HomeMy WebLinkAboutRFP - P1022 CURED-IN-PLACE SANITARY SEWER STORMWATER MAINS REHABILITATIONCity of Fort Collins
Request for Proposal
CURED-IN-PLACE-PIPE
SANITARY SEWER/STORMWATER MAINS
REHABILITATION
Proposal No. P1022
OPENING DATE: 3:00 P.M. (Our clock ) July 10, 2006
TABLE OF CONTENTS
Request for Proposal 2 Pages
Project Scope of Work 5 Pages
Proposal Guidelines 3 Pages
Unit Price Sheet 1 pages
Contractor Review and Assessment 1 page
Services Agreement 7 pages
Exhibit A (Workorder Form) 2 pages
Change Order (Sample) 1 page
Exhibit C (General Conditions)
Table of Contents 16 pages
General Conditions 36 pages
Exhibit GC-A 1 page
Supplementary Conditions 1 page
Exhibit D Insurance Requirements 1 page
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1022 Cured-in-Place Pipe
Sanitary Sewers/Stormwater Mains Rehabilitation
The City of Fort Collins IS REQUESTING PROPOSALS FROM QUALIFIED CONTRACTORS FOR
VARIOUS SIZED Sanitary Sewer and Stormwater mains Rehabilitation for the City of Fort Collins
using the Cured-In-Place Pipe Process. Estimated requirements for the first annual contract will
include: 325 lineal feet – 42” CMP; 450 lineal feet – 36” CMP; 450 lineal feet 30” CMP; 2,830 lineal
feet – 12”VCP; 846 lineal feet – 8” VCP. Service Connectons: 49.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our
clock), July 10, 2006. Proposal No. P1022. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Technical questions concerning this project should be directed to the Project Manager, Ray Fisher,
Wastewater Line Supervisor at 970-221-6233. E-mail Address: rfisher@fcgov.com.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer (970) 221-6778. E-mail Address: odick@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins and the Utility reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
The City of Fort Collins and the Utility will select a qualified contractor to complete the Cured-In-Place
Pipe Process based on the criteria outlined in this proposal. It is intended that this will be an annual
workorder contract with, at the option of the City, annual renewals for up to four (4) additional years.
Additionally, the City reserves the right to solicit bids for any or all projects should they deem it in the
best interest of the City of Fort Collins and the Utility.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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REQUEST FOR PROPOSAL
P1022 Cured-in-Place Pipe
Sanitary Sewers/Stormwater Mains Rehabilitation
PROJECT SCOPE OF WORK
HISTORY:
Over the last twenty (20) years the City of Fort Collins has installed on the average 2,000 to
3000 feet of 8” and 1,000 to 1,500 feet of 10” cured in place pipe. Over a three year period in
the 1990’s an average of 700 feet of 21” and 800 feet of 18” cured in place pipe was installed.
Additionally in the late 1990’s and early 2000’s an average of 900 feet of 24” and 1,000 feet of
12” cured in place pipe was installed. The City of Fort Collins selectively used 6” cured in place
pipe in 1987 200 feet, 1994 260 feet, and 1,250 feet in 1999.
SCOPE OF WORK:
The following scope of work is a minimum requirement for Cured In Place Pipe Contractor:
• Addresses:
2300 & 2400 Block (s) Stover Street
700 Block Willox Lane
400 Block Hickory Street
1500 Block Yount Street
1100 Block Linmar Drive
200 Block Dartmouth Trail
• Pipe Diameter:
42” CMP 325 lineal feet
36” CMP 450 lineal feet
30” CMP 450 lineal feet
12” VCP 2,830 lineal feet
8” VCP 846 lineal feet
• Service Connections:
Service Connections 49
Protruding Taps: 0
• Certificate of Insurance:
Contractor must provide certificate of insurance as indicated in Exhibit “D”
• Schedule:
All work to be completed within 90 days of notice to proceed.
• Preconstruction Conference:
After the contract award and prior to commencing work, the contractor will attend a
preconstruction conference. The contractor will have the following submittal available for
City of Fort Collins approval: Traffic control plans, Fire Hydrant metering, Homeowner
notification letter, summary of equipment to be used, sources of materials, summary of
trenchless lining method to be used, major subcontractors, proposed method of handling
existing sewage while replacing lines.
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• Mobilization and Demobilization
• Confined Space Entry:
The workplace contains permit spaces and entry is allowed only through compliance
with a permit-required confined space program meeting the requirements of 29 CFR
1910.146. Any Contractor retained by the City of Fort Collins to perform permit space
entry operations shall: Inform the City of Fort Collins of the permit space program that
the contractor will follow and of any hazards confronted or created in permit spaces,
whether through a debriefing or during the entry operations.
• Traffic Control:
The contractor shall follow all City of Fort Collins codes and regulations, which include
the “Manual of Traffic Control Devices” and the “Colorado Supplement” to this manual.
The Contractor will submit a written Traffic Control Plan in accordance with previously
mentioned codes and manuals. When the contracted project requires more than one
traffic control plan, more than one will be provided. All traffic control plans will be
submitted to the Traffic Operations Superintendent. The Contractor shall appoint a
Traffic Control Supervisor to this project. The Traffic Control Supervisor shall be certified
as a Worksite Traffic Supervisor by the American Safety Services Association (ATSSA).
Traffic control is to be paid for as part of the unit price for various other work and shall
not be paid for separately.
• Permits:
Projects within the State Highways require a permit from the Colorado Department of
Transportation. Contractors can not obtain permits directly from the state. The
contractor shall make application to the City of Fort Collins by filling out the appropriate
forms. Before and after normal working hours 8 am to 5 pm the City of Fort Collins
requires a noise ordinance variance permit which can be obtained from the Code
Compliance Supervisor at 970 –221-6675. If contractor vehicles or equipment are
parked in designated parking areas parking permits will need to be obtained from
parking enforcement at 970- 221-6617.
• Materials:
The tube requirement shall meet the requirements of ASTM F1216
• Pumping and Bypassing:
When pumping and bypassing is required, the Contractor shall supply the pumps,
conduits, and other equipment to divert the flow of sewage around the manhole section
in which work is to be performed. The bypass system shall be of sufficient capacity to
handle existing peak flow plus additional flow that may occur during a storm. The
bypassing system shall be water tight and not leak. The contractor will be responsible
for furnishing the necessary labor and supervision to set up and operate the pumping
and bypassing system. At no time will the bypass operation be unattended. Pumps
shall be equipped in a manner to keep hose noise to a minimum. Standby equipment
will be available to allow continuous operation of bypass pumping despite equipment,
pump, or generator failure. All bypassed sewage flow shall be returned to the sanitary
sewer system. The bypass piping shall not interfere with traffic unless absolutely
necessary. The use of steel plates or other ramp materials is anticipated. With this
type of sewer line rehabilitation, interruptions of the normal flow of sewage from
residences and businesses are expected. The contractor will be responsible for
notifying the affected users and insuring that any interruptions are as brief as possible.
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• Flow Control Precautions:
Precautions must be taken to insure that sewer flow control operations do not cause
flooding or damage to public or private property being served by the sewers involved.
Contractor will be liable for private property damages caused by sewer blockages
resulting from contractor’s activities of lack of action to prevent. Contractor will be
liable for punitive damages should the City of Fort Collins be fined by a regulatory
agency because of the contractor’s failure to control sewage flow.
• Cleaning of Sewer Lines:
The contractor will remove all internal debris out of the sewer line that will interfere with
the installation of cured in place pipe. The contractor will be responsible for disposal of
all debris removed from the sewers during cleaning operation.
• Line Obstruction:
It will be the responsibility of the contractor to clear the line of obstructions such as
solids, roots and protruding service connections that will prevent the insertion of the
liner. If inspection reveals an obstruction such as protruding service connection,
dropped joint, or a collapse that will prevent the cured in place pipe process, and it
cannot be removed by conventional sewer cleaning equipment, then the City of Fort
Collins project manager will make a decision for the appropriate action prior to the
commencement of the work.
• Service Line Location:
During the inspection of the sanitary and storm sewer lines the contractor will be
responsible for locating all service connections to the sanitary and storm sewer mains.
The contractor will also determine if each individual service connection is active or
inactive and to what property they are connected. Inactive service connections may or
may not be reconnected. The project manager will make the final decision on
reconnecting inactive services.
• Inspection of Pipelines:
Prior to lining the pipe the contractor will clean and television inspect the sanitary and
storm sewer lines. The contractor will inspect the sanitary and storm lines with a closed
circuit television unit (CCTV). At the time of this inspection the contractor will produce a
hard copy TV reports and video tapes of the complete project.
• Public Information and Notification:
The contractor will be responsible for contacting each home/apartment or business
connected to the sanitary sewer informing them of the work to be done, and when the
system will be off line and including but not limited to the following:
o Written notification to be delivered by mail one week prior to installation to each
home or business describing work, schedule, what impact or how it affects
tenants or owners, and a local telephone number of the contractor they can call
to discuss the project or problems.
o Personal contact with homeowners on the day of pre-installation inspection of the
sewer. Each lateral shall be verified by having the owner/tenant run water down
their drain. If the owner/tenant is unavailable, other arrangements shall be made
to drain water through the lateral.
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o Personal contact with owner/tenant and written notice the day prior to beginning
reconstruction of the section of sewer to which they are connected.
o Personal contact with any home or business which cannot be reconnected within
the time stated in the written notice.
o If required by a served business or homeowner, portable toilets for use by the
occupants will be furnished and serviced by the contractor. The cost of these
items are considered to be included in the cost of the cured in place pipe
installation. No additional payment will be made for these items.
o Daily notification of job location and schedule to the project manager is
mandatory. This will be accomplished by faxing a report the night before or on
the morning work will begin. This will be done for each location. The City of Fort
Collins Utilities fax number is: 970-221-6619
o The use of water from fire hydrants will be free to the contractor. However a
hydrant meter/backflow preventer with auxiliary valve will be connected to the
approved fire hydrant. Only fire hydrants approved by the City of Fort Collins will
be used. All fire hydrant use will be coordinated through the Water Utilities leak
detection specialist Lindy Westcott @ 970-221-6234 or 970-222-0064.
• Installation:
Cured in place pipe installation shall be in accordance with ASTM F1216, section 7. The
quantity of resin used for tube impregnation shall be sufficient to fill the volume or air
voids in the tube with additional allowances for polymerization shrinkage and the loss of
resin through cracks and irregularities in the original pipe wall. A vacuum impregnation
process shall be used. A roller system shall be used to uniformly distribute the resin
throughout the tube.
• Reinstatement of branch connections:
Branch connections will be reopened without excavation, utilizing a remote controlled
cutting device, monitored by a video TV camera. The contractor will certify they have a
minimum of two (2) complete working cutters before reconstruction. No additional
payment will be made for excavations for the purpose of reopening connections and the
contractor will be responsible for all costs and liability associated with such excavation
and restoration work. No service connection will remain out of service for more than 24
hours without the contractor providing some means of temporary facilities or hotel
accommodations for the residents. Service lines will be reconnected with 100% of their
original capacity.
• Quality control:
The contractor will be responsible for the quality, safety and protection of work until
accepted by the City of Fort Collins.
• Inspection:
Cured in place pipe samples will be prepared and tested in accordance with ASTM
F1216, Section 8.1 using method 8.1.1 when space and size permits. The results will be
submitted to the City of Fort Collins.
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A television inspection of the completed project will be performed by the contractor. The
City of Fort Collins will have a representative present at the time of this inspection. At
the time of this inspection the contractor will produce color video tapes of the entire
project. These video tapes will be delivered to the project manager at completion of the
project. The contractor will maintain bypassing operations during this inspection so the
entire circumference of the pipe can be viewed.
Prior to expiration of two (2) years from date of substantial completion, the City of Fort
Collins project manager will make visual inspection of the project in company with other
representatives of the City of Fort Collins to determine whether corrective work is
required. The contractor shall attend this inspection if requested by the City of Fort
Collins.
• Clean up:
Upon acceptance of the cured in place pipe installation and testing, the contractor will
reinstate the project area affected by the operations. Waste material will be disposed of
by the contractor at his expense.
• Measurement and payment:
Payment will be made based on unit price of material actually installed in the sanitary
and storm water systems. Measurement for cured in place pipe payment will be that
footage measured from center of manhole to center of manhole or actual length of line.
• Warranty:
The contractor and the manufacturer shall warranty all materials and workmanship for a
period of two (2) calendar years. The warranty shall cover, but not limited to the
following: Defects discovered in material used in the project. Failure of liner to remain
formed to the previously existing sewer line. Lateral connections that were active but
not reconnected to the line at the time of construction. Any damages resulting from
same.
• References:
The contractor will provide to the City of Fort Collins all references both past and present
projects including project name, contact person, and telephone number.
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PROPOSAL GUIDELINES
Qualified contractors interested in the work described in this request should submit a minimum
of the following information to the City:
Described in detail your firms approach to the project.
1. General information.
a. Name of firm, contact person for this proposal, title, phone number, fax
number, street and mailing addresses, any previous names of firm in last ten
(10) years, and date established.
b. List in detail current projects under construction and include owner’s name,
contract price, percent complete, scheduled completion date and brief
description of the type of work.
2. Key project staffing.
Submit the following information:
a. An organization chart of onsite project management with names
b. An organizational chart of all management with names that will be involved in
the project including subcontractors
c. Job descriptions of key positions (i.e., onsite supervisor, all personnel of
installation crew, others as appropriate)
d. Resumes or work history of individuals proposed to fill these key positions
e. Define who will negotiate (a) the master agreement (b) individual workorders
f. Indicate the availability of all individuals proposed on this project
Please indicate your firms approach to staffing the entire project. Indicate
pertinent work experience of assigned personnel. Include references from
owners for the last 3 projects for each assigned person and similar references for
work on cured in place pipe (CIPP) reconstruction process (if not among last
three projects). Indicate if key staff will be assigned to manage the work for the
duration of the contract. Indicate if the City would be allowed to review resumes
of any key replacement staff.
3. General company resources.
Indicate the resources available for construction approach and methods,
construction sequencing and scheduling, equipment scheduling. Indicate
location(s) if not based in the office location listed in item 1 above. List all
projects and contract amounts completed by the firm in the past five years.
Please address in detail the availability of personnel and equipment to perform
this work.
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4. Project experience.
Provide brief summary of cured in place pipe work performed by the firm in
the last five (5) years. Highlight any participation by key staff proposed for this
project. Provide data on:
o Bid cost
o Cost at completion and number of change orders
o Contractor, subcontractor or owner initiated claims and their
resolution
o Contract time for completion when bid
o Actual completion time
Brief discussion of any unusual factor is encouraged (e.g. Owner initiated
delays, additions to the work, etc.). Provide an owner reference for cited
projects.
5. Team Approach.
Describe an experience by the firm or key staff which demonstrates your ability to
work with owners in a team environment.
6. Safety record.
Provide the firm’s OSHA reportable accident rate and current workman’s
compensation insurance multiplier for the last three (3) years. Provide the OSHA
reportable accident rate on projects managed by the proposed project manager
over the three year period.
7. Subcontractors.
Based on the description of the work in this request, describe which portions of
the work (if any) will be performed by subcontractors.
8. Damages Caused by Contractor.
Describe any major and/or minor damages caused by contractor to others
property during the last three (3) years. Indicate how the damages were handled
and by whom.
9. Construction Costs.
In your written response to this proposal provide linear foot pricing for each size
of pipe from minimum size to maximum size. Linear foot cost must include all
permits, labor, materials, equipment, tools, transportation, and supplies required.
Mobilization may be included in linear foot cost or may be separate, but all costs
must be identified clearly. Indicate what warranty will be provided to the City of
Fort Collins
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10. Installation Process.
Define the technical process, including materials, to be used in the Cured-In-
Place installation. This must include all steps for delivery of the attached
workorder in this RFP. Work order sample is attachment to the contract
contained in this RFP.
11. Financial statement.
Provide a recent financial statement showing:
o Current assets
o Other assets
o Current liabilities
o Other liabilities
12. Insurance Company.
Provide the name, address and phone number of the firm’s insurance agent(s).
Provide certificate of insurance outlining coverage and policy limits. Can this
coverage be extended for work on this project? Can coverage be increased?
Can the City be listed as an additional insured? Are there any current claims that
will affect coverage limits available to the City for this project? See supplemental
instructions for minimum coverages required by the City.
13. Available Equipment.
Provide a list of equipment to be utilized on the project defined. Provide a list of
additional equipment that is available if required.
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CONTRACTOR REVIEW AND ASSESSMENT
Construction firms will be evaluated on the following qualification criteria. Criteria will form the
basis for rating for written proposals as well as oral interviews. At the option of the City firms
may be invited for interviews.
Rating scale will be from 1 to 5 (or 10, depending on maximum possible points), with 1 being a
poor rating, and the maximum possible points being an outstanding rating.
POSSIBLE POINTS
MAX-MIN
QUALIFICATION STANDARD
10-1 Scope of Proposals Does the proposal show an understanding of
the scope of the project, methodology to be
use in the construction phases and the
results that are desired from the project?
10-1 Assigned Project Team Does the proposed team have the
necessary skills and experience to fulfill the
requirements of the project? Are the key
staff available to do the work?
5-1 Safety Record “OSHA Illness/Injury Rate”, “OSHA Lost
Work Day Incidence Rate” and Workman’s
Compensation Experience Modification Rate
Insurance Multiplier.
10-1 Firm Experience Has the firm worked on projects similar in
scope to this project? Was this work of a
high quality in nature?
10-1 Construction Cost Factors Do the proposed construction costs compare
favorably with industry standards and other
firm’s construction costs?
10-1 Firm Capability Does the firm have experience, equipment,
manpower and finances to complete the
work?
10-1 Construction Performance Do the referenced projects reflect favorably
in respect to completion within the contract
schedule, cost and number of change orders
and claims?
5-1 Motivation Has the firm shown an interest in work and a
commitment to the successful completion of
the project?
References will be considered and ranked as satisfactory/unsatisfactory.
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UNIT PRICE SHEET
P1022
OPENING: July 10, 2006 at 3:00 p.m., (our clock)
Specifications:
QTY. DESCRIPTION PRICE/UNIT EXTENSION
325 Lineal Feet 42” CMP $ $
450 Lineal Feet 36” CMP $ $
450 Lineal Feet 30” CMP $ $
2,830 Lineal Feet 12” VCP $ $
246 Lineal Feet 8” VCP $ $
49 EA. SERVICE TAPS $ $
0 EA. PROTRUDING
TAPS $ $
Total
$
Completion:
Completion will be made within _______ days after receipt of Notice to Proceed.
Prices must be quoted FOB Destination: Fort Collins, CO
Warranty: ____ Yrs. (2 year minimum)
Additional Size: Please provide per lineal ft. unit prices on other sizes you can provide and any additional
costs or pricing if quantities differ on those listed above:
DESCRIPTION $ Per Lineal
Foot
$
$
$
$
$
$
$
$
For questions concerning this bid, contact Opal F. Dick, CPPO, Senior Buyer, 970-221-6777.
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SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and _______________ hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties
for services for P1022 Cured-In-Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation.
The conditions set forth herein shall apply to all services performed by the Service Provider on
behalf of the City and particularly described in Work Orders agreed upon in writing by the
parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit
"A", consisting of ____ (_) page(s) and incorporated herein by this reference, shall include a
description of the services to be performed, the location and time for performance, the amount
of payment, any materials to be supplied by the City and any other special circumstances
relating to the performance of services. The EJCDC General Conditions 1910-8 (1990 Edition)
with the City of Fort Collins Modifications (Rev 9/99), which is attached hereto as Exhibit “C”
consisting of _______(__) pages, and incorporated herby this reference, shall be included as
part of the contract requirements. No work order shall exceed $75,000. The only services
authorized under this agreement are those which are performed after receipt of such Work
Order, except in emergency circumstances where oral work requests may be issued. Oral
requests for emergency actions will be confirmed by issuance of a written Work Order within two
(2) working days.
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b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence September 1, 2006, and
shall continue in full force and effect until August 31, 2007, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Service Provider and mailed no later than 90
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
17
6. Early Termination by City/Notices. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City: Service Provider:
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B",
consisting of ____ (_) page[s], and incorporated herein by this reference.
Utility PSA WO January, 2005
b. Payment shall be made by the City only upon acceptance of the work by
the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the performance of
such work.
8. Liquidated Damages. OWNER and CONTRCTOR 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 the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays, expenses
and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amount set forth in each Work Order.
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
Utility PSA WO January, 2005
12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights under the
Agreement or of any cause of action arising out of the performance of this Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of
their respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to
City.
14. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
Utility PSA WO January, 2005
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representative, successors and assigns of said parties.
17. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing
the work hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within Exhibit
"D", consisting of _____ (____) page[s], attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver to the
City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado
80522 one copy of a certificate evidencing the insurance coverage required from an insurance
company acceptable to the city.
Utility PSA WO January, 2005
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
20. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit ___, consisting of
_____ (____) page[s], attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date: ______________________________
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____ [insert name of business]
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
______________________
DATED: _____________
Work Order Number: _________________________________________________________________
Purchase Order Number: ______________________________________________________________
Project Title: ___________________________________________________________________
Commencement Date: _______________________________________________________________
Completion Date: ____________________________________________________________________
Maximum Fee: (time and reimbursable direct costs):_________________________________________
Project Description: __________________________________________________________________
___________________________________________________________________________________
Scope of Services: Address: 666666 South Santa Fe Dr., Ft. Collins, Co. (Not a real address)
Pipe Diameter: 8” Vetrified Clay Pipe
Length: 319 Lineal Feet
Service Connections: 6-3 Taps & 3 Wyes
Protruding Taps: 0
Inlinder Tube: 0.20 nominal wall thickness, based on 400,000 PSI Modulus
¾ Certificate of Insurance as indicated in Contract
¾ Mobilization and demobilization
¾ Pipeline cleaning prior to and after installation
¾ Preliminary Video and Service Connection Identification
¾ Mainline Bypass pumping during installation
¾ Inliner pipe installed complete including curing and finishing
¾ As-built Video inspection logs and Video tape
¾ Proper Traffic Control for the work site as approved by Larimer County
Access and Utility Coordinator and Homeowners Association
¾ Coordination and notification with project resident, homeowners association,
water districts, including letters and flyers prior to installation
¾ Coordination with appropriate water district to operate fir hydrants and
purchase supply water during installation
¾ Daily fax notification to Utility Supervisor of project work being completed on
that day
¾ Project pre-construct meeting with Utility Supervisor
¾ Two Year Contractor’s Warranty
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
The attached forms consisting of Exhibits _, _,
_, consisting of ___ (_) pages are hereby
accepted and incorporated herein, by this
reference, and Notice to Proceed is hereby
given.
cc: Purchasing
Professional:
By: ___________________________________
Date: _________________________________
City of Fort Collins
Submitted By: __________________________
Project Manager
Date: ___________________________
Reviewed by: ___________________________
Date: ___________________________
Approved by: ___________________________
Date: ___________________________
Approved by: ___________________________
Director of Purchasing & Risk Management
(if over $30,000.)
Date: ___________________________
CITY OF FORT COLLINS
CHANGE ORDER
***********************************************************************************************************************
WORKORDER NO.
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
PURCHASE ORDER NO.:
***********************************************************************************************************************
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
***********************************************************************************************************************
ORIGINAL WORKORDERCOST $__________
TOTAL APPROVED CHANGE ORDERS $__________
TOTAL PENDING CHANGE ORDERS $__________
TOTAL THIS CHANGE ORDER $__________
TOTAL % OF ORIGINAL WORKORDER, THIS C.O.: ___% $__________
TOTAL % OF ORIGINAL WORKORDER, ALL C.O.’S: ___% $__________
ADJUSTED WORKORDER COST $__________
(Assuming all change orders approved)
***********************************************************************************************************************
ACCEPTED BY: ______________________________ DATE:__________________________
Contractor’s Representative
SUBMITTED BY: ______________________________ DATE:__________________________
City Representative
REVIEWED BY:_______________________________ DATE:__________________________
Title:
APPROVED BY: _______________________________ DATE:__________________________
Title:
APPROVED BY: _______________________________ DATE:__________________________
Title:
APPROVED BY:_______________________________ DATE:__________________________
DIRECTOR OF PURCHASING (IF OVER $30,000)
cc: Purchasing, City Representative, Contractor
Utility PSA WO January, 2005
EXHIBIT “C”
EJCDC
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (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)
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
ii
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page
Number & Title Number
1. DEFINITIONS ................................ ......................1 .
1.1 Addenda................................ ..............1
1.2 Agreement................................ ...........1
1.3 Application for Payment.......................1 .
1.4 Asbestos ................................ ..............1
1.5 Bid ................................ .....................1 .
1.6 Bidding Documents..............................1 .
1.7 Bidding Requirements..........................1 .
1.8 Bonds ................................ .................1 .
1.9 Change Order................................ ......1
1.10 Contract Documents.............................1 .
1.11 Contract Price................................ ......1
1.12 Contract Times................................ ....1
1.13 CONTRACTOR ................................ ..1
1.14 defective................................ ..............1
1.15 Drawings................................ .............1
1.16 Effective Date of the Agreement............1
1.17 ENGINEER................................ .........1
1.18 ENGINEER's Consultant......................1 .
1.19 Field Order................................ ..........1
1.20 General Requirements..........................2 .
1.21 Hazardous Waste................................ .2
1.22.a Laws and Regulations; Laws or
Regulations ................................ .......2
1.22.b Legal Holidays................................ .....2
1.23 Liens ................................ ..................2 .
1.24 Milestone................................ .............2
1.25 Notice of Award................................ ..2
1.26 Notice to Proceed................................ .2
1.27 OWNER ................................ ..............2
1.28 Partial Utilization................................ 2
1.29 PCBs ................................ ..................2 .
1.30 Petroleum................................ ............2
1.31 Project ................................ ................2 .
1.32.a Radioactive Material.............................2 .
1.32.b Regular Working Hours........................2 .
1.33 Resident Project Representative.............2
1.34 Samples................................ ...............2
1.35 Shop Drawings................................ ....2
1.36 Specifications................................ ......2
1.37 Subcontractor ................................ ......2
1.38 Substantial Completion.........................2 .
1.39 Supplementary Conditions....................2 .
1.40 Supplier................................ ...............2
1.41 Underground Facilities......................2-. 3
1.42 Unit Price Work................................ ...3
1.43 Work ................................ ..................3 .
1.44 Work Change Directive........................3 .
1.45 Written Amendment.............................3 .
Article or Paragraph Page
Number & Title Number
2. PRELIMINARY MATTERS ................................ 3
2.1 Delivery of Bonds.............................3 .
2.2 Copies of Documents.........................3
iii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page
Number & Title Number
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material.....................7-8
5. BONDS AND INSURANCE ................................ . 8
5.1-5.2 Performance, Payment and Other
Bonds ................................ ...............8
5.3 Licensed Sureties and Insurers;
Certificates of Insurance.....................8
5.4 CONTRACTOR's Liability
Insurance................................ ..........9
5.5 OWNER's Liability Insurance...............9
5.6 Property Insurance..........................9-.10
5.7 Boiler and Machinery or Addi-
tional Property Insurance..................10
5.8 Notice of Cancellation Provision.........10
5.9 CONTRACTOR's Responsibility
for Deductible Amounts....................10
5.10 Other Special Insurance......................10
5.11 Waiver of Rights................................ 11
5.12-5.13 Receipt and Application of
Insurance Proceeds......................10-11
5.14 Acceptance of Bonds and Insur-
ance; Option to Replace....................11
5.15 Partial Utilization--Property
Insurance................................ ........11
6. CONTRACTOR'S RESPONSIBILITIES ...............11
6.1-6.2 Supervision and Superintendence........11
6.3-6.5 Labor, Materials and Equipment.... 11-12
6.6 Progress Schedule..............................12 .
6.7 Substitutes and "Or-Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation.............12-13
6.8-6.11 Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights..........................13-14
6.12 Patent Fees and Royalties....................14
6.13 Permits ................................ .............14
6.14 Laws and Regulations.........................14
6.15 Taxes ................................ ...........14-15
6.16 Use of Premises................................ . 15
6.17 Site Cleanliness................................ . 15
6.18 Safe Structural Loading.......................15
6.19 Record Documents.............................15 .
6.20 Safety and Protection.....................15-16
6.21 Safety Representative..........................16
6.22 Hazard Communication Programs.......16
6.23 Emergencies................................ .....16
6.24 Shop Drawings and Samples...............16
Article or Paragraph Page
Number & Title Number
6.25 Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal................................ ....16
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
iv
Article or Paragraph Page
Number & Title Number
9.6 Rejecting Defective Work ...................21 .
9.7-9.9 Shop Drawings, Change Orders
and Payments................................ ....21
9.10 Determinations for Unit Prices........21-22
9.11-9.12 Decisions on Disputes; ENGI-
NEER as Initial Interpreter................22
9.13 Limitations on ENGINEER's
Authority and Responsibilities......22-23
CHANGES IN THE WORK................................ ........23
10.1 OWNER's Ordered Change.................23
10.2 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
DEFECTIVE 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
Article or Paragraph Page
Number & Title Number
13.8-13.9 Uncovering Work at ENGI-
NEER's Request......................27-28
13.10 OWNER May Stop the Work...........28
13.11 Correction or Removal of
Defective Work ...........................28 .
13.12 Correction Period...........................28 .
13.13 Acceptance of Defective Work.........28
13.14 OWNER May Correct Defective
v 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...............................2.. 5, 6.30, 6.34
Access to the--
Lands, OWNER and CONTRACTOR
responsibilities................................ ..............4.1
site, related Work................................ ...............7.2
Work, ................................ ..........13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR ................................ ...6.9.1, 9.13.3
ENGINEER................................ ...........6.20, 9.13.3
OWNER ................................ ....................6..20, 8.9
Addenda--definition of (also see
definition of Specifications)........(1.6, 1.10, 6.19), 1.1
Additional Property Insurances................................ .. 5.7
Adjustments--
Contract Price or Contract
Times...........................1..5, 3.5, 4.1, 4.3.2, 4.5.2,
..............................4.. 5.3, 9.4, 9.5, 10.2-10.4,
................................ .........11, 12, 14.8, 15.1
progress schedule................................ ................6.6
Agreement--
definition of................................ ........................1.2
"All-Risk" Insurance, policy form............................5... 6.2
Allowances, Cash................................ ....................11.. 8
Amending Contract Documents................................ . 3.5
Amendment, Written--
in general.................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
...........................6.. 8.2, 6.19, 10.1, 10.4, 11.2
................................ ....12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to...........................9.. 10, 9.11, 10.4, 16.2, 16.5
Application for Payment--
definition 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
vi
Unit Price Work................................ ...........11.9
Article or Paragraph
Number
Value of Work................................ ..................11..3
Change in Contract Times--
Claim for times adjustmen.t.........4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1,
...............13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Contractual time limits................................ ......12.2
Delays beyond CONTRACTOR's
control ................................ ........................12..3
Delays beyond OWNER's and
CONTRACTOR's control .............................12.. 4
Notification of surety................................ .........10.5
Scope of change................................ ........10.3-10.4
Change Orders--
Acceptance of Defective Work..........................13..13
Amending Contract Documents............................3.. 5
Cash Allowances................................ ...............11.8
Change of Contract Price................................ ......11
Change of Contract Times................................ ....12
Changes in the Work................................ ............10
CONTRACTOR's fee ................................ ........11.6
Cost of the Work................................ .......11.4-11.7
Cost Records................................ ....................11..7
definition of................................ ........................1.. 9
emergencies................................ .....................6..23
ENGINEER's responsibility.........9.8, 10.4, 11.2, 12.1
execution of................................ ......................10..4
Indemnifiction...........................6.12, 6.16, 6.31-6.33
Insurance, Bonds and........................5.10, 5.13, 10.5
OWNER may terminate..............................15.. 2-15.4
OWNER's Responsibility.............................8.. 6, 10.4
Physical Conditions--
Subsurface and,................................ ..............4.2
Underground Facilities--..............................4.. 3.2
Record Documents................................ ............6.19
Scope of Change................................ ........10.3-10.4
Substitutes................................ ..............6.7.3, 6.8.2
Unit Price Work................................ ................11.9
value of Work, covered by................................ .11.3
Changes in the Work................................ ..................10 .
Notification of surety................................ .........10.5
OWNER's and CONTRACTOR's
responsibilities................................ .............10.4
Right to an adjustment................................ ......10.2
Scope of change................................ ........10.3-10.4
Claims--
against CONTRACTOR................................ ....6.16
against ENGINEER................................ ..........6.32
against OWNER................................ ................6.32
Change of Contract Price.............................9.. 4, 11.2
Change of Contract Times...........................9..4, 12.1
CONTRACTOR's..............4, 7.1, 9.4, 9.5, 9.11, 10.2,
...........................11..2, 11.9, 12.1, 13.9, 14.8,
................................ ............15.1, 15.5, 17.3
CONTRACTOR's Fee ................................ ........11.6
vii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances................................ ..............11..8
Article or Paragraph
Number
Change of Contract Price................................ .....11
Change of Contract Times................................ ... 12
Changes in the Work................................ .10.4-10.5
check and verify................................ ..................2.5
Clarifications and
Interpretations..........................3..2, 3.6, 9.4, 9.11
definition of................................ ......................1.. 10
ENGINEER as initial interpreter of....................9..11
ENGINEER as OWNER's representative..............9.1
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
Reuse of................................ .............................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, ENGINEER's................................ 9.2
Contract Price--
adjustment of.................3.5, 4.1, 9.4, 10.3, 11.2-11.3
Change of................................ ...........................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................................ ....5.14
Communications................................ ........6.2, 6.9.2
Continue Work................................ .........6.29, 10.4
coordination and scheduling.............................6... 9.2
definition of................................ ......................1.. 13
Limited Reliance on Technical
Data Authorized................................ ..........4.2.2
May Stop Work or Terminate............................15... 5
provide site access to others.........................7.. 2, 13.2
Safety and Protection....................4.3.1.2, 6.16, 6.18,
................................ ......6.21-6.23, 7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal................................ .........6.25
Stop Work requirements................................ ...4.5.2
CONTRACTOR's—
Article or Paragraph
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
viii
Labor, Materials and Equipment................6.3-6.5
Laws and Regulations................................ ..6.14
Liability Insurance................................ .........5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents................................ ............6.27
Patent Fees and Royalties..............................6.. 12
Permits ................................ .......................6..13
Progress Schedule................................ ..........6.6
Record Documents................................ .......6.19
related Work performed prior to
ENGINEER's approval of required
submittals................................ ..............6.28
safe structural loading................................ ..6.18
Safety and Protection.....................6.20, 7.2, 13.2
Safety Representative................................ ...6.21
Scheduling the Work................................ ..6.9.2
Shop Drawings and Samples.........................6..24
Shop Drawings and Samples Review
by ENGINEER ................................ ......6.26
Site Cleanliness................................ ...........6.17
Submittal Procedures................................ ...6.25
Substitute Construction Methods
and Procedures................................ .....6.7.2
Substitutes and "Or-Equal" Items..................6.7.1
Superintendence................................ .............6.2
Supervision................................ ...................6..1
Survival of Obligations................................ 6.34
Taxes................................ ..........................6.. 15
Tests and Inspections................................ ...13.5
To Report................................ ......................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, 13.2
Safety Representative ................................ ........6.21
Shop Drawings and Samples Submittals......6.24-6.28
Special Consultants................................ ........11.4.4
Substitute Construction Methods and Procedure.s..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.........................4..2.3
Substantial Completion................................ 14.8
CONTRACTORS--other................................ ...............7
ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of......................10..4.1, 13.11
Correction Period................................ .............13.12
in general................................ .........13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER................................ 9.2
OWNER May Stop Work................................ .13.10
Prompt Notice of Defects................................ ...13.1
Rejecting ................................ ...........................9..6
Uncovering the Work................................ .........13.8
Definitions ................................ .............................. .. 1
Delays ................................ ......4.1, 6.29, 12.3-12.4
Delivery of Bonds................................ ......................2.1
Delivery of certificates of insurance............................2..7
Determinations for Unit Prices................................ ..9.10
Differing Subsurface or Physical Conditions--
Notice of................................ ..........................4.. 2.3
ENGINEER's Review ................................ .......4.2.4
Possible Contract Documents Change................4..2.5
Possible Price and Times Adjustments...............4..2.6
Discrepancies-Reporting
and Resolving................................ 2.5, 3.3.2, 6.14.2
Dispute Resolution--
Agreement................................ ................16..1-16.6
Arbitration................................ ................16..1-16.5
general16
Mediation................................ .........................16.. 6
Dispute Resolution Agreement...........................16.. 1-16.6
Disputes, Decisions by ENGINEER...................9..11-9.12
Documents--
Copies of ................................ ...........................2..2
Record 6.19
Reuse of................................ .............................3..7
Drawings--definition of................................ ............1..15
Easements ................................ .............................. 4.1
Effective date of Agreement -- definition o.f...............1..16
Emergencies................................ ...........................6... 23
ENGINEER--
as initial interpreter on disputes..................9..11-9.12
definition of................................ ......................1.. 17
Limitations on authority and responsibilitie.s.......9.13
Replacement of,................................ ..................8.2
Resident Project Representative...........................9..3
ENGINEER's Consultant -- definition o.f...................1..18
ENGINEER's--
authority and responsibility, limitations on..........9.13
Authorized Variations in the Work.......................9.5
Change Orders, responsibility fo.r........9.7, 10, 11, 12
Clarifications and Interpretation.s................3.6.3, 9.4
Decisions on Disputes................................ 9.11-9.12
defective Work, notice of................................ ...13.1
Evaluation of Substitute Items............................6.. 7.3
Liability................................ ...................6..32, 9.12
Notice Work is Acceptable...............................14.. 13
Observations................................ ............6.30.2, 9.2
OWNER's Representative................................ ....9.1
Payments to the CONTRACTOR,
Responsibility for................................ .....9.9, 14
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x
Indemnification..............................6... 12, 6.16, 6.31-6.33
Initially Acceptable Schedules................................ ...2.9
Inspection--
Certificates of...............................9.. 13.4, 13.5, 14.12
Final ................................ ...........................14.. 11
Article or Paragraph
Number
Special, required by ENGINEER..........................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,
........................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, CONTRACTOR's
responsibility................................ ................5..9
Final Application for Payment..........................14..12
Licensed Insurers................................ ................5.3
Notice requirements, material changes.........5.8, 10.5
Option to Replace................................ ..............5.14
other special insurances................................ .....5.10
OWNER as fiduciary for insureds................5.12-5.13
OWNER's Liability ................................ .............5.5
OWNER's Responsibility................................ .....8.5
Partial Utilization, Property Insurance.................5.15
Property ................................ .....................5..6-5.10
Receipt and Application of Insurance
Proceeds................................ ...............5.12-5.13
Special Insurance................................ ..............5.10
Waiver of Rights................................ ...............5.11
Intent of Contract Documents...............................3.. 1-3.4
Interpretations and Clarification.s......................3..6.3, 9.4
Investigations of physical condition.s...........................4.. 2
Labor, Materials and Equipmen.t...........................6.. 3-6.5
Lands--
and Easements................................ ...................8..4
Availability of ................................ ..............4.1, 8.4
Reports and Tests................................ ................8.4
Laws and Regulations--Laws or Regulations--
Bonds ................................ .........................5.. 1-5.2
Changes in the Work................................ .........10.4
Contract Documents................................ ............3.1
CONTRACTOR's Responsibilities.....................6..14
Correction Period, defective Work.....................13.12
Cost of the Work, taxes................................ 11.4.5.4
definition of................................ ......................1..22
general6.14
Indemnification................................ .........6.31-6.33
Insurance................................ ...........................5..3
xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
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Notification to Surety................................ ..............10..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.. 6.2
Option to Replace................................ ....................5.. 14
Article or Paragraph
Number
"Or Equal" Items................................ .......................6.7
Other work 7
Overtime Work--prohibition of................................ .. 6.3
OWNER--
Acceptance of defective Work...........................13.. 13
appoint an ENGINEER................................ .......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 ............................13.. 14
May refuse to make payment..............................14... 7
May Stop the Work................................ ..........13.10
May Suspend Work,
Terminate............................8..8, 13.10, 15.1-15.4
Payment, make prompt......................8.3, 14.4, 14.13
performance of other work................................ .. 7.1
permits and licenses, requirement.s.....................6.. 13
purchased insurance requirements................5.6-5.10
OWNER's--
Acceptance of the Work...............................6.. 30.2.5
Change Orders, obligation to execute............8.6, 10.4
Communications................................ .................8.1
Coordination of the Work................................ ... 7.4
Disputes, request for decision.............................9... 11
Inspections, tests and approvals...................8..7, 13.4
Liability Insurance................................ ..............5.5
Notice of Defects ................................ ..............13..1
Representative--During Construction,
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 arrangement.s...............8..11
inspections, tests and approvals.......................8.7
insurance................................ .......................8.5
lands and easements................................ ......8.4
prompt payment by................................ ........8.3
replacement of ENGINEER............................8..2
reports and tests................................ ............8.4
stop or suspend Work...................8.8, 13.10, 15.1
terminate CONTRACTOR's
services................................ ...........8.8, 15.2
separate representative at site...............................9..3
testing, independent ................................ .........13.4
use or occupancy
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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
general 6.30.2.4, 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 Progress Payments......................14..2
CONTRACTOR's Warranty of Title....................14.3
Final Application for Payment..........................14..12
Final Inspection................................ ...............14.11
Final Payment and Acceptance.................14.13-14.14
general ................................ .........................8..3, 14
Partial Utilization................................ ............14.10
Retainage................................ ..........................14.. 2
Review of Applications for
Progress Payments................................ 14.4-14.7
prompt payment................................ ..................8..3
Schedule of Values................................ .............14.1
Substantial Completion...............................14.. 8-14.9
Waiver of Claims................................ .............14.15
when payments due................................ . 14.4, 14.13
withholding payment................................ .........14.7
Performance Bonds................................ ..............5.1-5.2
Permits ................................ .............................6.. 13
Petroleum--
definition of................................ ......................1..30
general ................................ .............................. 4.5
OWNER's responsibility for................................ 8.10
Physical Conditions--
Drawings of, in or relating to..........................4..2.1.2
ENGINEER's review................................ .........4.2.4
existing structures................................ .............4.2.2
general 4.2.1.2................................ ..........................
Notice of Differing Subsurface or,......................4..2.3
Possible Contract Documents Change.................4.2.5
Possible Price and Times Adjustments................4.2.6
Reports and Drawings................................ .......4.2.1
Subsurface and,................................ ...................4..2
Subsurface Conditions................................ ....4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized........................4..2.2
Underground Facilities--
general ................................ .........................4.. 3
Not Shown or Indicated...............................4.. 3.2
Protection of................................ .........4.3, 6.20
Article or Paragraph
Number
xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
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Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's.................6.2
Responsibilities--
CONTRACTOR's-in general................................ .. 6
ENGINEER's-in general................................ .........9
Limitations on................................ ..............9.13
OWNER's-in general................................ ..............8
Retainage ................................ ............................14... 2
Reuse of 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................................ ........6.12
Safe Structural Loading................................ ...........6.18
Safety--
and Protection................................ 4.3.2, 6.16, 6.18,
................................ ......6.20-6.21, 7.2, 13.2
general ................................ .....................6.. 20-6.23
Representative, CONTRACTOR's.......................6.. 21
Samples--
definition of................................ .......................1.. 34
general ................................ .....................6.. 24-6.28
Review by CONTRACTOR ................................ 6.25
Review by ENGINEER...............................6.. 26, 6.27
related Work................................ .....................6.. 28
submittal of................................ ....................6..24.2
submittal procedures................................ ...........6.25
Schedule of progress..............................2.. 6, 2.8-2.9, 6.6,
................................ .........6.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals...............................2.. 6, 2.8-2.9, 6.24-6.28
Schedule of Values................................ 2.6, 2.8-2.9, 14.1
Schedules--
Adherence to................................ ..................15..2.1
Adjusting................................ ...........................6... 6
Change of Contract Times................................ ..10.4
Initially Acceptable................................ .......2.8, 2.9
Preliminary................................ .........................2.. 6
Scope of Changes................................ .......10.3-10.4
Subsurface Conditions................................ .........4.2.1.1
Shop Drawings--
and Samples, general................................ ..6.24-6.28
Change Orders & Applications for
Payments, and................................ .........9.7-9.9
definition of................................ .......................1.. 35
ENGINEER's approval of................................ ..3.6.2
ENGINEER's responsibility
for review................................ ......9.7, 6.24-6.28
related Work................................ .....................6.. 28
review procedures................................ 2.8, 6.24-6.28
Article or Paragraph
Number
submittal required................................ ................6.24.1
Submittal Procedures................................ .........6.25
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
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xiv
Article or Paragraph
Number
or Procedures................................ ..............6.7.2
Substitute Items................................ .............6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relatnig to .........................4..2.1.2
ENGINEER's Review................................ .......4.2.4
general................................ .............................. 4.2
Limited Reliance by CONTRACTOR
Authorized................................ ..................4.2.2
Notice of Differing Subsurface or
Physical Conditions................................ ..........4.2.3
Physical Conditions................................ .......4.2.1.2
Possible Contract Documents Change.................4.2.5
Possible Price and Times Adjustments................4.2.6
Reports and Drawings................................ .......4.2.1
Subsurface and................................ ....................4..2
Subsurface Conditions at the Site.....................4.2.1.1
Technical Data................................ ..................4.2.2
Supervision--
CONTRACTOR's responsibility............................6.. 1
OWNER shall not supervise................................ .8.9
ENGINEER shall not supervise..................9.2, 9.13.2
Superintendence................................ .......................6..2
Superintendent, CONTRACTOR's resident.................6.2
Supplemental costs................................ ...............11.4.5
Supplementary Conditions--
definition of................................ ......................1..39
principal references to..................1..10, 1.18, 2.2, 2.7,
........................4.. 2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
.................5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10
Supplementing Contract Documents...........................3.. 6
Supplier--
definition of................................ ......................1..40
principal references to.............3.7, 6.5, 6.8-6.11, 6.20,
................................ ...........6.24, 9.13, 14.12
Waiver of Rights................................ ................6.11
Surety--
consent to final payment.........................14.12, 14.14
ENGINEER has no duty to................................ .9.13
Notification of................................ ...10.1, 10.5, 15.2
qualification of................................ ...............5.1-5.3
Survival of Obligations................................ ............6.34
Suspend Work, OWNER May ........................13.10, 15.1
Suspension of Work and Termination--.......................15 .
CONTRACTOR May Stop Work
or Terminate................................ ................15.5
OWNER May Suspend Work..............................15.. 1
OWNER May Terminate.............................15.. 2-15.4
Taxes--Payment by CONTRACTOR.........................6..15
Technical Data--
Limited Reliance by CONTRACTOR..................4.2.2
Possible Price and Times Adjustments................4.2.6
Reports of Differing Subsurface and
Physical Conditions................................ ....4.2.3
Temporary construction facilities...............................4..1
Article or Paragraph
xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
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Variations in Work--Minor
Authorized................................ .........6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site--by ENGINEER................................ .... 9.2
Waiver of Claims--on Final Payment.......................14.. 15
Waiver of Rights by insured parties...................5..11, 6.11
Warranty and Guarantee, General--by
CONTRACTOR ................................ ................6..30
Warranty of Title, CONTRACTOR's........................14.. 3
Work--
Access to................................ ...........................13.. 2
by others,................................ .............................. 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
other Work................................ ............................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................................ ..............10.2
definition of................................ .......................1.. 44
principal references to.......................3..5.3, 10.1-10.2
Written Amendment--
definition of................................ .......................1.. 45
principal references to...............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, 11.2, 12.1
by OWNER .....................9..10-9.11, 10.4, 11.2, 13.14
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 1
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GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement--The written contract between OWNER
and CONTRACTOR covering the Work to be performed;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment--The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid--The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents--The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements--The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8. Bonds--Performance and Payment bonds and other
instruments of security.
1.9. Change Order--A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10. Contract Documents--The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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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
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.b. Regular Working Hours--Regular working hours
are defined as 7:00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative--The authorized
representative of ENGINEER who may be assigned to the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 3
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materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work--Work to be paid for on the basis
of unit prices.
1.43. Work--The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive--A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment--A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction-related
aspects of the Contract Documents.
ARTICLE 2--PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. In no event will the Contract Times
commence to run later than the sixtieth day after the day
of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starting the Work:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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certificates of insurance (and other evidence of insurance
which either of them or any additional insured may
reasonably request requested by OWNER) which
CONTRACTOR and OWNER respectively are is required
to purchase and maintain in accordance with
paragraphs 5.4, 5.6 and 5.7.
Preconstruction 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 least ten days before submission of the first
Application for Payment 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 1 - General Requirements.
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 5
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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),
or
3.5.3. a Work Change Directive (pursuant to
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CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR 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
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 7
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submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
4.2.6.4.3. 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. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not 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
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
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4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and
in any area affected thereby (except in an emergency
as required by paragraph 6.23), and (ii) notify
OWNER and ENGINEER (and thereafter confirm
such notice in writing). OWNER shall promptly
consult with ENGINEER concerning the necessity for
OWNER to retain a qualified expert to evaluate such
hazardous condition or take corrective action, if any.
CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any
such affected area until after OWNER has obtained
any required permits related thereto and delivered to
CONTRACTOR special written notice: (i) specifying
that such condition and any affected area is or has been
rendered safe for the resumption of Work, or
(ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or
the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of such
Work stoppage or such special conditions under which
Work is agreed by CONTRACTOR to be resumed,
either party may make a claim therefor as provided in
Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such work
based on a reasonable belief it is unsafe, or does not
agree to resume such Work under such special
conditions, then OWNER may order such portion of
the Work that is in connection with such hazardous
condition or in such affected area to be deleted from
the Work. If OWNER and CONTRACTOR cannot
agree as to entitlement to or the amount or extent of an
adjustment, if any, in Contract Price or Contract Times
as a result of deleting such portion of the Work, then
either party may make a claim therefor as provided in
Articles 11 and 12. OWNER may have such deleted
portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold
harmless CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents, other
consultants and subcontractors of each and any of
them from and against all claims, costs, losses and
damages arising out of or resulting from such
hazardous condition, provided that: (i) any such claim,
cost, loss or damage 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) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and
against the consequences of that person's or entity's
own negligence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are
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CONTRACTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.4. claims for damages insured by customary
personal injury liability coverage which are sustained:
(i) by any person as a result of an offense directly or
indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
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;
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'
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coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition
occasioned by enforcement of Laws and Regulations,
water damage, and such other perils as may be
specifically required by the Supplementary Conditions;
5.6.3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and
architects);
5.6.4. cover materials and equipment stored at the site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
included in an Application for Payment recommended
by ENGINEER; and
5.6.5. be maintained in effect until final payment is
made unless otherwise agreed to in writing by
OWNER, CONTRACTOR and ENGINEER, with
thirty days' written notice to each other additional
insured to whom a certificate of insurance has been
issued.
5.7. OWNER shall purchase and maintain such boiler
and machinery insurance or additional property insurance
as may be required by the Supplementary Conditions or
Laws and Regulations which will include the interests of
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and any other persons or entities
identified in the Supplementary Conditions, each of whom
is deemed to have an insurable interest and shall be listed as
an insured or additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained by OWNER in accordance with paragraphs 5.6
and 5.7 will contain a provision or endorsement that the
coverage afforded will not be cancelled or 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 to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with
paragraph 5.11.
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the Work to the extent of any deductible amounts that are
identified in the Supplementary Conditions. The risk of
loss within such identified deductible amount, will be borne
by CONTRACTOR, Subcontractor or others suffering any
such loss and if any of them wishes property insurance
coverage within the limits of such amounts, each may
purchase and maintain it at the purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraphs 5.6 or 5.7, OWNER
shall, if possible, include such insurance, and the cost
thereof will be charged to CONTRACTOR by appropriate
Change Order or Written Amendment. Prior to
commencement of the Work at the site, OWNER shall in
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 11
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recovery against any of CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and the officers,
directors, employees and agents of any of them.
Receipt and Application of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of 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 party in
interest, OWNER as fiduciary shall give bond for the
proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR)
OWNER has any objection to the coverage afforded by or
other provisions of the Bonds or insurance required to be
purchased and maintained by the other party
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
objecting party shall so notify the other party OWNER will
notify CONTRACTOR in writing within ten fifteen days
after receipt delivery of the certificates (or other evidence
requested) to OWNER as required by paragraph 2.7.
OWNER and CONTRACTOR shall each provide to the
other such additional information in respect of insurance
provided as the other may reasonably request. If either
party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract
Documents, such party shall notify the other party in
writing of such failure to purchase prior to the start of the
Work, or of such failure to maintain prior to any change in
the required coverage. Without prejudice to any other right
or remedy, the other party may elect to obtain equivalent
Bonds or insurance to protect such other party's interests at
the expense of the party who was required to provide such
coverage, and a Change Order shall be issued to adjust 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
Completion of all the Work, such use or occupancy may
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6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, 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 Management
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 burn
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 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect 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
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
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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. CONTRACTOR'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 Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in 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 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
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
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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. Whenever any such agreement
is with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
paragraphs 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier
waives all rights against OWNER, CONTRACTOR,
ENGINEER, ENGINEER'S Consultants and all other
additional insureds for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work. If the insurers on any such policies require
separate waiver forms to be signed by any Subcontractor or
Supplier, CONTRACTOR will obtain the same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
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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 permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at
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notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
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construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. 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 normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
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any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(ii) 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 OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
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
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set
forth in paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with 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.
8.10. OWNER's responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Materials uncovered or revealed at the site is
set forth in paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
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
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schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information, when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9.3.2.4. Review of Work, Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on-site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
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.
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
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.
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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.
9.3.2.10.2. 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.
9.3.3. 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
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC-A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to 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-A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
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responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10--CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(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
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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 not be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
CONTRACTOR shall obtain competitive bids from
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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 term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, 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.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
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determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3. OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
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
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within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or 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 times for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
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
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28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal 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 year two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR.
13.12.2. In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 29
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damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et seq.
CONTRACTOR's Warranty 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 Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or furnishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 31
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CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
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
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32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 33
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sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16--DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC-A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17--MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
subcontractors in or about the performance of the Work.
Such funds must be withheld until said claims have
been paid or such claims as filed have been withdrawn,
such payment or withdrawal to be evidenced by filing
with OWNER a receipt in full or an order for
withdrawal in writing and signed by the person filing
such a claim 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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(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
36 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC-A1
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
EXHIBIT GC-A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information. The demand for
arbitration will be made within the thirty-day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
16.4. Except as provided in paragraph 16.5 below,
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Utility PSA WO January, 2005
EXHIBIT “D”
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies,
and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement. Coverage for
property damage shall be on a "broad form" basis. The amount of insurance for each
coverage, Commercial General and Vehicle, shall not be less than $500,000 combined
single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
ADDENDUM No. 1
P1022 Cured in Place Pipe
Sanitary Sewer/Stormwater Mains Rehabilitation
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1022 Cured in Place Pipe Sanitary Sewer/Stormwater Mains
Rehabilitation
OPENING DATE: 3:00 P.M. (Our Clock) July 10, 2006
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
ADDITION:
See drawings attached for specific work areas.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
City of Fort Collins
Request for Proposal
CURED-IN-PLACE-PIPE
SANITARY SEWER/STORMWATER MAINS
REHABILITATION
Proposal No. P1022
OPENING DATE: 3:00 P.M. (Our clock ) July 10, 2006
TABLE OF CONTENTS
Request for Proposal 2 Pages
Project Scope of Work 5 Pages
Proposal Guidelines 3 Pages
Unit Price Sheet 1 pages
Contractor Review and Assessment 1 page
Services Agreement 7 pages
Exhibit A (Workorder Form) 2 pages
Change Order (Sample) 1 page
Exhibit C (General Conditions)
Table of Contents 16 pages
General Conditions 36 pages
Exhibit GC-A 1 page
Supplementary Conditions 1 page
Exhibit D Insurance Requirements 1 page
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
P1022 Cured-in-Place Pipe
Sanitary Sewers/Stormwater Mains Rehabilitation
The City of Fort Collins IS REQUESTING PROPOSALS FROM QUALIFIED CONTRACTORS FOR
VARIOUS SIZED Sanitary Sewer and Stormwater mains Rehabilitation for the City of Fort Collins
using the Cured-In-Place Pipe Process. Estimated requirements for the first annual contract will
include: 325 lineal feet – 42” CMP; 450 lineal feet – 36” CMP; 450 lineal feet 30” CMP; 2,830 lineal
feet – 12”VCP; 846 lineal feet – 8” VCP. Service Connectons: 49.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our
clock), July 10, 2006. Proposal No. P1022. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Technical questions concerning this project should be directed to the Project Manager, Ray Fisher,
Wastewater Line Supervisor at 970-221-6233. E-mail Address: rfisher@fcgov.com.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer (970) 221-6778. E-mail Address: odick@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins and the Utility reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
The City of Fort Collins and the Utility will select a qualified contractor to complete the Cured-In-Place
Pipe Process based on the criteria outlined in this proposal. It is intended that this will be an annual
workorder contract with, at the option of the City, annual renewals for up to four (4) additional years.
Additionally, the City reserves the right to solicit bids for any or all projects should they deem it in the
best interest of the City of Fort Collins and the Utility.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
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 percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor employed
on the project. Colorado labor means any person who
is a bona fide resident of the State of Colorado at the
time of employment, without discrimination as to race,
color, creed, age, religion or sex.
17.6.2. If a claim is filed, OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop 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
otherwise satisfied. If any Subcontractor or Supplier fails
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 confirms, 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.
Waiver 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
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.
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 furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
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 OWNER's evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph. All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
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
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-five percent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
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.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR'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;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee of five percent of the amount paid to
the next lower tier Subcontractor; to be negotiated
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 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
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.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof--all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
CONTRACTOR expressly acknowledge and agree that
said Change Order, Work Change Directive or Written
Agreement provides for a fair and equitable adjustment in
the Contract Price and/or Contract Times for the additions,
deletions or revisions in the Work as authorized by said
Change Order, Work Change Directive or Written
Agreement. OWNER and CONTRACTOR further
expressly acknowledge and agree that claims for
adjustments to the Contract Price and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid.
ARTICLE 11--CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 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 Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Variations 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 may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract 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 6.24 through
6.28 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 performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
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
documents.
9.3.2.7.2. 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.
9.3.2.7.3. Record names,
addresses and telephone numbers of all
CONTRACTORS, subcontractors and
major suppliers of equipment and materials.
9.3.2.8. Reports.
9.3.2.8.1. Furnish ENGINEER 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.
9.3.2.8.2. Consult with ENGINEER in
advance of scheduling major tests,
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders.
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.2.9. Payment Requests. Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on-
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on-site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on-site
visits or observations of 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 and in the Supplementary
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Supplementary Conditions paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragraph 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
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom CONTRACTOR makes no reasonable objection,
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
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER.
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
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
Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. 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 CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
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
CONTRACTOR has reasonable objection.
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 Supplementary Conditions Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in advance of the specified
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER, and if
CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions,.
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
any such Subcontractor, Supplier or other person or
organization so identified may be revoked on the
basis of reasonable objection after due investigation,
in which case CONTRACTOR shall submit an
acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by
such substitution and an appropriate Change Order
will be issued or Written 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.
6.9.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
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".
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-equal"
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 of proposed 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
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 OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
5.11. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6
and 5.7 will protect OWNER, CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's
Consultants and all other persons or entities identified
in the Supplementary Conditions to be listed as
insureds or additional insureds in such policies and
will provide primary coverage for all losses and
damages caused by the perils covered thereby. All
such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the
insurers will have no rights of recovery against any of
the insureds or additional insureds thereunder.
OWNER and CONTRACTOR waive all rights
against each other and their respective officers,
directors, employees and agents for all losses and
damages caused by, arising out of or resulting from
any of the perils covered by such policies and any
other property insurance applicable to the Work; and,
in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's
Consultants and all other persons or entities identified
in the Supplementary Conditions to be listed as
insureds or additional insureds under such policies for
losses and damages so caused. None of the above
waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by OWNER as trustee or otherwise
payable under any policy so issued.
5.11.2. In addition, OWNER waives all rights
against CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and the
officers, directors, employees and agents of any of
them, for:
5.11.2.1. loss due to business interruption, loss
of use or other consequential loss extending
beyond direct physical loss or damage to
OWNER's property or the Work caused by,
arising out of or resulting from fire or other peril,
whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed
Project or part thereof caused by, arising out of or
resulting from fire or other insured peril covered
by any property insurance maintained on the
completed Project or part thereof by OWNER
during partial utilization pursuant to
paragraph 14.10, after Substantial Completion
pursuant to paragraph 14.8 or after final payment
pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering
any loss, damage or consequential loss referred to in this
paragraph 5.11.2 shall contain provisions to the effect that
in the event of payment of any such loss, damage or
consequential loss the insurers will have no rights of
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance with paragraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims-made basis, remain in effect for at least two
years after 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 OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain
property insurance upon the Work at the site in the amount
of the full replacement cost thereof (subject to such
deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
5.6.1. include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and any other persons or
entities identified in the Supplementary Conditions,
each of whom is deemed to have an insurable interest
and shall be listed as an insured or additional insured;
5.6.2. be written on a Builder's Risk "all risk" or
open peril or special causes of loss policy form that
shall at least include insurance for physical loss or
damage to the Work, temporary buildings, falsework
and Work in transit and shall insure against at least
the following perils: fire, lightning, extended
not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered
or revealed at the site.
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 Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. OWNER shall
deliver to CONTRACTOR, with copies to each
additional insured identified in the Supplementary
Conditions, certificates of insurance (and other
evidence of insurance requested by CONTRACTOR
or any other additional insured) which OWNER is
required to purchase and maintain in accordance with
paragraphs 5.6 and 5.7 hereof.
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not 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.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Adjustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of, the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR. Upon reasonable written request,
OWNER shall furnish CONTRACTOR with a correct
statement of record legal title and legal description of the
lands upon which the Work is to be performed and
OWNER's interest therein as necessary for giving notice
of or filing a mechanic's lien against such 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.
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.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
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 preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and OWNER shall each deliver to the
other OWNER, with copies to each additional insured
identified in the Supplementary Conditions ENGINEER,
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 Drawings--All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications--Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor--An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
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
1.11. Contract Price--The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times--The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR--The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective--An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings--The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER--The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant--A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order--A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
Number
Termination--
by CONTRACTOR ................................ ............15.5
by OWNER ................................ .........8.8, 15.1-15.4
of ENGINEER's employment...............................8..2
Suspension of Work-in general..............................15 .
Terms and Adjectives................................ ................3.4
Tests and Inspections--
Access to the Work, by others............................13..2
CONTRACTOR's responsibilities.......................13.5
cost of 13.4
covering Work prior to...............................13..6-13.7
Laws and Regulations (or)................................ 13.5
Notice of Defects................................ ...............13.1
OWNER May Stop Work................................ .13.10
OWNER's independent testing...........................13..4
special, required by ENGINEER..........................9..6
timely notice required................................ .......13.4
Uncovering the Work, at ENGINEER's
request................................ .................13.8-13.9
Times--
Adjusting................................ ...........................6..6
Change of Contract................................ ..............12
Computation of................................ .................17.2
Contract Times--definition o.f............................1..12
day ................................ ..........................17.. 2.2
Milestones................................ ..........................12 .
Requirements--
appeals................................ ..................9..10, 16
clarifications,
claims and disputes...................9.11, 11.2, 12
Commencement of Contract Times..................2.3
Preconstruction Conference............................2..8
schedules................................ ..........2.6, 2.9, 6.6
Starting the Work................................ ..........2.4
Title, Warranty of................................ ....................14.3
Uncovering Work................................ .............13.8-13.9
Underground Facilities, Physical Conditions--
definition of................................ ......................1.41
Not Shown or Indicated................................ ... 4.3.2
protection of................................ ..............4..3, 6.20
Shown or Indicated................................ ..........4.3.1
Unit Price Work--
claims ................................ ..........................11.. 9.3
definition of................................ ......................1.42
general11.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for................................ .............9.10
Use of Premises................................ . 6.16, 6.18, 6.30.2.4
Utility owners.............................6.. 13, 6.20, 7.1-7.3, 13.2
Utilization, Partial...................1..28, 5.15, 6.30.2.4, 14.10
Value of the Work................................ ....................11.3
Values, Schedule of...............................2.. 6, 2.8-2.9, 14.1
use to approve substitutions................................ 6.7.3
Shown or Indicated................................ ................4.3.1
Site Access ................................ ......................7..2, 13.2
Site Cleanliness................................ .......................6..17
Site, Visits to--
by ENGINEER................................ ...........9.2, 13.2
by others ................................ ..........................13..2
"special causes of loss" policy form,
insurance ................................ ........................5..6.2
definition of................................ .....................1..36
Specifications--
defination of................................ .....................1..36
of Technical Societies, reference to.....................3.3.1
precedence................................ ......................3..3.3
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 equipmen.t......................4.1, 7.2
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 genera.l............................... ..6.8-6.11
Subcontracts--required provisions...........5.11, 6.11, 11.4.3
Submittals--
Applications for Payment................................ ..14.2
Maintenance and Operation Manuals................14.12
Procedures ................................ .......................6..25
Progress Schedules................................ .......2.6, 2.9
Samples ................................ ....................6.24-6.28
Schedule of Values................................ .....2.6, 14.1
Schedule of Shop Drawings and Samples
Submissions................................ ......2.6, 2.8-2.9
Shop Drawings................................ ..........6.24-6.28
Substantial Completion--
certification of.............................6... 30.2.3, 14.8-14.9
definition of................................ .....................1..38
Substitute Construction Methods or Procedures.........6.7.2
Substitutes and "Or Equal" Items................................ 6.7
CONTRACTOR's Expense.............................6..7.1.3
ENGINEER's Evaluation................................ .6.7.3
"Or-Equal"................................ ....................6.7.1.1
Substitute Construction Methods
Shown or Indicated................................ .................4.3.1
Technical Data................................ ................4.2.2
Preconstruction Conference................................ ........2.8
Preliminary Matters................................ ......................2
Preliminary Schedules................................ ................2.6
Premises, Use of................................ ...............6.16-6.18
Price, Change of Contract................................ ...........11
Price, Contract--definition o.f............................... .... 1.11
Progress Payment, Applications for...........................14..2
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 o.f..........1.33
prompt payment by OWNER................................ ......8.3
Property Insurance--
Additional ................................ .........................5..7
general5.6-5.10
Partial Utilization................................ 5.15, 14.10.2
receipt and application of proceeds.............5.12-5.13
Protection, Safety and...............................6.. 20-6.21, 13.2
Punch list ................................ ..........................14... 11
Radioactive Material--
defintion of................................ .......................1.32
general4.5
OWNER's responsibility for...............................8..10
Recommendation of Payment..................14.4, 14.5, 14.13
Record Documents................................ .........6.19, 14.12
Records, procedures for maintaining...........................2..8
Reference Points................................ ........................4.4
Reference to Standards and Specifications
of Technical Societies................................ .........3.3
Regulations, Laws and (or)................................ ......6.14
Rejecting Defective Work ................................ ..........9.6
Related Work--
at Site ................................ ........................7..1-7.3
Performed prior to Shop Drawings
and Samples submittals review......................6.28
Remedies, cumulative................................ ......17.4, 17.5
Removal or Correction of Defective Work................13..11
rental agreements, OWNER approval required......11.4.5.3
replacement of ENGINEER, by OWNER.....................8.2
Reporting and Resolving
Discrepancies................................ .2.5, 3.3.2, 6.14.2
Reports--
and Drawings................................ ..................4.2.1
and Tests, OWNER's responsibility.......................8.4
Resident and Project Representative--
definition of................................ ......................1.33
provision for................................ .............................9..3
of the Work..........................5..15, 6.30.2.4, 14.10
written consent or approval
required................................ .........9.1, 6.3, 11.4
Precedence................................ ................3..1, 3.3.3
Reference to................................ .....................3.3.1
Safety and Protection................................ 6.20, 13.2
Subcontractors, Suppliers and Others............6.8-6.11
Article or Paragraph
Number
Tests and Inspections................................ ...13.5
Use of Premises................................ .................6..16
Visits to Site................................ ........................9.2
Liability Insurance--
CONTRACTOR's................................ ................5.4
OWNER's................................ ...........................5..5
Licensed Sureties and Insurers................................ .. 5.3
Liens--
Application for Progress Paymen.t.......................14.. 2
CONTRACTOR's Warranty of Title....................14..3
Final Application for Payment...........................14.. 12
definition of................................ .......................1.. 23
Waiver of Claims................................ .............14.15
Limitations on ENGINEER's authority and
responsibilities................................ ..................9..13
Limited Reliance by CONTRACTOR
Authorized................................ .......................4.. 2.2
Maintenance and Operating Manuals--
Final Application for Payment...........................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................................ ....14.2
Materials or equipment--equivalen.t...........................6..7
Mediation (Optional)................................ ..............16..7
Milestones--definition of................................ ..........1.24
Miscellaneous--
Computation of Times................................ ........17.2
Cumulative Remedies................................ .........17.4
Giving Notice................................ ....................17.. 1
Notice of Claim................................ .................17..3
Professional Fees and Court Costs Included..........17.5
Multi-prime contracts................................ ..................7
Not Shown or Indicated................................ ..........4.3.2
Notice of--
Acceptability of Project................................ .....14.13
Award, definition of................................ ...........1.25
Claim ................................ ............................17... 3
Defects,13.1
Differing Subsurface or Physical Conditions........4.2.3
Giving ................................ ............................17... 1
Tests and Inspections................................ ..........13.3
Variation, Shop Drawing and Sample..................6..27
Notice to Proceed--
definition of................................ .......................1.. 26
giving of................................ .............................2..3
Recommendation of Payment....................14..4, 14.13
Article or Paragraph
Number
Responsibilities--Limitations on...................9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions..............................4.. 2.4
Shop Drawings and Samples, review
responsibility................................ ...............6.26
Status During Construction--
authorized variations in the Work....................9.5
Clarifications and Interpretation.s....................9.4
Decisions on Disputes...........................9..11-9.12
Determinations on Unit Price.......................9..10
ENGINEER as Initial Interpreter...........9.11-9.12
ENGINEER's Responsibilities.................9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities................................ 9.13
OWNER's Representative...............................9.. 1
Project Representative................................ ...9.3
Rejecting Defective Work...............................9.. 6
Shop Drawings, Change Orders
and Payments................................ ....9.7-9.9
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 Equipmen.t.........................6..7
error or omissions................................ ....................6.33
Evidence of Financial Arrangements........................8..11
Explorations of physical conditions.........................4..2.1
Fee, CONTRACTOR's--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 allowances...............................11.. 8
General Provisions................................ ..........17.3-17.4
General Requirements--
definition of................................ ......................1..20
principal references to................2.6, 6.4, 6.6-6.7, 6.24
Giving Notice................................ .........................17..1
Guarantee of Work--by CONTRACTOR .........6.30, 14.12
Hazard Communication Programs............................6..22
Hazardous Waste--
definition of................................ ......................1..21
general ................................ .............................. 4.5
OWNER's responsibility for................................ 8.10
Contractual Liability Insurance..............................5... 4.10
Contractual Time Limits................................ ..........12.2
Article or Paragraph
Number
Coordination--
CONTRACTOR's responsibility.........................6.. 9.2
Copies of Documents................................ ................2.2
Correction Period................................ ..................13..12
Correction, Removal or Acceptance
of Defective Work--
in general................................ ...10.4.1, 13.10-13.14
Acceptance of Defective Work...........................13.. 13
Correction or Removal of
Defective Work................................ .6.30, 13.11
Correction Period................................ .............13.12
OWNER May Correct Defective Work...............13.14
OWNER May Stop Work ................................ .13.10
Cost--
of Tests and Inspections................................ ......13.4
Records11.7
Cost of the Work--
Bonds and insurance, additional....................11..4.5.9
Cash Discounts................................ ...............11..4.2
CONTRACTOR's Fee ................................ ........11.6
Employee Expenses................................ ......11.4.5.1
Exclusions to................................ .....................11.. 5
General11.4-11.5
Home office and overhead expenses.....................11..5
Losses and damages................................ .....11.4.5.6
Materials and equipment................................ .11.4.2
Minor expenses................................ ............11.4.5.8
Payroll costs on changes................................ ..11.4.1
performed by Subcontractors............................11.. 4.3
Records11.7
Rentals of construction equipment
and machinery................................ .......11.4.5.3
Royalty payments, permits and
license fees................................ .............11.4.5.5
Site office and temporary facilities.................11..4.5.2
Special Consultants, CONTRACTOR's.............11.4.4
Supplemental ................................ .................11..4.5
Taxes related to the Work..............................11.. 4.5.4
Tests and Inspection................................ ...........13.4
Trade Discounts................................ ..............11.4.2
Utilities, fuel and sanitary facilitie.s................11.4.5.7
Work after regular hours................................ .11.4.1
Covering Work................................ ...............13..6-13.7
Cumulative Remedies................................ ......17.4-17.5
Cutting, fitting and patching................................ .....7.2
Data, to be furnished by OWNER...............................8..3
Day--definition of................................ ................17..2.2
Decisions on Disputes................................ .....9.11, 9.12
defective--definition of................................ ............1..14
defective Work--
Acceptance of................................ .......10.4.1, 13.13
Number
Compensation................................ ............11.1-11.2
Continuing Obligation................................ .....14.15
Defective Work................................ 9.6, 13.10-13.14
Duty to correct defective Work..........................13..11
Duty to Report--
Changes in the Work caused by
Emergency................................ ............6.23
Defects in Work of Others..............................7.. 3
Differing conditions................................ ....4.2.3
Discrepancy in Documents.........2.5, 3.3.2, 6.14.2
Underground Facilities not indicated............4.3.2
Emergencies................................ .....................6..23
Equipment and Machinery Rental, Cost
of the Work................................ ...........11.4.5.3
Fee--Cost Plus...........................11..4.5.6, 11.5.1, 11.6
General Warranty and Guarantee........................6..30
Hazard Communication Programs.......................6.22
Indemnification.........................6.. 12, 6.16, 6.31-6.33
Inspection of the Work................................ 7.3, 13.4
Labor, Materials and Equipment.....................6..3-6.5
Laws and Regulations, Compliance by..............6.14.1
Liability Insurance................................ ...............5.4
Notice of Intent to Appeal...........................9.10, 10.4
obligation to perform and complete
the Work................................ .....................6.30
Patent Fees and Royalties, paid for by..................6.12
Performance and Other Bonds..............................5.. 1
Permits, obtained and paid for by........................6..13
Progress Schedule............................2.. 6, 2.8, 2.9, 6.6,
................................ .........6.29, 10.4, 15.2.1
Request for formal decision on 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................................ . 6.9.2
Emergencies................................ ................6.23
ENGINEER's evaluation, Substitutes
or "Or-Equal" Items..............................6.. 7.3
For Acts and Omissions
of Others.............................6..9.1-6.9.2, 9.13
for deductible amounts, insurance....................5.9
general................................ .........6, 7.2, 7.3, 8.9
Hazardous Communication Programs............6.22
Indemnification................................ ...6.31-6.33
Article or Paragraph
Number
CONTRACTOR's liability...........5.4, 6.12, 6.16, 6.31
Cost of the Work................................ .......11.4, 11.5
Decisions on Disputes................................ 9.11, 9.12
Dispute Resolution................................ ............16..1
Dispute Resolution Agreement....................16..1-16.6
ENGINEER as initial interpretor.........................9.. 11
Lump Sum Pricing................................ ..........11.3.2
Notice of................................ ...........................17... 3
OWNER's....................9..4, 9.5, 9.11, 10.2, 11.2, 11.9
........................12..1, 13.9, 13.13, 13.14, 17.3
OWNER's liability................................ ...............5.5
OWNER may refuse to make payment.................14..7
Professional Fees and Court Costs
Included................................ ......................17.. 5
request for formal decision on.............................9... 11
Substitute Items................................ ..............6.7.1.2
Time Extension................................ .................12..1
Time requirements................................ ....9.11, 12.1
Unit Price Work................................ ..............11.9.3
Value of ................................ ...........................11... 3
Waiver of--on Final Payment...................14.14, 14.15
Work Change Directive................................ ......10.2
written notice required.......................9..11, 11.2, 12.1
Clarifications and Interpretations..............3.6.3, 9.4, 9.11
Clean Site ................................ ............................6... 17
Codes of Technical Society, Organization
or Association................................ ..................3..3.3
Commencement of Contract Times............................2..3
Communications--
general ................................ ...............6.2, 6.9.2, 8.1
Hazard Communication Programs.......................6.. 22
Completion--
Final Application for Payment...........................14.. 12
Final Inspection................................ ...............14..11
Final Payment and Acceptance.................14.13-14.14
Partial Utilization................................ .............14.10
Substantial Completion......................1..38, 14.8-14.9
Waiver of Claims................................ .............14.15
Computation of Times................................ 17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others................................ ...................6.8-6.11
Conferences--
initially acceptable schedules................................ 2.9
preconstruction................................ ....................2.8
Conflict, Error, Ambiguity, Discrepancy--
CONTRACTOR to Report...........................2.. 5, 3.3.2
Construction, before starting by
CONTRACTOR ................................ ............2.5-2.7
Construction Machinery, Equipment, etc....................6.4
Continuing the Work................................ ......6.29, 10.4
Contract Documents--
Amending................................ ..........................3..5
Bonds ................................ .............................. 5.1
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 genera.l............................... ..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, 6.30.2.3,
................................ ..................14..8, 14.10
Certificates of Inspection....................9..13.4, 13.5, 14.12
Certificates of Insurance...............2.7, 5.3, 5.4.11, 5.4.13,
........................5.6.5, 5.8, 5.14, 9.13.4, 14.12
Change in Contract Price--
Cash Allowances................................ ...............11.8
claim for price
adjustment.............4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4
....................9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
........................13.13, 13.14, 14.7, 15.1, 15.5
CONTRACTOR's fee................................ .........11.6
Cost of the Work
general................................ ................11.4-11.7
Exclusions to,................................ ..............11.5
Cost Records................................ .....................11..7
in general..............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing................................ ..........11.3.2
Notification of Surety................................ .........10.5
Scope of,................................ ....................10.3-10.4
Testing and Inspection,
Uncovering the Work................................ ..13.9
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
15. 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. MISCELLANEOUS ................................ ...........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................33-34
Intentionally left blank................................ .......35
EXHIBIT GC-A: (Optional)
Dispute Resolution Agreement......................GC-A1
16.1-16.6 Arbitration..............................GC-. A1
16.7 Mediation................................ GC-A1
6.26 Shop Drawing & Sample Submit-
tals Review by ENGINEER......16-17
6.27 Responsibility for Variations
From Contract Documents............17
6.28 Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals................................ ...17
6.29 Continuing the Work......................17 .
6.30 CONTRACTOR's General
Warranty and Guarantee...............17
6.31-6.33 Indemnification.........................17-.18
6.34 Survival of Obligations....................18
7. OTHER WORK................................ ..................18
7.1-7.3 Related Work at Site.......................18 .
7.4 Coordination................................ ..18
8. OWNER'S RESPONSIBILITIES .........................18 .
8.1 Communications to CON-
TRACTOR ................................ .18
8.2 Replacement of ENGINEER............18
8.3 Furnish Data and Pay Promptly
When Due ................................ ..18
8.4 Lands and Easements; Reports
and Tests................................ 18-19
8.5 Insurance................................ .......19
8.6 Change Orders................................ 19
8.7 Inspections, Tests and
Approvals................................ ...19
8.8 Stop or Suspend Work;
Terminate CONTRACTOR's
Services................................ ......19
8.9 Limitations on OWNER'S
Responsibilities............................19 .
8.10 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material.....................19
8.11 Evidence of Financial
Arrangements..............................19 .
9. ENGINEER'S STATUS DURING
CONSTRUCTION ................................ ..............19
9.1 OWNER's Representative................19
9.2 Visits to Site................................ ..19
9.3 Project Representative.................19-21
9.4 Clarifications and Interpre-
tations................................ .........21
9.5 Authorized Variations in Work........21
2.3 Commencement of Contract
Times; Notice to Proceed................3
2.4 Starting the Work.............................3 .
2.5-2.7 Before Starting Construction;
CONTRACTOR's Responsibility
to Report; Preliminary Schedules;
Delivery of Certificates of
Insurance................................ ...3-4
2.8 Preconstruction Conference...............4
2.9 Initially Acceptable Schedules...........4
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE................................ ..........4
3.1-3.2 Intent ................................ ..............4
3.3 Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies ................................ . 4-5
3.4 Intent of Certain Terms or
Adjectives................................ .....5
3.5 Amending Contract Documents.........5
3.6 Supplementing Contract
Documents ................................ ... 5
3.7 Reuse of Documents..........................5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS................................ .........5
4.1 Availability of Lands......................5-6
4.2 Subsurface and Physical
Conditions................................ ....6
4.2.1 Reports and Drawings.......................6
4.2.2 Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data ................................ .............6
4.2.3 Notice of Differing Subsurface
or Physical Conditions....................6
4.2.4 ENGINEER's Review........................6
4.2.5 Possible Contract Documents
Change................................ .........6
4.2.6 Possible Price and Times
Adjustments...............................6-. 7
4.3 Physical Conditions--Underground
Facilities................................ .......7
4.3.1 Shown or Indicated..........................7 .
4.3.2 Not Shown or Indicated.....................7
4.4 Reference Points...............................7 .