by ENGINEER .......
.................. .9.6
Technical Data,,,.,,,.. ..
422
timely notice required..I.......
Supervision--
Uncovering the Work, at ENGINEER's
CONTRACTOR's responsibility ...........................6.1
request, ................................................
13.8-139
OWNER shall not supervise ... .........
............8.9
Times--
ENGINEERshall not supervise ........ _........
2,9.132
Adjusting. ......... _..._.................
.............. ._..... 6.6
Superintendence ....._...
.............6.2
Change of Contract
12
Superintendent, CONTRACTOR's resident ...........
_... 62
Computation of.......,,_......,.__............._....__...,.17.2
Supplemental costs,.,,,.., ...
..... 11.4.5
Contract Times --definition of
..........1.12
Supplementary Conditions--
day_.............................._................_.1.7
2 2
definition of
1.39
Milestones
12
principal references to.................1.10, 1.18,
22, 2.7,
Requirements_
........................ .2, 4.3, 5.11 5.3, 5.4, 5.6-59,
appeals.................................................
9.10, 16
................. 5.11, 6.8, 6.13, 7.4, 8.11,
9.3, 9.10
clarifications,
Supplementing Contract Documents .......... ..............
.3.6
claims and disputes ..................
9.11, 11.2, 12
Supplier--
Commencement of Contract Times„...
.... I ... ,,,2.3
definition of
1.40
Preconstruction Conference
2.8
principal references to ............ 3.7, 6.5, 6.8-6.11,
6.20,
schedules
,,,2.6, 2.9, 6.6
....624, 9.13, 14.12
Starting the Work ....._...
.....2.4
Waiver of Rights...............................................6.11
Title, Warranty of ....................................................
14.3
Surety--
Uncovering Work ........... ..................................
13.8-13.9
consent to final payment .........................
14.12, 14.14
Underground Facilities, Physical Conditions--
ENGINEER has no duty to .................................
9.13
definition of .....................................................
1.41
Notification of...................................10.1,
10.5, 15.2
Not Shown or Indicated ......................
............. 4.3.2
qualification of ...................... I .. „_....
.....5.1-5.3
protection of
......4.3, 620
Survival of Obligations.. ..._.... .........
.......... 6.34
Shown or Indicated. ......... .........
....._....4.3.1
Suspend Work, OWNER May,,.,, ....... .,
13.10, 15.1
Unit Price Work --
Suspension of Work and Termination-- ......................15
claims.........................................................119.3
CONTRACTOR May Stop Work
definition of ,,...,..,
1.42
or Terminate .............................................„
15.5
genera111.9, 14.1, 14.5
OWNER May Suspend Work ......... .....................
1.5.1
Unit Prices--
OWNERMay Terminate ..... ... I....................15.2-15.4
general11.3.1
Taxes--PaymentbyCONTRACTOR ........................
6.15
Determination for ........................................
..... 9.10
Technical Data--
Use of Premises ... ....... ........... .
6.16, 6 18, 6.30.2.4
Limited Reliance by CONTRACTOR ........
_....... 4.22
Utility owners ..... .......... ............ . 6.13,
6.20, 7.1-7.3, 13.2
Possible Price and Times Adjustments,
......... 4.2.6
Utilization, Partial,,,,..,, _.....1.28, 5.15,
6.30.2.4, 14.10
Reports of Differing Subsurface and
Value of the Work....................................................11.3
Physical Conditions ......... ... ........
... .. ..4.2.3
Values, Schedule of,.,,,, ......... .,,,_2.6,
2.8-2.9, 14.1
xiv
EJCDC GENERAL CONDITIONS
1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS
MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized.........................................625, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER .........................
I.......... 9.2
Waiver of Claims --on Final Payment._...................14.15
Waiver of Rights by insured parties................„..11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR .................................................
6.30
Warranty of Title, CONTRACTOR's ....................14.3
Work --
Accessto..........................................................13.2
byothers,......._................................................_._
7
Changes in the.....................................................10
Continuing the, .................................................
6.29
CONTRACTOR May Stop Work
or Terminate
15.5
Coordination of ....................................................
7.4
Cost of the.................................................11.4-11.5
definition of
........................................................
1.43
neglected by CONTRACTOR ...........................
13.14
otherWork...........................................................
7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site
7.1-7.3
Starting the........................................................2.4
Stopping by CONTRACTOR .... _.......
_. _.. _... .....15.5
Stopping by OWNER.............................""15.1-15.4
Variation and deviation authorized,
minor........... 3.6
Work Change Directive --
claims pursuant to.............................................102
definition of
.......................................................
1.44
.
principal references to.......................35.3,
10 1-102
Written Amendment --
definition of ........................................................
1.45
principal references to. ......... __...1.10, 3.5, 5.10,15.12,
...................... 6.6.2, 6.8.2,
6.19, 10.1, 10.4,
11.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations...................................3.6.3,
9.4, 9.11
Written Notice Required --
by CONTRACTOR............................7.1,
9.10-9.11,
........................_................
. 10.4, 112, 12.1
by OWNER ..................... 9.10-9.11,
10.4, 11.2, 13.14
xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1. L Addenda --Written or graphic instr unents issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents,
1.2. Agreement --The written contract between OWNER
and CONTRACTOR covering the Work to be performed,
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment --The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid --The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents --The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
l.T Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
I.S. Bonds --Performance and Payment bonds and other
instruments of security.
1.9. Change Order --A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1.10. Contract Documents --The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid docmmentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER'S
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 42.1 and
42.2 are not Contract Documents.
1.11. Contract Price --The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times --The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER'S
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective --An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
LIS Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement --The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER --The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order --A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 95 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements --Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste --The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1.22.b. Legal Holidays--shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice of Award --A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed --A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER --The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
1.28. Partial Utilization --Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs --Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils.
1.31. Project --The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.a. Radioactive Material --Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq) as amended from
time to time.
1.32.b. Regular Workins Hours --Regular working hours
are defined as 7.00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
1.35. Shop Drau4ngs--All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
136. 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.
137. Subcontractor -An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions --The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier --A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities --All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
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 Pnce Work --Work to be paid for on the basis
of unit prices.
1.43. Work -The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents,
1.44. YVork Change Directive --A written directive to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 42 or 43 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 102.
1.45. YVntten Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2--PRELIMINARY MATTERS
Delivery of Bon (Is:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be famished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. i no event ill the Contract Times
of Bid openingor the thirtieth day after the Effective Tl,. t•,
of the AgFeem ent, whichever date is effliff.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby, however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents,
2.6.2. a prelinirnary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR arA 03WP shall eaeh deliver to the
other OWNER, with copies to each additional insure
id,.. i4od : fl Supplement r-,nation. ENGINEER
certificates of insurance (and other evidence of insurance
^'song* requested by OWNER) which
CONTRACTORgnd OW rcn . ectt e4 o is required
to purchase and maintain in accordance with
paragraphs 5.4, 5.6 and c
Preconstruetion Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents, at lea n days before ,,,.1.._.ission of the first
Application for Paynien 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 Requirements.
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerriing the Work. The Contract Documents are
complementary, what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies.•
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
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.
3.33. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
3.3.4. In the event of conflicting or ambiguous
provisions within the Contract Documents,
specifications will take precedence over the drawings
and addenda will take precedence over both.
Notwithstanding the foregoing, the more specific
provision will take precedence over the less specific; the
more stringent will take precedence over the less
stringent; the more expensive item will take precedence
over the less expensive. On all drawings, figures take
precedence over scaled dimensions. Scaling of
dimensions, if done, is done at the CONTRACTOR'S
own risk.
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable"."proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 627), or
3.63. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse ofDoeuments:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof') prepared by or bearing the seal of ENGINEER or
ENGINEERS Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability ofLands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR. Upon reasonable .,.it « re e t
statement O f shall
legal title and legal deed:«+,,, of rl.e
Lads upon which the SiT.,rb is to be performed and
OkliNERs interest therein as necessary for giving notice
of ar filing a eehanie's lie... against ,eh lands in
accordance with applicable Laws and Regulations
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface mid Physical Conditions
4.2.1. Repo;is and Drawings: Reference is made to
the Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
42.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of D�enng Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
42.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents, then
CONTRACTOR shall, ffefnFAIy immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
42.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Actustments: 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;
42.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment,
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.16.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract, or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or studv 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
cone mittment, or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditions --Underground Facilities:
4.3.1. Show or Indcated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.12. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.32. 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, promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and detennine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEEWs
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laving out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum:, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial clanger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
- No
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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ARTICLE 5--BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit StatT, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER.
%3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.32. 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 anv other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. r1T�n qhAll
deliver t,. r-nrtTD (4(-) with eepies to each
additional- intsured identified in the Supplementary
evidence =rruguvacca by CONTRACTOR
raTnninfa�n in Accordance with
ffrHgFRt .3.s cA and c -7 Iwre .f
CONTR,ICTOR'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 clanns set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts,
i.42. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
�.43. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER'S
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds,
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
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 paragraph5.3.2 will so
provide),
5.4.12. remain in effect at least until final payanent
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work-
in accordance with paragraph 13.11 and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OyiNER's own liability insurance as
will protect OWNER against claims which may arise front
operations under the Contract Documents.
Property Insuran ce.•
ateranln andent storednr fl.e taro
.. ,.tl. 1 that was
.. 1...
OWNER to being rnre.-1 rl.e WProv,.rl,
5
:d I tl.nt s u I -Inter:n In n«,1 a «t l.n. a been
included in an Applicatien far Payment recommended
b L'1.TI`_TT RHR nl
5.6.5. be maintained in effect until final « e«t :
made unless otherwise agreed to in wfiting by
OWNER,CONTRACTOR and ENT�z1TMEP, with
thirty rare., nnfiep, to ..1, .dyer Additional
59. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the Work to the n.•te«t ..F n deductible amounts that are
r loss ithan such i e«t:F:ed deductible n n...all be born
by CIGNT ACTnA Subcontractor o others suffering
such less and if n of tl.e.,, ishe, « «err..
:tl1:...:ts f Such.. ,. ,.1. ...
rnl.n n.l . ntnin it at the rcha
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10
wI CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
191 In, 61_ _Is Innnnnnn
PIP
Receipt and Application of InsuranceProeeeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers and if required in writing by any arty in
«terest OINITE fiduciary shall give bond for the
proper performance, ofsuch dutiee
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the :Rcmds or insurance required to be
purchased and maintained by the other party
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
objecting pafty shall s notify the other party OWNER will
notify CONTRACTOR in writing within ten fifteen clays
after rat delivery of the certificates ems«
requested) to OWNER as required by paragraph 2.7.
other such additional «F r, ati„« in respect of insurane
provided as the other . reasonably request. If eitherparty does not purchase or maintain all of the Bonds a
insurance required of such party by the (4ontrae
Documents, such party shall notify the „then arty
Work, or of such failure to maintain prior to any chang
the required coverage. Without prejudice to warty other right
OF edy, the other party ,,, elect to obtain e ..le«Bends of instffanee te pfeteet such other par �Vs inter ests a
the expense of the party .. h„ , required to provide such
and a Change nr,ler shall be issued t„ ,.C1:U the
Contract Price accordingly.
Partial Utilization --Property Insurance:
5.15, If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10,
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6--CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence.•
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All
communications to the superintendent shall be as binding
as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without O NER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of anv Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall famish and assume
full responsibility for all materials, equipment, 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 Mang eg ment
Division or the City Clerk's office.
6.4.2. Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certify, that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance 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
paragraph 29) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect 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"Items.•
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 GENERAL CONDITIONS 1910-8 (1990 Edition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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. "Or -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-equaP'
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance ofproposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
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
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to 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 CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the 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 indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. COATM4CTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense.
6.7.2. Substitute Construction 1Llethods 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 ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7. L2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR. CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6_8. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
6_9.
CONTRACTOR shall perform not less than 20
percent of the Work with its own forces (that is,
without subcontracting). The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
6.8.2. if the S,,pple..,entar, Conditions Biddin
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in advance of the spec:.,.l
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—&n4- €
CONTRACTOR has submitted a list thereof in.
accordancwith the Supplementary Conditions
OWNER!- or ENGINEER- 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 such Subcontractor Supplier or other per -on
may F,a L _ . 1 „1 ,nd
L,
basis of reasonable „ l-wetion nffer diie in
oar:.,.. r:o..
,
---.- ___...__...,.4 4 urr- _.r� _......, . 1- _-
,will be issued or Written n Amendment signed. will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER. No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work.
69.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to any subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment".
13
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Wbane er ^ 1"h ^ p^t
add-itional m-siareds for A] lesses and damages caused -by,
arising out of or resulting from any of the perils covered -by
such policies and an), other property insurance applicabl
the Work. If the insurers on any such polices requ ri
Patent Fees and Rovalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
14 wI CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
pennits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTR4CTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6,15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
CONTRACTOR must apply for, and receive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the project This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid, Sales and Use Taxes on those building and
construction materials physically incorporated into
the project.
Address:
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Premises:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor pennit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work,
6.20 2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site. and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
detennines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 626.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.252. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 625.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval, nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
628. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER'S review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR's General Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers, or
6.30.1.2. normal wear and tear under nonnal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents,
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER,
6.30.2.5. any acceptance by OWNER or any
failure to do so,
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others, or
6.30.2.8. any correction of defective Work by
OWNER.
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER ENGINEER'S
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or famish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER'S Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and tenmination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
TL OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(it) CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OUTER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 18
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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
CONTRACTORS Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as tit and
proper for integration with CONTRACTOR'S Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
perfonmance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, fine or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized, and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACT OR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
..horn CONTRACTOR ...,.ke n reasonable ,.b:e,..:,...
whose status under the Contract Documents shall be that
of the former ENGINEER.
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER'S duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 4.2 refers to OWNER'S identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
R. S. O1.A14,1ER's responsibilities in respect of purchasing
forth in paragraphs 5.5 through 5.1 (�.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13A.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
OIPA'ER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER.
Vsits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
infonned of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEERSs authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 andnthe Supplerne-ntary
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 the Supplementary r,.nditio paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative LUR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subject to the following:
9.3.1. The Representative's dealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR. But, the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1. Schedules - Review the progress
19
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.22. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information, when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9.3.2.4.Review of Work, Rejection of Defective
Work, Inspections and Tests -
93.2.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.2. Report to the ENGINEER
whenever the Representative believes that the
Work is unsatisfactory, faulty or defective or
does not conform to the Contract Documents,
or has been damaged, or does not meet the
requirements of any inspections, tests or
approvals required to be made; and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation, or requires special testing,
inspection or approval.
9.3.2.4.3. Accompany visiting inspectors
representing public or other agencies having
jurisdiction over the Project, record the results
of these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER.
9.32.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 20
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modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9.3.2.7. Records.
9.3.2.7.1. Maintain at the Representative's
office orderly files concerning
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions
or original Contract Documents including all
Work Directive Changes, Addenda, Change
orders, Field Orders, additional drawings
issued subsequent to the execution of the
Agreement, ENGINEER'S clarifications and
interpretations of the Contract Documents,
progress reports and other project
docum ents.
9.32.7.2. Keep a diary, daily
report form, or log book, recording hours on
the job site, weather conditions, data relative
to questions of work directive changes,
Change Orders, or changed conditions, list
of job site visitors, daily activities, decisions,
observations in general and specific
observations in more detail as in the case of
observing test procedures; send copies to the
ENGINEER.
9.32.7.3. Record names,
addresses and telephone numbers of all
CONTRACTORS, subcontractors and
major suppliers of equipment and materials.
9.32.8. Reports.
932.8.1. Furnish ENGINEER periodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9.3.18.2. Consult with ENGINEER in
advance of scheduling major tests,
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft nronosed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders_ Work Directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.1.9. Payment Requests. Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the payment requested to the schedule of values,
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2.10. Completion.
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
93.2.10.2. Conduct final inspection in the
company of the ENGINEER, OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
93.3. Limitation of Authority: The Representative shall
not.
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER.
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR, Subcontractors, or
CONTRACTOR'S superintendent.
9.3.3.4. Advise on, or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such is
specifically called for in the Contract Documents.
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Trines and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Nariations in Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These maybe accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 624 through
628 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work perfonmed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (if) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a fonun of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes.-
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Trines will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. ENGINEER'S
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC-N "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty clays 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 clays of the date of such
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
`-- w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter pursuant to Article 16.
9.13. Limitations on ENGINEER's Authoritv and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall treats, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
0 114 1@00611KOII erei11.1IMIII1*91163*111
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (it) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties,
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.1 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.111
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
10.6. By the execution of a Change Order, a Work
Change Directive or Written Agreement, OWNER and
CONTRACTOR expressly acknowledge and akfee that
said Change Order, Work Change Directive or Written
Agreement provides for a fair and equitable adjustment in
the Contract Price and/or Contract Tunes for the additions
deletions or revisions in the Work as authorized by said
Change Order, Work Change Directive or Written
Agreement. OWNER and CONTRACTOR further
expressly acknowledge and agree that claims for
adjustments to the Contract Price and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid.
ARTICLE 11--CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
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
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional tome 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 detenmined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11.9.1 through 11.9.3, inclusive),
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5:
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but ri be limited to-
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and fetire :en benefits,'�s-,
sick lea_ vacation n and holiday pa applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.43. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to 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 proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.52. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof --all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER. No such losses, damages
and expenses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. If, however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The tern Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4--all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.52. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.53. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
1 L6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee, or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.62.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent,
11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent,
11.62.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.43 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 any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee of five percent of the amount paid .
the next l we_ tier Subeentraetor. to be ne«otiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.51
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
item ized cost breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
Of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes, and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work perfonmed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 26
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work, and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-fivepercent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the clain 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 claimants written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be detenmined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Tunes (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable time t e for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below,
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,12000)
below shall be paid as provided in said
paragraph 13.9, and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction, and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OIfATR 11ay Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated, however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal of Defective Work
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period:
13.12.1. If within one dear two year after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER'S written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (it)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR.
13.122.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment
13.12.3. Where defective Work (and damage to other
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 28
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of one year
two years after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNEWs evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER'S
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defecfive Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, aver seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOWs tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph. All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENT'S TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty clays before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et seq.
CONTRACTOR's bfarranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review of ApplieationsforProgressPayment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
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recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the famishing or
performance of Work-, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEERS 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 the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.72. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's perfonmance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive,
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing, giving the reasons therefor. If ENGINEER
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considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.102. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph S.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment.•
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
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to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Project manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR final
completion of the Work is significantly delayed and if
ENGINEER so confines, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
117aiver of Claims.•
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR except claims arising from
unsettled Liens, from defective Work appearing after
31
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.22. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction,
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
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CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR. If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work perform ed.
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 clue
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 tenminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work,
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty- days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16--DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in ExhibitGC-A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17--MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
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17.22. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent Colorado statutes
are as follows
17.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less than 80 Rercent
(801/o) of each type or class of labor in the several
classifications of skilled and common labor employed
on the project. Colorado labor means any person who
is a bona fide resident of the State of Colorado at the
tune of employment, without discrimination as to race,
color, creed, age, religion or sex.
17.6.2. If a claim is filed, OINUNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
pamient of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
subcontractors in or about the perfomiance of the Work.
Such funds must be withheld until said claims have
been paid or such claims as tiled have been withdrawn,
such payment or withdrawal to be evidenced by fil ng
with OWNER a receipt in full or an order for
withdrawal in writin and nd signed by the person filing
such a clai n or his duly authorized agents or assigns.
Such funds shall not be withheld longer than ninety_(90)
days following the date fixed for final settlement, as
published in a public newspaper in accordance with the
law, unless an action is commenced within that time to
enforce such unpaid claim and a notice of lis pendens is
filed with the OWNER. At the expiration of such
ninety (90) day period, OWNER shall pay to
CONTRACTOR such moneys and funds as are not the
subject of suit and lis pendens notices, and shall retain
only sufficient funds to insure the payment of
judgements which may result from the suit.
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EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEAIENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11, and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of Invitations.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a 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
16.4.1 such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
clays after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -Al
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -Ai
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of
Fort Collins modifications) and other provisions of the Contract Documents as indicated
below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and
Underground coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance
policy will have limits of $1,000,000 combined single limits
(CSL).
5.4.9 This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero days lost due to
abnormal weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Avery House Re -Roof
CONTRACTOR:
PROJECT NUMBER: 7360
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST
$ .00
TOTAL APPROVED CHANGE ORDER
0.00
TOTAL PENDING CHANGE ORDER
0.00
TOTAL THIS CHANGE ORDER
0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
(Assuming all change orders approved)
ACCEPTED BY:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
DATE:
DATE:
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT follows:
1
2 Original Contract Amount:
3 Net Chanqe by Chanqe Order:
$0.00
Net Change by Change Order
$0.00
Current contract Amount:
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
Less Retainage:
AMOUNT DUE THIS APPLICATION
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
$0.00
$0.00
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials Total
Item
This Earned Percent
Unit
Number Description Quantity Units Price Amount
Qty. Amount
Qty. Amount
Qty. Amount
Period To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials Total
Item
This Earned Percent
Unit
To
Number Description Quantity Units Price Amount
Qty. Amount
Qty. Amount
Qty. Amount
Period Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
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$0.00
$0.00
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$0.00
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$0.00
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$0.00
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$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS $0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
STORED MATERIALS
SUMMARY
On Hand
Item Invoice Previous
Number Number Description Application
Received
This
Period
PAGE 4 OF 4
Installed On Hand
This This
Period Application
$0.00
$0.00
$0.00
$0.00
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$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00 $0.00
Qualifications
The contractor must demonstrate successful experience in working on historic
architectural buildings, and in the completion of forms and reports required by the
Colorado Historical Society. Please provide 3 projects that are similar in scope
with the bid.
A resume shall be submitted for each general contractor key personnel and each
sub contractor key personnel working on the project, and all key personnel must
be identified.
All key personnel, including sub -contractors shall meet the Secretary of the
Interior's professional qualifications for Historians or Architectural Historians, as
identified in the Historic Preservation Fund Grants Manual, available online. The
Project Manager shall assume ultimate responsibility for project deliverables and
will be the primary contact for the project.
SCOPE OF THE WORK:
Work includes, but is not limited to, documentation of and subsequent removal of
all existing roofing materials down to the structural roof deck and replacement of
same with a new roofing assembly that is in compliance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties and in accordance
with local building codes. Roofing system includes, but is not limited to, the
installation of sawn, cedar shingles, appropriate underlayment(s), venting as
necessary, a small section of flat roof single ply membrane, galvanized drain
goods and repair of related roofing and architectural components required to
provide a watertight, historically accurate and esthetically pleasing installation
that replicates the roof originally installed on this structure.
Masonry:
1) All brick chimneys shall be re -pointed and a mortar analysis performed.
Roof flashings shall be inspected and replaced as necessary. Match
existing brick if any replacement is needed.
2) All sandstone block shall have mortar analysis performed.
3) The cracked mortar on the east turret sandstone block shall be repaired
as necessary. Match existing sandstone if any replacement is needed.
Gutters:
1) Replace all existing gutters and downspouts to match existing. Match
existing size with galvanized metal and same gauge as existing gutters.
Contractor to provide:
1. All permits.
2. Documentation by photos of the complete project and subsequent removal of
all existing roofing materials down to the structural roof deck and replacement
of same with a new roofing assembly that is in compliance with the Secretary
of the Interior's Standards for the Treatment of Historic Properties and in
accordance with local building codes.
3. Delivery of two (2) complete sets of photographs, processed and labeled
according to the Colorado Cultural Resource Survey Manual, in archival
sleeves. Additionally, two (2) sets of CDs or DVDs containing all the photos
taken, with the photo files in either a jpeg or of format, shall be provided to the
City
4. Install a temporary 6' high chain link construction fence with fence screen in
the yard around the perimeter of the building. Install gates for access where
appropriate. The fence needs to be in place and maintained throughout the
duration of the project.
5. Roofing system includes, but is not limited to, the installation of sawn, cedar
shingles, appropriate underlayment(s), venting as necessary, a small section
of flat roof single ply membrane, galvanized drain goods and repair of related
roofing and architectural components required to provide a watertight,
historically accurate and esthetically pleasing installation that replicates the
roof originally installed on this structure.
Substantial completion means: removal of all existing roof materials
including wood shingles, Duralast membrane on the flat roof section, galvanized
gutters and down spouts. Replacement of the wood shingles, flat roof membrane,
gutters and downspouts, also completion of the repairs to the cracked mortar
joints on the stone turret, plus tuck pointing of the brick chimneys. All
fencing, tool and equipment needs to be removed from the property, and
completion of any needed repairs to the landscaping such as sprinkler, sod, trees
or shrubs and clean up of construction debris.
SECTION - 07313
WOOD SHINGLES
PART 1 - GENERAL
1.01 WORK INCLUDED
A. New roofing as noted in the documents including cedar shingle
roofing, underlayments, eave, and ridge protection; associated
metal flashings
1.02 SUBMITTALS
A. Shop Drawings: Indicate specially configured metal valley and drip
edge flashings, trim, fastening methods and locations, and
installation details
B. Product Data: Provide data indicating material characteristics and
provide representatives samples of each for approval, prior to
installation
C. Manufacturer's installation instructions: Indicate preparation
required, installation procedures and scaffolding layout with
provisions for pedestrian protection
1.03 QUALITY ASSURANCE
A. Perform work in accordance with RCSHSB (Red Cedar Shingle &
Handsplit Shake Bureau) instructions
B. Roofing contractor to be bonded, licensed, fully insured and in
compliance with all other requirements of the City of Ft. Collins, CO
C. Demonstrate experience with re -roofing wood shingled historic
structures by provision of at least 3 project references on the
attached reference form
D. Shingles shall be installed in general accordance with NPS
Preservation
Brief # 19: The Repair and Replacement of Historic Wooden
Shingle Roofs
1.04 ENVIRONMENTAL REQUIREMENTS
A. Do not install eave edge ice dam protections when ambient
temperature is below 50 degrees F
PART 2 - PRODUCTS
2.01 SHINGLES
A. Shingles: Uniform thickness (3/8" nominal butt thickness, 5/2")
RCSHSB sized and graded Western Red Cedar #1 Grade
(Perfection), clear, straight, 100% edge grain (including under
coursing); eighteen (18) inches long, taper -sawn, square butt,
shingle style, traditional overlap pattern, 5 1/2" exposure
B. Shingle width limited to a minimum of four (4) inches and a
maximum of eight (8) inches (unless removal of existing roofing
overlay reveals a different shingle width variation and/or pattern)
C. Treatment: Provide documentation of factory preservative
treatment to improve fire retardancy yielding a U.L. Class "B: fire
rating
2.02 SHEET MATERIALS
A. Eave Ice Dam Protection: Sheet barrier of self-adhesive,
rubberized asphalt bonded to sheet polyethylene, 40 mil thickness,
with strippable treated release paper; manufactured by the Grace
Co., or equivalent
B. Underlayment: U.L./A.S.T.M. D226 No. 30 asphalt saturated felts,
un-perforated; weight to be confirmed by manufacturer's product
data sheet
C. Continuous Ventilation Air Space Underlayment: Three
dimensional nylon matrix "Cedar Breather" (or equivalent)
manufactured by Benjamin Obdyke, Inc.
2.03 ACCESSORIES
A. Nails: Type 304 or 316 stainless steel, or hot -dipped zinc coated
galvanized conforming to minimum standard ASTM 153 Class D
(1.0 oz/ft2)
OR (only after approval by the Owner and Engineer of procedures
and a sample pattern panel and assurances from the
Contractor/Roofer that resultant fastening is adequate for this
project's environmental exposure)
Staples: Type 304 or 316 stainless steel, minimum 16 gauge with
crowns 7/16" minimum horizontal, maximum 3/a" horizontal
B. Location/Penetration: Fasteners, two (2) per shingle, shall be
applied approximately 3/4" from the edge and approximately 1 1/2"
above exposure line, and shall be long enough to penetrate into the
original layer of solid wood sheathing at least 3/4" or all the way
through
C. Plastic Cement: Asphalt type with mineral fiber components, non -
asbestos
D. Lap Cement: Fibrated cutback asphalt type, non -asbestos
2.04 METAL FLASHING MATERIALS AND RIDGE CAP SHINGLES
A. Sheet Flashings and Ridge Cap Shingles: ASTM Berridge
Galvalume (or equal), 24 gauge, pre -weathered Galvalume finish,
(or Satin Finish Galvalume), refer to existing for profiles
B. Bituminous Paint: Acid and alkali resistant type, black color
C. Nails: Standard round wire roofing type, stainless or hot dipped
zinc coated steel, of sufficient length to penetrate through shingles
and into wood substrate
2.05 FLASHING FABRICATION
A. Form flashing to match existing profiles and to protect materials
from physical damage and shed water
B. Form sections square and accurate to profile, in maximum possible
lengths and spliced widths, free from distortion or defects
detrimental to appearance or performance
C. Hem exposed edges of flashing a minimum of 1/4 inch on
underside; unless noted otherwise, metal hip and ridge cap
shingles shall not be hemmed
D. Apply bituminous paint on concealed surfaces of flashings if
flashing has no factory pre -finish on "back" side/concealed
surface(s)
PART 3 - EXECUTION
3.01 EXAMINATION AND PREPARATION
A. Verify that any chimney and roof penetrations are flashed to deck
surface
B. Verify deck surfaces are dry, free of ridges, warps, or voids
C. Broom clean surfaces
D. Fill known holes and surface cracks with an approved filler at areas
of bonded eave protection
E. Confirm configuration of existing roof decking and in those cases
where spaced sheathing is present, install 1/2 CDX plywood
sheathing over entire area of spaced sheathing
F. Existing wood shingles, metal roofing and miscellaneous flashings
to be completely removed
G. Document original wood shingle patterns, sizes, detail, and weather
exposure and retain representative samples
3.02 INSTALLATION - EAVE/ICE DAM PROTECTION
A. Place eave and gable edge metal flashings tight with fascia boards;
weather lap joints and seal with plastic cement; secure flange with
nails
B. Apply rubberized asphalt/polyethylene sheet eave protection (ice
and water shield) in accordance with manufacturer's instructions
and as shown on the Drawings
C. Apply lap cement over underlayment starter strip
D. Extend eave/ice dam protection membrane minimum four (4) feet
upslope beyond interior face of exterior wall, unless otherwise
directed by the Owner
3.03 INSTALLATION - PROTECTIVE UNDERLAYMENT
A. Place two plies of D226 No. 30 felt underlayment over entire area,
with ends and edges weather lapped and nailed; stagger end laps
of each consecutive layer
B. Install perpendicular to slope of roof
C. Weather lap and seal watertight with plastic cement, items
projecting through or mounted on roof
3.04 INSTALLATION - VALLEY PROTECTION
A. Place one layer of tapered sheet metal flashing, minimum 22
inches wide, centered over valleys and "W" crimped to guide water
B. Weather lap joints
3.05 INSTALLATION - METAL FLASHINGS
A. Install flashings in accordance with RCSHSB requirements and as
approved by the Owner/Engineer
B. Weather lap joints and seal weather tight with plastic cement;
secure in place with concealed fastenings
C. Flash and seal work projecting through or mounted on roof with
plastic cement, weather tight
3.06 INSTALLATION - CONTINUOUS VENTILATION/AIR SPACE
UNDERLAYMENT
A. Place over felt underlayment one layer of three dimensional nylon
matrix over entire area except at open non -shingled valleys
B. Install per Manufacturer's recommendations for a wood shingle
installation
C. Installation includes appropriate detailing at hip and ridge cap
locations and roofing transition interfaces at "widow's walk" upper
roof platform flashing/counter flashing
3.07 INSTALLATION - SHINGLES
A. Place shingles in accordance with RCSHSB requirements to
produce straight coursing pattern with five and one-half (5 1/2) inch
weather exposure to produce triple thickness over entire roof area
(unless demolition of existing wood shingle roofing indicates
otherwise)
B. Provide double starter course at eaves
C. Project first course beyond face of fascia boards and drip flashing
approximately 1/2 inch
D. Use minimum two (2) inch edge overlap
E. Coordinate installation of weather tight placement of counter
flashings
F. Complete installation to provide weather tight service
G. Roofer is responsible for daily weather protection of the interior of
the building, re -roofing debris removal, and site clean-up including
protective storage of materials off -site and/or on -site as coordinated
with the Owner
END OF SECTION