HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - CONTRACT - BID - 7634 MEDIAN RENOVATIONS - MULTIPLE LOCATIONSCity of
Fort Collins
Purchasing
SPECIFICATIONS
AND
Financial Services
Purchasing Division
215 N. Mason St. 2" Floor
PO [lox 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgo v. condpurchasing
CONTRACT DOCUMENTS
FOR
MEDIAN RENOVATIONS - MULTIPLE
LOCATIONS
BID NO. 7634
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
• MAY 15, 2014 - 3:00 P.M. (OUR CLOCK)
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or Engineer does not make written objection prior to the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of such acceptance after the effective date of the Agreement as
provided in the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or
other persons or organizations against whom he has reasonable objection. The
use of subcontractors listed by the Bidder and accepted by OWNER prior to the
Notice of Award will be required in the performance of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained
by the Bidder. A separate unbound copy is enclosed for submission with the Bid.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a •
partner, his title must appear under his signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each such alteration is signed or initialed by
the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
11.8. The address and telephone number for communications regarding the Bid shall be
shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
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ENGINEER. notion particularly the relationship of
the pa meat requestul to the schedule of values
work completed and materials end aIMVnenl
delivered et the site but not incorporated m the
Work,
9.3.2:10. Completion:
9.3.2.t0.1. Before ENGINEER issues a
Certificate of Substantial Conlileliom=submit
to CONTRACTOR a list of observed items
reguuin n 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.
.Observe that all items on the
final list have been corricted or complcted and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Repremnmtive shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
mateda or quipmeni, unless authorized_py_tjte
ENGINFHR.
9.3.3.2. Exceed limitation of ENGINEEiR'S
authority as set forth in the Contact Documents
9.3.3.3. Undertake: my of the responsibilities
of the CONTRACTOR. Suboontmetors, or
—T[R.KTDR_�—supgfi�telzdet_hj,
93.3.4. Advise on or issue directions relative
to. or assume contro] rn•er an 'aspect of the
means, methods, mchnigues. sequences .or
procedures for construction unless such is
specifiwliv called for in the Contract Documents
0.3.3.5. Advise on or issue directions
reaarding or .assume control over safety
precautions and programs in connections with the
Work.
93.3.6. Accept Shun Drawings or sample
submittals from anyone 'other than the
CONTRACTTOR
93 3 7 Authorize OWNER to occupy th
Work in whole or in cart
9.3.3.8. Participate in soecialiaed field or
labomlorvtests or inspections conductodl by others
except as specifically authorized by the
ENGINEER
Ckrrifncafions and Interpresations:
:9.4. ENGINEER will issue with reasonable promptness
such written alanfications or interpreatiore of the
EICDCOENERAL COMITIONS 19108 (1990 Edtion)
w1CITY OF FORT CUI.LINS MODIFICATIONS OLEV 4r2000)
requvemems of the Contact Documents (in the:forn of
Drawing or mIterwise) 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 'awritten clarification or
interpretation justifies an adjustment in the Contract Price
or the Cornmct Times and the parties are unable to agree
to the amount or extent Thernof, if anyy, OWNER or
CONTRACTOR may make:a :w'riuen c aim therefor as
provided in Article I I or Article 12
Arthorized Mar(ations in Nark:
9.5. HNGINEER may authorize minor variations in
the Work from the requirements of the Corntmct
Documents which do not involve.an adJustment in the
Contract Price or the Contmet 'Cimes 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 ulm on
CONTRACTOR who shall perform the Work involved
promptly. 1 f OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract price or
the Contract Times and the porticti arc unable to agree as
to the amount or extent thereof, OWNER. or
CONTRACTOR may make a written claim therefor as
provided in Article I I or 12.
Rejectmg Defective Work.
9.6. ENGfNEER.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'n paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEEWs authority as to
Shop Dmwings and Samples, we paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEERS authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's. audority as to
Applications for payment, see Article 14.
Determinarinns 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 reentering a wTiden
decision thereon (by recommendation of an Application
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for Payment or otherwise). ENGUEER'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
intentionto appeal from ENGINEER's decision and: (i) an
appeal from MINEER'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 F.NGINEER'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:
9AL 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
either matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and famishing of
the Work and claims under Articles 11 and 12 in respect of
changer in the Contract Price or Contract Times will be
related initialI to ENGINEER in writing with a request
for n formal decision in accordance with this paragraph.
Written notice of each such claim, dispute m other matter
will -be delivered by the claanam to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the: start of 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 ever unless
ENGINEER allows an additional period of time far 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
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. ENGINNEER's
wTilten decision on such claim, dispute roc other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appal 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
CON'rRACTOR pursuant to Article 16, or (i) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from D•NGINE 'a
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision mid a formal
proceeding is instituted by the appealing party in a forum of
ampetem yurisdrelion to exercise such rights o 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
EJCDCGENEM COND1T10M 1910 9 (1900 E&Lkn)
22 .I (ITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
pamgraphn9.10 and 9.1L ENGINEER will not show
{�srtiality 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 my such claim, di to or other
matter (except arry which have been waived by the making
o acceptance of final payment as provided in
pamgraph 14.15) will be a condition pnecedem to any
exercise, by OWNER or CONTRACTORofsuch 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 u atam4oAAie e-+(i.
9.13. Limitations on GVCINEER's Authoriov and
Responsibifitier
9.13.L Neither INGINEER's authority or
riesporsibidity under this Article of 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 resportsihiliry or the
undertaking,. exercise or perfoninanegof any authority
o responsibility by ENGINEER shall crate, impose
or .give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or many surety for
a employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be respore ble for
CONfRACTOR's mar% methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulation applicable to the furnishing or
performance of the Work. 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 far the
acts or omissions of CONTRACTOR or of my
Subcorarmetor, anyy Supplier, or of any other person ororganization
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 docunnentation required to be
delivered- by paragraph 14.12 will only be to
determine generally that thew comer 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.
9A3.5. The limitations upon authority and
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responsibility set forth in this paragraph 9.13 shall also
apply to ENGTNEER's Consultants. Resident Project
Representative and assistants.
ARTICLE 10—CHANCES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety. OWNER may, it, any time or'frdm
time to time, orderudditioru, deletions or revisioas`in the
Work: Such additions, deletions or revisions will be
authorized by a Written Amendment a Change Order, or
Wok Change Directive. Upon receipt of any such
document,'(ONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Dccitmcnuc (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the eateiit, if any; of an, adjustment in the
Contract Prim .or an adjustment or the Contract Times that
should be allowed as a rewlt of a Week: Change Directive,
n 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 rcq�ired by
the Contract Documents as amended, modified and
'supplemented as provided in paragraphs 3.5 and 3.6, except
in the cow of an cmergcrwy as provided in paragraph 6.23
.or in the case of uncovering Work as provided in
pnrmgmph 13.9.
10.4. .OWNER andCONTRACTOR shall execute
appropriate Change Orders recommended by ENGRN'EER
(or Written Amendments) covering:
10AJ. 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 Wort: under
paragraph 13,14, or (iii) agreed to, by the parties:
10.4.2. changes in the Contract Price or Contract
Timex which are agreed to by the parties: and
10.43. changes in the Contract Price or Contract
Times, which embody the substance of arty written
decision rendered by ENGINEER pursuant to
paragraph 9.11; -
provided that; in lieu of executing any such Charge 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
appea1, CONTRACTOR shall carry on the Wok and
Zr
to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of arry change affecting the general scope
of the Work or the provisions of the Contract. Documents
E)CDCOMeERAL MUTIONS 19104 (IM Edhiao)
w/CITY OF FORT ODLUMS MODIFICATtONS VXV UNDO)
(including, but not limited to„Contract Price or Contract
Times) is required by the provisions of any Bend to be
given to a surety, the giving of anysuchnotice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be aetjusted accordingly,
ARTICLE I I —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 mired to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without charge in the Coruract Rice.
11 The Contract Price may only be changed by a
Change Order or byn Written Amendment. Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the parry 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 startof such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in supper 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 peragraph9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the.umoum
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 Week covered by aChange
Order or of any claim for an adjustment in the Contract
Prim will be determined as follows:
11.3.L where the Work involved is covered by unit
prices oomaihed in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
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paragraphs 11.9.1 through 11.9.3. inclusive):
I I.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 wntained 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 Weak
(dete nimel 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 Cast of the Word: 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
he in amounts no higher than those prevailing in the
locality of the linject, shall include only the following
items and shall not include any of the costs itcmisd in
.paragraph 11.5:
11A.l.Payroll casts 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 thew time spent con the
Work. Payroll coats shall include: lm-na be limited to,
salaries and wages plus the cost of fringe benefits
which shill include social security contributions,
unemployment excise and payroll taxes, workers'
cmnpemation, health and -retirement benefitsrbenuses;
Sick leave, :aeeti liday-pay applicable thereto.
The expenses of performing Work after regular
working houm on. Saturday. Sunday or legal holidays,
shag be included in the above to the extem authorized
by OWNER'
11.4.2, Cost of all materials and equipment furnished
andincorporated in the Work. including costs of
.transportation aridstorage thereof, and Suppliers' Geld
services reGG�ired in connection therewith All cash
discounts stall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall icrue 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
Subcontmaes. If required by OWNER,
E1CDC OENSM CONDITIONS 1910 9 (1990Editim)
24 wr CITY OF FORT COLLINS MODIFICATIONS MV4R00a)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER which bids, if any, will be accepted. If
city suhcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the SubcoNmctoes 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 I L4, 11.5, 11 6 and 11.7. All
subcammets shall be subject to the other provisions of
the Contract Ibcumems insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, testing
labomlories, swveyors, attorneys and accountants)
employed for services specifically related to the
work.
11.4.5. Supplcmemal 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. Cast, including transportation and
maintenance, of all materials, supplies.
equipment, machinery, appliances, office and
temporary facilities at the site and hard tools not
owned by the workers, which am consumed in the
performance of the Work and cast less market
value of Such items used but not consumed which
remain the property of CONTRACTOR-
11.4.53. Rentals or all construction
equipment and machinery and the parts thereof
whether rented firm CONTRACTOR or others in
aaxordancewith rental agreements approved by
OWNER with the advice of ENGINEER and the
costs of transportation, leading. unloading,
installation, dismantling and removal thereof —all
in accordance with terns 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 Isms
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 whiose acts any
of them may be liable, and royalty payments and
fees for permits and licerees.
11.4.5.6. Losses and damages. (anti related
expenses) caused by damage to the Wark, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
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ppesrrformance and Currtisturig of theW�k (except
11.5.5. Costs due to the negligence of
loses anI damages within the deductible amounts
CONTRACTOR, any Subcontractor. art anyone
of laoperty insurance established by OWNER in
accordance .with paragraph 5.9), provided They
directly w indircetly employed by en of than or for
whose acts any of them may be liable, including but
hale resulted Gan causes other than the
not limited to, the corroclion of defective Wale
negligence of CONTRACTOR,_ any
Subcontractor, or - indirectly
dispomI ofmmerials-or equipment wrongly .supplied
any damage
anyone directly or
employed by any of them or for whose acts any of
and making good to property.
them may be liable. Such losses shall include
11.5.6, Other overhead or general expense costs of
settlements made with the written consent and
any kind and the costs of my item'not specifically and
;approval of OWNER. No such losses, damages
expressly included in paragraph 11A.
and eiq ensosslsll be included in the Cost of the
-Work for the purpose of determining
11.6. The CONTRACTOR's fee allowed to
CONTRACTORs fee. If however, any such loss
CONTRACTOR for ovahead and profit shall be
a damage requires reconstruction and
determined as follows:
CONTRACTOR is placedincharge thereof
CONTRACTOR shall be paid for services a fee
11.6.1. a mutuallysoxcptable fixed fee; or
proportionam to that sated in paragraph 11.6.2.
11.6.2. if a fated fee is not agreed upon, then a fee
11.4.53. The cost of utilities, fuel and sanitary
based on the following percentages of the various
facilities at the site.
portions of the Cost of the Work:
11.4.5.8. Minor cxpcnsrs such as telegrams;
11.6.2.1. for costs incurred under
long distance telephone calls, telephone service at
paragraphs 11.4.1. and 11.4.2, the
the'site, expreseagc and similar petty cash items in
CONTRACI.OR's fee shall be fifteen percent;
connection with the Work.
11.6.2.2. for costs incurred under
11.4.5.9. Cost of premiums for additional Bonds
paragraph11.4.3, the CONTRACTOR's fee shall
and insurance required because of changes in the
be five percent:
Work.
11.62.3. where one cr mate tiers of
11.5. The tens Cost of the Work shall not include any of
subcontracts are on the basis of Cost of the Work
thefollowlpg:
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3" and
11.5.1. Payroll costs and other compensation of
11.6.2 is that the Subcontractor who actually
CONTRACTOR's officers; executives, principals (of
performs or furnishes the Work, at whatever tier,
partnership and sole proprietorships), general managers,
will No paid a fee of fifteen percent of the costs
engineers, architects, estimatom rattormys, auclitors,
inmaed by. such Subcontractor under paragraphs
aaountants, purchasing and contracting agents.
11.41 and 11.4.2 and that any higher her
expc litert, timekeepers, clerks and other personnel
Subcontractor and CONTRACTOR will each be
employed by CONTRACTOR whether at the site or in
paid fee•oFfwa-perunEroWne-anroutt-paid-fo
CONTRACTOR's principal or a branch office fa
the-next-lower4ter-Subcartraetor, to be nepatialed
general administration of the Work and not specifically
in good faith wrath the OWNER but not to exceed
included in the agreed upon schedule of job
five percent of the amount paid to the next lower
classificatiorrs referred to in paragraph 11.4.1 or
trey Subcontractor
specifically covered by paragraph IIAA—all of which
are to be considered administrative costs covered by the
11.6.2.4. no fee shall be payable an the basis
CONTRACTOR's fee.
of costs itemized under paragraphs 11.4.4; 11.4.5
-
and 11.5;
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
11.6.2.5, the amount of credit to be allowed
the site.
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
11.5.3. Any part of CONTRACTOR's capital
amount of the actual not decrease in cost plus a
expanses, including interest on CONTRACTOR'S
deduction in CONTRACTOR's fee by in amount
capital employed for the Work and charges against
equal to five percent of such net decreased and
CONTRACTOR for delinquent payments.
11.6.2.6. when both additions and credits are
111.5.4. Cost of premiums for all Bow.and for all
insurancewhethercar not CONTRACTOR is required
involved in any one change, the adjustment in
CONTRACTOR's fee be
by the Contract Documents to purchase and maintain
shall computed cn:the
basis.,of the' eel change in accordance with
the same (except for the cost of premiums covered by
paragraphs 11.62.1 through 11.6.2.5, inclusive.
subparagraph 11.4.5.9 above).
113. Whenever the cast of any Work is to be
E1CDC OENERAL CONDITI ONS 19108 (1990 Edlim)
25
w/CITY OF FORT WLUM MODIFTCATIONS(REV 420M)
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detemlined 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 24GDTEER an
itemized cost breakdown together with supporting data.
Cash AT[mtnnm:
11.8. It is understood that CONTRACTOR has included
in .the Contract Prim 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 .cast to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered et lthhe sac and all applicable taxcm 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 allowanms and no demand for
additional payment on account of any of the forcgohg
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 amount of Work covered
by allowances, and the Contract price shall be
correspondingly adjusted.
11.9. Una Price Wark,
11.9.1. Where the Contract Documents provide that all
art part of the Wort: is to be Unit Price Work, uutially
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 lanes the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work we
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
clamifreatiam of Unit Prim Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit pricewill be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
eachmpmatety identified item.
11.9.3-:OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11-i[
11.9.3.1. the quantity of any dent of Unit Price
Work performed by "CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDCOM4UV . COND1116M 1910E (IM E(fitim)
26 wJ CITY OF FORT IXJwL momrICATIONS(REV42000)
and
11.9.3.2. there is no coumpumling adjustment
with respect to any other item of Work; and
MU 3. if CONTRACIOR believes that
CONTRACTOR is entitled to an increase in
Contract Prim 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 unableto agree as to the
amount of any such increase or decrease.
11934 CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Hid or ehanec'mant m at OWNER'S sole
discretion without at&yin¢ the Contract Pricy of
am remaining item m Ion¢ as the deletion or
oddit on does not exceed twenty-five percent of
the mi¢innl total Contract Price
ARTICLE 12—CHANGE OFCONTRACT TIMFS
12.1. The Contract Times (or Milmtanes) ran), only be
edtangcd by a Change Order or a Written Amendment.
Any claim for an adJustment of the Commct Times (or
hAilestorxs) shall fie based on written notice delivered by
the party making the claim to the miter patty and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the even[ 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 alter such occurrence (unless
ENGINEER- allows additional time to ascertain more
accurate data in support of the claim) and shall be.
accumpanied 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 pamgmph9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for anndjustment in the Contract Timei;(or
Milestones) will be valid if not submitted in accordance
with the requiremots of thus paragraph 11 L
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
123: Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Miestones) due to delay beyond the control of
CONTRACTOR the Contract Timm (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 eoatemplited
by Article 7, fires, floods. epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
.*
within the control of a Subcontractor or Supplier. shall be
below shall be paid as provided in said
deemed to be delays within the central of CONTRACTOR
paragraph 13.9; and
12.4. Where CONTRACTOR is prevented from
13.4.3. as otherwise specifically provided, in the
,completing any part of the Work within the Contract Timm
Contract Documents.
(or Milestones) due to delay beyond the control of both
OWNER arid -CONTRACTOR,. an extension of the
13.5. If Laws or Regulations of any public body having
Contract Timm'(or Milestones) in,im amount equal to the
jurisdiction require any. Work (or part thermf) specifically
time lost due to such delay shall be CONTRACTORS sole
to be inspected, tested or approved by an employee or
and exclusive remedy for such delay. In no event shall
other representative of such public body, CONTRACTOR
OWNER be liable to CONTRACTOR any Subcontractor,
shall assume full responsibility for arranging and
any Supplier, mry'other person or organization. or to any
obtaining such inspections, tests or approval,, pay all costs
surety, for or.employm or agent of,any of them, for
in connection therewith, and furnish 'ENGINEER the
damages arising out of or resulting from () delays caused
.required mriificiam of inspection orapproval.
by or within the control of the CONTRACTOR, or
CONTRACTOR shall also be responsible for arranging
(ii) delays heyond the control of both parties including, but
and obtaining and shall pay all costs in connection with
not limited to, Eves, floods, epidemics; abnormal weather
any inspections, testsorapprovals required for OWNER's
conditions, acts of God or acts or neglect by utility owners'
and SNGINEER's acceptance of materials or equipment to
or other contractors performing other work as contemplated
be incorporated in the Work or of materials, mix designs,
by Article 7.
or equipment submitted for approval prior to
the Work.
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
13.6. if any Work (or the work of others) that is to be
DEFECTIVE W OR K
inspected, tested or approved is covered
o
CONTRACTOR without written concurrence
ENGINEER; it must, if rcqueated, by ENGINEER, be
uncovered for observation.
13.1. Notice ofDefecrs.
13.7. Uncovering Work as provided in paragraph 13.6
prompt notice of all defective Work of which OWNER or
shall be at CONTRACTOWs expense unless
ENGINEER have actual .knowledge will be ,given to
CONTRACTOR has given ENGINEER rarely notice of
CONTRACTOR NI defective Wort: may be rejected,
CONTRACTOR's: intention to :cover the same and
corrected or accepted as provided in this Article 13.
ENGINEER has not acted with reasonable promptness in
response to such notice..
.Access to Worn:
Uncovering Work:
13:2. OWNER ENGINEER.ENGWEER's Coianitams
other representatives and personnel of OWNER
13.8. If any Work is covered maturity to the written
independent testing laboratories and governntemal agencies
request of ENGINEER it must, if requested by
with jurisdictional interests will have access to the Work at
ENGINEER. be uncovered for ENGINEEWs observation
reasonable —times for their observation, inspecting and
and replaced at CONTRACTOR's expense.
testing. CONTRACTOR shall provide them proper and.
safe conditions for such access and advise them of
13.9. If ENGINEER considers it necessary or advisable
CONTRACTOR's site safety procedures and programs so
that covered Work be observed by ENGINEER or
that they may comply therewith as applicable.
LmsNpecled cr tested by others, CONTRACTOR at
request shall uncover. expose a otherwise
TvAsandlns actions.•
p
make available on, inspection or testng as
ENGINEER may require, that portion of the Work in
13.3. CONTRACTOR shall give ENGINEER timely
question famishing all necessary -labor, material and
notice of readiness of the Work for all required inspections,
equipmenL If it is found that,such Work is defective,
tests or approvals; arid shall cooperate with inspection and
CONTRACTOR shall pay all claims costs, loses and
testing personnel to facilitate required inspections or tests.
damages caused by, miring out of cr resulting from such
uncovering, exposures observation inspection and testing
13.4. OWNER shall employ and pay for the murices of
and of satisfactory replacement or reconstruction,
:independent testing laboratory to perform all
(including but net limited to all costs of, repair or
ayspeclions, lest-, or approvals required by the Contract
replacement of work of olhers);and OWNER shall be
Documents except:
entitled to an appropriate decrease in the Contract Price,
and if the parties are unable to agree as to the amount
13.4.1. for inspections; tests or approvnls covered
thercoC may make a claim therefor as provided in
by paragraph 13.5 below;
Article 11.- If, -however, such Work is not found -to be
rkf cthw, CONTRACTOR shall be allowed an increase in
13.4.2. that costs incurred in connection with tests
the Contract Price or an emension of the Contract Times
or inspections conducted pursuant to paragraph 13.9 (err Milestones), or both, directly attributable to such
E1CDC DENERAL CONDITIONS 19108 (1090 Edtim) 27
wiaTY OF FORT COLLINS MODIFICATIONS OtEV V2M)
0
uncovering. exposure, observation, inspection. testing.
.replacement and reconstruction: and, if .the parties are
unable to agree as to the amount m extent thereof.
CONTRACTOR may make a claim therefor as provided in
Articles I l and 12.
OWNER May Stop the Work.,
13,10. If the Work is defective, a 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 armpleted 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 step 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 patty.
Correction or Ren, mwI ofDefeedve IVork:
13A 1. If required by ENGINEER, CONTRACTOR shall
Promptly, as directed, either -curtest 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 Wort: that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting Gam such correction or
removal (including but not limped to all coats of repair or
replacement of work of others).
13.12. Connection Period
13.12.1. If within one-year two years after thedateof
Substantial. Completion a such longer period of time as
may be prescribed by Laws or Regulations or by the
tcmrs of arty 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 east
to OWNER and in accordance with OWNER's written
instructions: (iy correct such defective Wort:; or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
smisGactorily correct or remove and replace any damage
to other Work or thework of oilers resulting therefrom.
IT CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk. of Inns 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 Eom
such removal and replacement (including but nor
limited to all costs of repair or replacement of work of
others)will be paid by CONTRACTOR
13.122. In special circumstances wherea particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
earectiorn Aerial forthat item may start 10 non from en
eerlierilate if su provided in the Specifications ur by
Written Amerdment.
13.123. Where defective Work (arid damage to other
EICDCOEM M COND1710M 191M(199a E6dm)
28 cola Y OF FORT COWNS MODIFICATIONS(REya(ta0a)
Work resulting therefrom) has been connected.
removed or replaced under this paragraph 13.12. the
correction period hereunder with respect to such Work
will be extended for an additional period of con -year
two veers after such correction or removal and
replacement has been setisfaemrily completed.
Acceptance Of Defective W01*.-
13.13. If, instead of requiring correction or removal and
replacement of defective Wort:, OWNER (and, prior to
ENGINEER's recommendation of Iial payment, also
ENGINEER) preOWNERfers to .accept it. OWNER may do so.
CONTRACTOR shall pay all.claans. costs, losscsand
damages anribumble to OWNER's evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasorwbleness). If urry
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 ppatties are unable to agree as to
the amount thereof, Oik ER 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
O WA'ER May Cotreer Defective Work:
13.14. if CONTRACTOR fails within a reasonable time
alter written notice from ENGINEER to correct defective:
Work or to remove and replace related Work as required
by ENGINEER in accordance with paragraph 13.11, or hf
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Cummct
Documents. OWNER may, after seven days' written
notice to CONTRACTOR correct and remedy any such
deficiency. In "emising the rights and remedies under
this pamg aph OWNER shall proceed apeditiously. 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,
coratruaron equipment and machinery at the site and
incorporate in the Work .all materials and equipment
stared at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR .shall allow DOWNER-. OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGR=- 'a
Consultants aCCess::lo the site to enable OWNER to
exercise the ri • ts and remedies miler this paragraph All
claims; costs. taus and damegesiricuned or sustamed by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR arid a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respectto the Work; and
OWNER shmll be entitled to in appropriate der rmw 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
Is
11
•
,damages will include but not be limited*to all costs of
.repair or replacement of work of others destroyed or
damaged byy correction removal or replacement of
CONTRACTOR's defectnz 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 01AWM of OWNER's
rights and remedies hereunder.
ARTICLE 14—PAYDIEIITS 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 nurn6erof
units completed,
Applicnrfon for Progress Payment:
14.2. Al 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 doeumentetion: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 .:cored a'
t-the sits oral another
location agreed to in canting, thc.Application for Payment.
shall alw be accompanied try abillof sale, invoice or other
daumenmtion werrntirg;lhm OWNER has received the.
materials ana equipment free and clear of all Liens and
evidence t}iat the makrials and equipment are covered by
appropriate property insurance and other.artangements to
protect OVVNQL'a interest thereau. all of which will be
satisfactory to OWNER. The amount of relainage with
respect to progress payments wig be as stipulated in the
Agreemait. My funds that are wirhbeld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any armneemcnis involving an e.srow or
cticodianship D e_ecutirmg the application for. cayinenl
form the COM RAC 'I'OR expressly waives his rig)it to the
benetits.of Colorado Revised Statutes SectiM 2491-101.
ct sea.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials andequipment covered by any
Application for Payment whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment Gee and clear of all Liens,
Review of Applications far PiogressFbymmi.
14.4. ENGINEER will within ten days after receipt of
each Application for Payment, either indicate in writing a
EICDC OWERAL COMIMOM 191"(1990 Edtim)
%f o ry OF FORTCOLUNS MODIFICATIONS (REV 4r1000)
.recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with INGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
became due and when due will be paid by OWNER to
CONTRACTOR
14.5. HNGINEER's recommendntion of any payment
requested in an Application for Payment will constitute a
representation by ENGINFER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional'andon
ENGINF,ER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belie[
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
paragiaph 9.10, and to any other qualifications stated
in the recommendation), and'
14.53. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
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 additiomilly. by OWNER. or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENGINEER's recommendation of any payment,
including finalpayment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precaulicns�snd programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the ftmishi g or
performance, of Work, or for any failure of
CONTRACTOR to perform or furnish .Work in
accordance with the Contract Documents.
14.7. 13NGINFERmay, rcfuw to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representa ons to
29,
OWNER referred to in paragraph 14,5. ENGINEER may
aim —refuse to recommend arty such payment. a, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any suchpayment
previously recommended, to such extent as may be
necessary in ENGINEF.R'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 Rice has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been recluhed 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 paytnent of the full amount
recommended by ENGINEER: because:
14.7.5. clnims have been made against OWNER on
account of CONTRACTOR's perfomnance 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. thercarcotheritemsentiding OWNF,Rtoaset-
offagainst the amount recommended or
14.T8. 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'utclusi4e;
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 Wan
is substantially complete (except for items specifically
fisted 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 Wok substantially
complete. ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
E1CDC Ge4E M CONDInON319105 (1990E(fitkn)
30 a/CITY OF FORT COLUM MODIRCAMONS tREV4R000)
oonsiden the Work substantially complete. ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fie the date of
Substantial Complelim There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final ER
OWNF,R shall have semen
days after receipt of the tentative certificate during which
to make canines 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 in OWNER notify CONTRACTOR in NVriting,
stating the reasons therefor. If, after consideration of
OWNF.R's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within -said
fourteen days _execute and deliver to OWNER and
CONTRACTOR a definitive cenificate of Substantial
Completion (with a revised tentative list of items to be
completed a corrected) reflecting such charges, from the
tentative certificate. as ENGINEER believes justified after
corsiderntion of arty• objections from OWNER. At the
time of delivery of the: tentative certifimto 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,
operalioR safety, mairaenmice, heat, utilities, insurance
and waaamies oral guarantees. Unless OWNER- and
CONTRACTOR agree otherwise in writing, and so inform
ENGINEER in wi tmg 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
OONTRACTOR from the Work after the date of
Substantial Completion but OWNER shall allow
CONTRACTOR rem;c liable access to complete or correct
items on the tentative list
Pan tial UtiGzndon:
14.10. Use by OWNER at OWNER'S Option of any
substantially completed pan of the Work, which: (i) has
specifically been identified in the Contract Dccuments, or
(h)OWNER, ENGINEER and CONTRACTOR agree
conctitutrs a separately functioning avid usable parr of the
Work that can be used by OWNER for its intended
purpose without sigraficimt interterence ' with
CONTRACTOR's performance of the remainder of the
Work, may be accompfished prior to Substantial
Completion of all the Work subject, to the following:
,14.10.I.OWNER at any time .may request
CONTRACTOR in writing to permit OWNER to tine
may such part of the Work which OWNER believes to
be ready for its intended use and substantially
coinpplete. If CONTRACTOR agrees that such pan of
the Work is substantially corplete, CONTRACTOR
will certify to OWNER and. ENGINEER that such
Sri of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that pat of the Work.
0
i
0
• 13.0 SUBMISSION OF BIDS
13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and
shall be enclosed in an opaque sealed envelope marked with the Project title, Bid
No., and name and address of the Bidder and accompanied by the Bid Security,
Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of
Subcontractors as required in Section 00430. If the Bid is sent through the mail or
other delivery system, the sealed envelope shall be enclosed in a separate
envelope with the notation 'BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time and date for
receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by
addendum. Bids received after the time and date for receipt of Bids will be returned
unopened. Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive
consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in
a manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
S14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized
representative provided he can prove his identity and authority at any time prior to
the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud publicly as
indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major
alternates (if any) will be made available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to
that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best
•
Mnch part of the Work ready for its intended use
d substantially complete and request ENGINEER to
issuea 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 Bart 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 pin 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 aaomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Feral lnspeefion:
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'CONI'RACTOR and will nodly',CONI'RACT'OR in
writing of all particulars in which this inspection nweak
that the Work is incomplete or defective. CONTRACTOR
shall immediately Make such measures as are necessary to
complete such work or remedy such deficicncics
Find Application forPaymenc
14,12. After CONTRACTOR has completed all such
corrections to the satisfictiat of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules.
guarantees, Bonds, certificates or ;other evidence of
memance required by paragmph5.4, certificates of
inspcctionn, marked -up record documents (as provided in
pompmph G.19) and other documems, CONTRACTOR
may make application for fatal payment followvrg the
procedure fer progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i)all documentation willed for in the
Commct Documents, including but not limited; to the
evidence of insurance required by rubpamgraph5.4:13.
(ii)consem of the surety, if any, to final payment, and
(hi) complete and legally .effective- releases, or waivers
(satisfactory to OIVNER) of all Liao 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 furnishreceipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
far 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 OWNEWs
property in ig t' in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EICDC oENERAI. CONDITIONS 19105 (IM Edtim)
w(CITY OF FORT COLUM MODIFICATtONSOLE V 4R0aO)
to furnish side a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral
satisfactory `to OWNER to indemnify OWNER against
my Lien. Releases or waivers of here and the consent of
the surety to fmalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
.forms bound in the Project manual
Find Payment and Acceptance.,
14.13 If, on the basis of ENGINEER's observation of
the Work during construction and final inspectmon,.and
ENGINEER's review of the final Application. for Payment
and accompanyingdocumentationasrwuired by the
ER is satisfied that the
CONTRACTOR's other
Documents have been
n ten days alter receipt of
ten. indicate in writing
of payment and present
cavmem. At the: same
CONTRACTOR that the Workisacceptable sut
the provisions of paragraph 14.15. Othem
3INEF.R will return the Application
RTRACTOR, indicating in writing the reasons
sing to recommend final payment, in which e
NTRACTOR shall make the necessary corrections
OWNER of do Application- and acompaI i
documentation, in appropriate font and substance and
with ENGINEER's recommendation and noticc of
acceptability, the amount recommended by ENGINEER
will become dun and will be paid by ,OWNER in
CONTRACTOR subiect to raraemnh 1762 of these
aelle"-LQMOAtj4Lt€.
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 thepayment of the balance due for that
portion of the Work dully 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 •-9 waiver of
claims
Waiver of Claims
14.15. The making and acceptance of final payment will
constitute:
14.15.1.e waiver of all claims by OWNER against
CONTRACTOR except claims arising from
unsettled Liens,from defective Work appearing after
31
final inspection pursuant to paragraph 14;11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15:2.A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
.ARTICLE 15-SUSPENSION OF WORK AND
' FRMINATION
OWNER May Suspend Work:
15.1. At any time and without cause. OWNER may
spend the Work or suspend any ponim thereof for a period of not
roe than ninety days by Muce r writing to
CONTRACTOR and ENGINEER which will fix the date
an which Work will he 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 Cmtract Times, or both, directly
,attributable to am• such suspcnsim if CONTRACTOR
makes an approved claim therefor as provided in
Articles I land 12.
O"IFR Alay Terminate:
15.2. Upon the occurrence of any me or more of the
following events:
15.2.1. if CONTRACTOR persistently fails toperRmn
the Work in accordance with the Contract Documents
(including but not limited to, failure to supply sufficient
skilled workersor suitable materials or equipment or
failure to adhere to the progress schedule established
under pwagmph2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body havrgjurisdiction:
15.23. if CONTRACTOR disregards the authority of
ENGINEER: or
152.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, alter giving CONTRACTOR (and the
surety, if any) seven days' written notice and to theextent
Iby Laws and Regulations, terminate the services
oT CONTRACTOR, exclude CONTRACTOR tram the site
and take possession of the Wok and of all
CONTRACTOR's tools, appliances, corns"dion
equipment and machinery at thesite and use the same to
time full went dry could be used by CONTRACTOR
(without liability. to -CONTRACTOR for trespass or
conversion), incorporate in the Work all material and
equipment stored at the site or for which OWNER. has paid
EXI)C OROM CONDITIONS 19105 (1990 E61im)
32 vdaI OFFORTCOUINSMODT-iCATION5(REV/2000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may dean expedient.. Insuch
case CONTRACTOR shall not be entitled to receive my
further payment until the Work is finished If the unpaid
balance of the- Contract Prim exceeds all claims, casts,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance,.CONTRACTOR
shall pay the difference to OWNER Such claims, carts;
losses and damages incurred by OWNER will berevrewed
by ENGINEER is to their reasonablerim and when so
approved by ENGINEER incorporated ma Charge Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shell not be required to
obtain the lowest precTor the Work performed.
15.3. Where CONTRACTOR's services have hccn 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
CONI'RACI'OR by OWNER will no release
CONTRACTOR from liability.
15.4. Upon seven day$ written notim to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to arty 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 Weak "muted
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit m 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 cornets with
SubmNmetors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall net he paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR bli v Stop Work or Terminate
155. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of mpre than ninety days
by OWNER or miler an order of court or other public
authority, or ENGINEER fails to act on any Applimhom
fo Payment within thirty days alter it is submitted or
OWNER fails forthvty days to pay CONTRACTOR my
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sum finally determined to be due, thewCONTRACTOR
may, upon oven days' written notice to OWNER and
ENGINEER; and provided OWNER or ENGINEER do not
remedy sushi suspension or failure within that lime,
Ruruinate tFnc Agreement and recover from OWNER
paynien[,on the same tams as provided in paragmph15.4.
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 Paymentwithin thirty days after it
is submitted, %,OWNER has failed for thirty days to Pay
CONTRACTOR any sum foully determined to be due.
,CONTRACTOR may upon seven days written notice to
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 1 I and 12 for an increase in Contract price
m Contract Times or otherwise.for expenses or damage'
directly attributable to CONTRACI`OR's stopping -Work as
permitted by this paragraph.
ARTICLE 16.-DISPUTE RF.SOLUFION
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,
of any, shallbe as act forth in ExhibitGC-A, '13ispule
Resolution Agreement", to beattached. hereto and made
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached
.and subject to the provisions of pomgmphs 9.10, 9.11 and
932. OWNER .and CONTRACTOR may exercise such
rightsor remedies as either may otherwise have under the
Contract Doaments or by Laws cir Regulations: in respect
-of any dispute.
ARTICLE 17—NIESCELLANEOUS
(Shing.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 deliveredinperson to
the individual or ton member of the fine, or to nn officer of
the corporation for whom it is intended orif delivered at or
sent by registered or certified mail, postage prepaid to the
last business address loic n 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 }lay of any period falls on s
Saturday or Sunday or on a day made a. legal holiday
by the law of the apphcablejunsdictim such day will
be omitted from the mmpumtion.
MUC GENERAL COMMONS 1910-8 (1990 E(itim)
w9cs ry OF FORTCOLDh6 MODIFICATIONS (REV 4nW)
172.2. 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 toperson or property because,of any error,
omission m act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other patty 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 mpose.Cumulafltz Remerh'es'
17.4. The duties and obligations unposed by these
General Conditions and the rights and remedies available
hereuncla_ to the parties hereto, .ant, in particular but
without limitation, the witnonties, guarantees and
obligations imposed upon CONTRACTOR by
paragmphs6.12: 6.16, 6.30, 631, 6.32, 13A, 13,12,13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEFR thereunder, are in addition
to, and are not to be construed in any way as limitations
of any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special wanznty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specititagy in the Contract Documents -in connection with
each particularduty, obligation; right and remedy to which
they apply. .
Frofessiowl Fees and Court CosuIntluded•
17.5. Whenever reference is made to 'claims, costs,
losses and damages", it shrill include in each case, but riot
be limited to, all fees and charges of engineers, architects,
attorneys- and other professionals and all court or
arbitration or other dispute resolution cents.
17.6. The laws of the State -0 Colorado apply 0 this
eemeot. Reference to two pertinent Colorado statutes
areas follows
176 If a claim is filed OWNER is rmuired by
law (CRS 38-26-107) to withhold Gem erg 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 m his
33
EJCDCOFNEM CONDITIOM 19I68 (IME&im)
34 w/CITY OF FOP.YCOLUNS MODMCATIONS(REV4fMO)
0
(This page left blank intentionally.)
•
EJCDCOENERAL CONDITION519108 (1990 U11m)
M CITY OF FORT DOWNS MODIFICATIONS (RNl' 412M)
0
19M
E)CDC GENERAL CONDITIONS 191"(1990 Edlim)
36 w1a rY Of FORT OOLLIM MODIFICATIONS(RLYA2000)
u
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A
0
CI
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree Bunt
Article 16 of the General Condlitions of the Construction
Comma between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16A. 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 derided 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
agrocmetit so. to arba ate and any other agreement or
consent to orbtuate entered into in accordwice herewith as
provided in this Article 16 will be specifically enforccable
under the prevailing law of any court having jurisdiction
16.2. No demand for arbitration of any claim, dispute
or oilier 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 affix die 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 an which
ENGINEER has rendered a written. decision in respect
thereof in accordancewith paragraph 9. 11; and the failure
to demand arbitration within midthirtydays' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGfNEER
renders a decision after arbitration proceeding 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 Ironies concerned. No demand'
for arbitration of any wriften decision of .ENGINEER
rendered in accordance with paragraph'9.10 will be made
later than ten days after the pony making such demand has
delivered t«inen 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 theother party to the Agreement and
with the American Arbitration Association and copy will
be'sent to ENGINEER for information The demand for
arbitration will be made within the'drrny-day-or lcnday
period specified in paragraph 16.2 as applicable, and in all
othercases 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
a other mama in question would be barred by the
applicable statute of limitation.
EICDC GINERAL CONDITIONS 19108 (1996 Mumj
w/ CITY OF FORTCOLLINS MODIFICATIOM (REV 9M9)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating.to the Contract
Documentsshall 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 my of them)
who is not a party to this contract unless: _
16:4.1. the inclusion of such other person or eraty is
necessary if complete relief is to ,be afforded among
those whonre already parties to the arbitratioq'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
16A.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
paragraphs but no such consent shall constitute consent
in arbitration ofany 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,
disnute or other matter in aueston between OWNER and
I xr i rx mvaves we worx of a aunmmractor•
OWNER or CONTRACTOR may join such
tractor as a party to the arbitration between OWNER
)NTRACTOR hcrwndcr. CONTRACTOR shall
in all subcontracts required by paragraph 6.11 a
beingjoined in an arbitration between OWNER and
CONTRACTOR involving die 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 of
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 mattersin question
between them arising ouf 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 outer 'a demand for arbitration pursuant to
pvragaphs 16.1 through 166, unless 'delay in tmtiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to rile 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 than 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 no serve as nibitmtor of such dispute unless otherwise
agreed.
GC -AI
EJCDC OENERAL CONDITIONS 1910-8 (1990Edcim)
w1CITY OF FORT. COLLINSMODIFICATIONS(REV 9M)
OC-Al
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SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
I*
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage
for Explosion, Collapse, and Underground coverage unless waived by the
Owner. •
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero 0 days lost due to abnormal
weather conditions.
0
interest of the Project to make an award to that Bidder, whether because the Bid is •
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and such alternates, unit
prices and other data, as may be requested in the Bid Form or prior to the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications and
financial ability of the Bidder's proposed Subcontractors, Suppliers and other
persons and organizations to do the Work in accordance with the Contract
Documents to OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. Award shall be made on the
evaluated lowest base bid excluding alternates. The basis for award shall be the
lowest Bid total for the Schedule or, in the case of more than one schedule, for
sum of all schedules. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening.
17.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder delivers
the executed Agreement to the OWNER, it shall be accompanied by the required
Contract Security.
18.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement with all other written
Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall
sign and deliver the required number of counterparts of the Agreement and attached
documents to OWNER with the required Bonds. Within ten (10) days thereafter,
OWNER hall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is
to be accompanied by a complete set of the Drawings with appropriate identification.
r1
f.J
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
•
0
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: 7634 Median Renovations - Multiple Locations
CONTRACTOR: V&S Landscaping & Sprinkler Systems Inc.
PROJECT NUMBER: 7634
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost:
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER .00
TOTAL PENDING CHANGE ORDER .00
TOTAL THIS CHANGE ORDER .00
TOTAL % OF THIS CHANGE ORDER %
TOTAL C.O.% OF ORIGNINAL CONTRACT %
ADJUSTED CONTRACT COST $ .00
(Assuming all change orders approved)
ACCEPTED BY:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor Engineer
Project File Architect Purchasing
DATE:
DATE:
DATE:
DATE:
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Oak & College Medians,
Mulberry & Laurel
Medians
City of Fort Collins — Parks Division
Project Manual
April 18, 2014
BHA Design Incorporated
1603 Oakridge Drive
Fort Collins, CO 80525
Phone: 970.223.7577
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
TABLE OF CONTENTS
INTRODUCTORY INFORMATION
00010 Table of Contents I page
DIVISION 2 - SITE CONSTRUCTION
02231 Tree Protection 4 pages
02380 Site Rock Work 2 pages
02930 Exterior Plants 13 pages
END OF SECTION
•
0
TABLE OF CONTENTS SECTION 00010 - 1
0
0
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
SECTION 02231 — TREE PROTECTION
PART-1 GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division I Specification Sections, apply to this Section.
1.02 SUMMARY
A. This Section includes the protection and trimming of existing trees that interfere with, or are
affected by, execution of the Work, whether temporary or permanent construction.
B. Related Sections include the following:
1. Section 02380 —Site Rock Work
2. Section 02930 —Exterior Plants
1.03 DEFINITIONS
A. Tree Protection Zone: Area surrounding individual trees or groups of trees to remain during
construction, and defined by the drip line of individual trees or the perimeter drip line of groups
of trees, unless otherwise indicated.
B. Owners Representative: The Project Manager or other City of Fort Collins staff designated by •
the Project Manager.
1.04 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Tree Pruning Schedule: Written schedule from arborist detailing scope and extent of pruning of
trees to remain that interfere with or are affected by construction.
C. Qualification Data: For tree service firm and arborist.
1.05 QUALITY ASSURANCE
A. Tree Service Firm Qualifications: An experienced tree service firm that has successfully
completed tree protection and trimming work similar to that required for this Project and that
will assign an experienced, qualified arborist to Project site during execution of tree protection
and trimming.
C. Tree Pruning: Contact the Owner's Representative if tree pruning is required. Owner's
Representative shall review the contractors request for tree pruning and provide direction.
C. Preinstallation Conference: Before tree protection operations begin, contractor shall meet with
representatives of authorities having jurisdiction, Owner's Representative, consultants, and other
concerned entities to review tree protection and trimming procedures and responsibilities.
0
TREE PROTECTION 02231 - I
• 19.0 TAXES
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included in the
Contract Price. Reference is made to the General and Supplementary Conditions.
20.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
21.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is
available for review in the Purchasing and Risk Management Division or the City Clerk's
office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
22.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be
rejected and reported to authorities as such. Your authorized signature of this Bid
assures that such Bid is genuine and is not a collusive or sham Bid.
• 23.0 BID RESULTS.
For information regarding results for individual Bids send a self-addressed, self -stamped
envelope and a Bid tally will be mailed to you. Bid results will be posted in the
Purchasing office seven (7) days after the Bid Opening.
END OF SECTION
11
11
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
PART2-PRODUCTS
2.01 MATERIALS
A. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448,
Size 24, with 90 to 100 percent passing a 2-1/2-inch sieve and not more than 10 percent passing
a 3/4-inch sieve.
B. Topsoil: Natural or cultivated surface -soil layer containing organic matter and sand, silt, and
clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than
underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than
1.5 inch in diameter; and free of weeds, roots, and toxic and other nonsoil materials.
1. Obtain topsoil only from well -drained sites where topsoil is 4 inches deep or more; do not
obtain from bogs or marshes.
C. Filter Fabric: Manufacturer's standard, nonwoven, pervious, geolexlile fabric of polypropylene,
nylon, or polyester fibers.
D. Organic Mulch: See Section 02930 — Mulches
PART 3 - EXECUTION
3.01 PREPARATION
A. Protect tree root systems from damage caused by runoff or spillage of noxious materials while
mixing, placing, or storing construction materials. Protect root systems from ponding, eroding,
or excessive wetting caused by dewatering operations.
B. Mulch areas inside tree protection zones and other areas indicated.
1. Apply 3-inch average thickness of organic mulch. Do not place mulch within 6 inches of
tree trunks.
C. Do not store construction materials, debris, or excavated material inside tree protection zones.
Do not permit vehicles or foot traffic within tree protection zones; prevent soil compaction over
root systems.
D. Maintain tree protection zones free of weeds and trash.
E. Do not allow fires within tree protection zones.
3.02 EXCAVATION
A. Install shoring or other protective support systems to minimize sloping or benching of
excavations. Follow requirements on plans.
B. Do not excavate within tree protection zones, unless otherwise indicated. Follow requirements on
plans.
C. Where excavation for new construction is required within tree protection zones, hand clear and
excavate to minimize damage to root systems. Use narrow -tine spading forks and comb soil to
expose roots. Follow requirements on plans.
1. Redirect roots in backfill areas where possible. if encountering large, main lateral roots,
• expose roots beyond excavation limits as required to bend and redirect them without
TREE PROTECTION 02231 - 2
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
breaking. If encountered immediately adjacent to location of new construction and
redirection is not practical, cut roots approximately 3 inches back from new construction.
2. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary
earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist
condition. Temporarily support and protect roots from damage until they are permanently
relocated and covered with soil.
D. Where utility trenches are required within tree protection zones, tunnel under or around roots by
drilling, auger boring, pipejacking, or digging by hand.
I . Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that interfere
with installation of utilities. Cut roots with sharp pruning instruments; do not break or chop.
2. The installation of utilities, irrigation lines or any underground fixture requiring excavation
deeper than two (2) inches shall be accomplished by boring under the root system of
protected existing trees at a minimum depth of twenty-four (24) inches. The auger distance
is established from the face of the tree (outer bark) and is scaled from tree diameter and
breast height as described in the chart below.
Tree Diameter at Breast Height (inches)
0-2
3-4
5-9
10-14
15-19
Over 19
33 3 REGRADING
Auger Distance From Face of Tree (feet)
5 •10
12
15
A. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope
grade beyond tree protection zones. Maintain existing grades within tree protection zones.
B. Minor Fill: Where existing grade is 4 inches or less below elevation of finish grade, fill with
topsoil. Place topsoil in a single uncompacted layer and hand grade to required finish elevations.
C. Moderate Fill: Where existing grade is more than 6 inches but less than 12 inches below
elevation of finish grade, place drainage fill, filter fabric, and topsoil on existing grade as
follows:
1. Carefully place drainage fill against tree trunk approximately 2 inches above elevation of
finish grade and extend not less than 18 inches from tree trunk on all sides. For balance of
area within drip -line perimeter, place drainage fill up to 6 inches below elevation of grade.
2. Place filter fabric with edges overlapping 6 inches minimum.
3. Place fill layer of topsoil to finish grade. Do not compact drainage fill or topsoil. Hand
grade to required finish elevations.
•
TREE PROTECTION 02231-3
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
3.04 TREE PRUNING
A. Prune trees to remain that are affected by temporary and permanent construction.
B. Prune trees to remain to compensate for root loss caused by damaging or cutting root system.
Provide subsequent maintenance during Contract period as recommended by arborist.
C. Pruning Standards: Prune trees according to City of Fort Collins Tree Management Standards as
follows:
1. Type of Pruning: Cleaning, Thinning and Raising.
D. Tree pruning to follow City of Fort Collins Tree Management Standards.
E. Chip removed tree branches and dispose of off -site.
3.05 TREE REPAIR AND REPLACEMENT
A. Violation of these specifications will lead to penalties based on the type of violation and/or the
resulting damages, and may be grounds for the termination of this contract.
I . Penalties will be assessed based on the amount of damage done and the total value of that
tree, or group of trees, prior to the damage. Penalties for damage would be based on the total
value of the tree as determined by the City Owners Representative and the severity of the
damage as a proportion of the total value of that tree. This could include up to the full value
of the tree.
B. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged
trunks, limbs, and roots according to Owner's Representatives instructions.
B. Remove and replace trees indicated to remain that die or are damaged during construction
operations that Owner's Representatives determines are incapable of restoring to normal growth
pattern.
I. Where practical, provide new trees of same size and species as those being replaced; plant
and maintain as specified in Division 2 Section "Exterior Plants."
2. Provide new trees of 6-inch caliper size and of a species selected by Architect when damaged
trees more than 6 inches in caliper size, measured 12 inches above grade, are required to be
replaced. Number of replacement trees required to mitigate loss of larger trees will comply
with City Code. Plant and maintain new trees as specified in Division 2 Section "Exterior
Plants."
C. Aerate surface soil, compacted during construction, 10 feet beyond drip line and no closer than
36 inches to tree trunk. Drill 2-inch- diameter holes a minimum of 12 inches deep at 24 inches
o.c. Backfill holes with an equal mix of angered soil and sand. Aeration to correct compaction to
be approved by the Owner's Representative
3.06 DISPOSAL OF WASTE MATERIALS
A. Burning is not permitted.
B. Disposal: Unless otherwise agreed to, remove excess excavated material and displaced trees
from Owner's property.
is END OF SECTION
TREE PROTECTION 02231 - 4
0
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0
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
• Fort Collins, Colorado
SECTION 02380—SITE ROCK WORK
PARTI- GENERAL
1.01 SECTION INCLUDES
A. The work of this section shall include excavation, grading and installation of site boulders placed
at the locations shown on the Drawings. The materials to be used for the construction of such
structures shall be as specified herein. Site Rock Work includes the following:
Landscape Boulders
1.02 RELATED SECTIONS
A. Section 02930 — Exterior Plants
B. Section 02231 — Tree Protection
1.03 SUBMITTALS AND SHOP DRAWINGS
• A. Submit three (1) samples of each stone type that represents the full range of colors/staining that
can be expected. If stone supplier's yard is not local, the Contractor shall submit photos of
available stones/boulders for review/selection — see drawings.
1.04 SOURCE LIMITATIONS
A. Obtain each type of rock material from a single manufacturer.
PART2 - PRODUCTS
2.01 MATERIALS
A. Type 1 Boulders:
1. Stone Type: Colorado Buff Sandstone — light tan in color as approved by Owner's
Representative (Dark brown, Brownstone, Cherokee are unacceptable)
2. Approved Suppliers:
a. Arkins Park Stone Quarries, 970-663-1920
b. Tribble Stone, 303-444-1840
C. Rock Garden, 970-472-1115
• d. Or approved equivalent.
SITE ROCK WORK 02380-1
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
3. Boulder sizes shall be as indicated on the Drawings.
4. Finish: as indicated on the Drawings.
PART 3 - EXECUTION
3.01 SELECTION OF STONE
A. Owner's Representative shall be contacted to participate in selection of boulders/stone at stone
supplier's yard. If stone supplier's yard is not local, the Contractor shall submit photos of
available stones/boulders for Owner's review/selection.
3.02 HANDLING
A. Handling of the stone/boulders shall be carried out in such a way that the stones/boulders are not
damaged or scarred. Damaged stones/boulders may be rejected by the Owner Representative.
3.03 PLACEMENT
A. Placement of Type I Boulders: •
1. Place stone/boulders with Flat side up and most attractive face (as determined by Owner's
Representative) facing activity areas, unless otherwise noted or directed by the Owner's
Representative.
2. Bury stone/boulder per Drawings.
3. Locations and quantity shall be as indicated in the Drawings. Final placement of
stone/boulders shall be reviewed and approved on site by the Owner's Representative prior
to placing paving, surfacing and landscaping in abutting areas
3.04 CLEAN UP
A. Remove unneeded stone debris from the site.
Clean dirt, debris, trash and other deleterious material from stone surfaces and surrounding areas.
END OF SECTION
•
SITE ROCK WORK 02380-2
0
0
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
SECTION 02930 - EXTERIOR PLANTS
PART 1-GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
I. Shrubs.
2. Ornamental Grass.
3. Perennials.
4. Organic Mulch.
5. Organic Amendment.
6. Weed barrier.
7. Planting Mix — topsoil/organic amendment/onsite soils.
8. Warranty.
9. Maintenance.
B. Related Sections:
1. Section 02380 — Site Rock Work
2. Section 02231 — Tree Protection
1.3 UNIT PRICES
A. Work of this Section is affected by Unit Prices specified in Division I Section "Unit Prices."
1. Unit prices apply to authorized work covered by,quantity allowances.
2. Unit prices apply to additions to and deletions from Work as authorized by Change
Orders.
1.4 DEFINITIONS
A. Backfill: The earth used to replace or the act of replacing earth in an excavation.
B. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they
are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for
type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum laced as
recommended by ANSI Z60.1.
•
EXTERIOR PLANTS 02930 - 1
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
C. Balled and Potted Stock: Exterior plants dug with firm, natural balls of earth in which they are
grown and placed, unbroken, in a container. Ball size is not less than diameter and depth
recommended by ANSI Z60.1 for type and size of exterior plant required.
D. Clump: Where three (3) or. more young trees were planted in a group and have grown together
as a single tree having three (3) or more main stems or trunks.
E. Container -Grown Stock: Healthy, vigorous, well -rooted exterior plants grown in a container
with well -established root system reaching sides of container and maintaining a firm ball when
removed from container. Container shall be rigid enough to hold ball shape and protect root
mass during shipping and be sized according to ANSI Z60.1 for type.and size of exterior plant
required.
F. Finish Grade: Elevation of finished surface of planting soil.
G. Multi -Stem: Where three or more main stems arise from the ground from a single root crown or
at a point right above the root crown.
H. Sub -grade: Surface or elevation of subsoil remaining after completing excavation, or top
surface of a fill or backfill, before placing planting soil.
Sub -soil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic
matter and soil organisms.
• J. Owner's Representative: The Project Manager or other City of Fort Collins staff designated by
the Project Manager.
1.5 SUBMITTALS
A. Product Data: For each type of product indicated.
B. Samples for Verification: For each of the following:
I. I lb. of in -organic (rock) mulch for each type, color and texture of stone required, in
labeled plastic bags. Provide name of Supplier and product name.
2. Samples of proposed organic mulch type NOT required. Material specified shall be
provided by the City of Fort Collins Forestry Division. See Mulches, this section for
additional information.
3. Imported Topsoil (for planting pits): Submit sample in a plastic baggie, and include
topsoil analysis. Provide product type, supplier and phone number. Product delivered to
site shall match the submitted sample. Submit delivery receipts to Owner's
Representative for review.
4. Organic Amendment: Submit sample in a plastic baggie. Product delivered to site shall
match the submitted sample. Submit organic amendment delivery receipts to Owner's
Representative for review.
5. Organic Amendment Analysis: Submit copies of amendment analysis from qualified soil
testing laboratory.
6. Weed barrier: Submit brand name and model number/name of proposed weed barrier to
• be used.
EXTERIOR PLANTS 02930 - 2
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
7. Tree Stakes, Webbing and Rubber Protective Cap: Submit sample of each.
8. Landscape and Irrigation Maintenance Instructions
C. Product Certificates: For each type of manufactured product, from Manufacturer, and
complying with the following:
1. Manufacturer's certified analysis for standard products.
2. Analysis of other materials by a recognized laboratory made according to methods
established by the Association of Official Analytical Chemists, where applicable.
D. Planting Schedule: Indicating anticipated planting dates for exterior plants.
E. Warranty: Sample of warranty.
1.6 QUALITY ASSURANCE
A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful
establishment of exterior plants.
Installer's Field Supervision: Require Installer to maintain an experienced full-time
supervisor on Project site when planting is in progress.
B. Topsoil Analysis: Furnish soil analysis by a qualified soil -testing laboratory stating percentages
of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium •
absorption ratio; deleterious material; pH; and mineral and plant -nutrient content of topsoil.
C. Provide quality, size, genus, species, and variety of exterior plants indicated, complying with
applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock."
D. Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or
canes in their normal position. Do not prune to obtain required sizes. Take caliper
measurements 6 inches above the ground for trees up to four -inch (4") caliper size, and twelve
inches (12") above the ground for larger sizes. Measure main body of tree or shrub for height
and spread; do not measure branches or roots tip -to -tip.
E. Observation: The Owner's Representative will observe trees and shrubs either at place of
growth or at site before planting for compliance with requirements for genus, species, variety,
size, and quality. Representative retains right to observe trees and shrubs further for size and
condition of balls and root systems, insects, injuries, and latent defects and to reject
unsatisfactory or defective material at any time during progress of work. Remove rejected trees
or shrubs immediately from Project site.
I. Notify Owner's Representative of sources of planting materials seven (7) days in advance
of delivery to site.
•
EXTERIOR PLANTS 02930 - 3
SECTION 00300
BID FORM
n
`J
0
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
1.7 DELIVERY, STORAGE, AND HANDLING
A. Do not prune trees and shrubs before delivery except as approved by the Owner's
Representative. Protect bark, branches, and root systems from sun scald, drying, sweating,
whipping, and other handling and tying damage. Do not bend or bind -tie trees or shrubs in such
a manner as to destroy their natural shape. Provide protective covering of exterior plants during
delivery. Do not drop exterior plants during delivery and handling.
B. Handle planting stock by root ball.
C. Deliver exterior plants after preparations for planting have been completed and install
immediately. If planting is delayed more than six hours after delivery, set exterior plants and
trees in shade, protect from weather and mechanical damage, and keep roots moist.
I. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other
acceptable material.
2. Do not remove container -grown stock from containers before time of planting.
3. Water root systems of exterior plants stored on -site with a fine -mist spray. Water as
often as necessary to maintain root systems in a moist condition.
1.8 PROJECT CONDITIONS
A. Weather Limitations: Proceed with planting only when existing and forecasted weather
conditions permit planting to be performed according to manufacturer's written instructions and
warranty requirements.
B. Coordination with seeding operations: Plant trees and shrubs after finish grades are established
unless otherwise acceptable to Owner's Representative,
1.9 INSPECTIONS
A. Site Inspection:
1. Contractor will inspect existing site conditions and note irregularities affecting the work
of this section. Verify that existing grades are satisfactory. Verify that the areas to be re -
vegetated are protected from concentrated runoff and sediment from adjacent areas. Note
previous treatments to the areas such as temporary seeding or mulching and discuss with
the Owner's Representative how these treatments will affect permanent re -vegetation.
Report irregularities affecting work of this section to the Owner's Representative before
initiating work. When the Contractor begins work under this section, it implies
acceptance of existing conditions.
2. Contractor shall notify Owner's Representative seven (7) days prior to start of work.
B. Pre -planting Inspections
1. Plant material shall be inspected by an Owner's Representative before planting.
Inspection of materials may be sequenced by major planting areas to accommodate
• efficient planting operations. Plants for inspection must be in a single location preferably
EXTERIOR PLANTS 02930 - 4
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
on the project site. Rejected materials must be removed from the site, replaced and re-
inspected before planting. If the supplier is a local nursery, tagged plants may be
inspected at the nursery. Photographs of the plant materials to be obtained from non -
local sources may be submitted to the Owner's Representative for preliminary inspection.
This preliminary inspection is subject to final approval of plants at the job site. The
Owner's Representative reserves the right to reject plant material during construction and
the warranty period.
2. Soil amendments, backfill mixes and mulches will be inspected at the site by the Owner's
Representative before they are used in planting operations.
3: Obtain Owner Representative's review of staked locations of trees before digging for
those plants occurs. Obtain Owner Representative's review of the location of shrubs in
their containers at the proposed locations before digging commences. Contact Owner's
Representative at least two (2) days in advance.
C. Substantial Completion Inspection:
1. As soon as planting is completed, a review and preliminary inspection to determine the
condition of the vegetation will be held by the Owner's Representative upon request by
the Contractor.
2. The inspection will occur only after the following conditions have been met:
a. Landscape areas will be free of weeds and neatly cultivated;
b. Plant basins shall be in good repair;
C. Irrigation systems shall be fully operational with heads properly adjusted;
d. Debris and litter shall be cleaned up and walkways and curbs shall be cleaned of
soil and debris left from planting operations.
3. If, after the inspection, the Owner's Representative is of the opinion that the work has
been performed as per the Contract Documents, and that the vegetation is in satisfactory
growing condition, he will give the Contractor Written Notice of Acceptance and the
Warranty period shall begin.
4. Work requiring corrective action in the judgment of the Owner's Representative shall be
performed within the first ten (10) days of the warranty period. Work not performed
within this time will require an equivalent extension of the warranty period. Corrective
work and materials replacement shall be in accordance with the Contract Documents, and
shall be made by the Contractor at no cost to the Owner.
5. On occasion, cold weather may preclude the opportunity to replace dead plants, or the
contractor may request replacement to be delayed to the following spring. The Owner's
Representative may grant this extension. In the event an extension is granted, the
replacement plants shall be installed no later than May 15", and the warranty for the
replacement plants shall be extended two full years from date of installation.
6. Final approval and Substantial Completion notice will be given when deficiencies are
corrected.
1.10 WARRANTY
A. Warranty: Installer's standard form in which Installer agrees to repair or replace plantings and
accessories that fail in materials, workmanship, or growth within specified warranty period.
EXTERIOR PLANTS 02930 - 5
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
1. Failures include, but are not limited to, the following:
a. Death and unsatisfactory growth, except for defects resulting from lack of adequate
maintenance, neglect, abuse by Owner, or incidents that are beyond Contractor's
control.
b. Structural failures including plantings falling or blowing over.
C. Faulty operation of tree stabilization.
d. Deterioration of metals, metal finishes, and other materials beyond normal
weathering.
Warranty Periods from Date of Substantial Completion:
a. Trees, Shrubs, Perennials, and Ornamental Grasses: Two (2) years
3. Include the following remedial actions as a minimum:
a. Remove dead exterior plants immediately. Replace immediately unless required to
plant in the succeeding planting season.
b. Replace exterior plants that are more than twenty-five percent (25%) dead or in an
unhealthy condition at end of warranty period.
C. Provide extended warranty for replaced plant materials; warranty period equal to
original warranty period.
0 1.11 MAINTENANCE SERVICE
A. Maintenance Service for Plant Material:
Contractor shall provide full maintenance of landscape, including hand watering as
needed, by skilled employees from initial installation for a period of 4 weeks or until
irrigation system is filly operational, whichever comes first. City of Fort Collins will
accept maintenance responsibility after 4 week hand watering period elapses or after
irrigation system is fully operational. Contractor shall provide City of Fort Collins with
landscape and irrigation maintenance instructions and set up (1) meeting to discuss
maintenance requirements with City of Fort Collins. City of Fort Collins accepting
maintenance responsibility does not remove or negate plant warrantee(s).
PART2-PRODUCTS
2.01 TREE AND SHRUB MATERIAL
A. General: Furnish nursery -grown trees and shrubs complying with ANSI Z60.1, with healthy
root systems developed by transplanting or root pruning. Provide well -shaped, fully branched,
healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun
scald, injuries, abrasions, and disfigurement.
B. Provide trees and shrubs of sizes, grades, and ball or container sizes complying with ANSI
• Z60.1 for types and form of trees and shrubs required. Trees and shrubs of a larger size may be
EXTERIOR PLANTS 02930 - 6
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
used if acceptable to Owners Representative, with a proportionate increase in size of roots or
balls.
C. Root -Ball Depth: Furnish trees and shrubs with root balls measured from top of root ball,
which shall begin at root flare according to ANSI Z60.1
2.02 SHADE AND FLOWERING TREES
A. Shade Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of
height and caliper indicated, complying with ANSI Z60.1 for type of trees required.
I. Provide balled and burlapped trees as specified on the Plant List on the Drawings.
2.03 DECIDUOUS SHRUBS
A. Form and Size: Shrubs with not less than the minimum number of canes required by and
measured according to ANSI Z60.1 for type, shape, and height of shrub.
1. Provide container -grown shrubs.
2. Size of plants/containers as specified on the Plant List located on the Drawings.
2.04 ORNAMENTAL GRASSES
A. Provide healthy, disease -free plants of species and variety shown or listed, with well -established
root systems reaching to sides of the container to maintain a firm ball, but not with excessive
root growth encircling the container. Provide only plants that are acclimated to outdoor
conditions before delivery.
B. Plants: Provide healthy, field -grown plants from a commercial nursery, of species and variety
shown or listed, complying with requirements in ANSI Z60.1.
1. Size of plants/containers as specified on the Plant List located on the Drawings
2.05 PERENNIALS
A. Provide healthy, disease -free plants of species and variety shown or listed, with well -established
root systems reaching to sides of the container to maintain a firm ball, but not with excessive
root growth encircling the container. Provide only plants that are acclimated to outdoor
conditions before delivery.
B. Plants: Perennials: Provide healthy, field -grown plants from a commercial nursery, of species
and variety shown or listed, complying with requirements in ANSI Z60.1.
Size of plants/containers as specified on the Plant List located on the Drawings.
EXTERIOR PLANTS 02930 - 7
L]
E
•
•
•
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
2.06 PLANTING MIX
A. Topsoil: ASTM D 5268, pH range of 5.5 to 7, a minimum of four percent (4%) organic
material content; free of stones one inch (I") or larger in any dimension and other extraneous
materials harmful to plant growth. Submit a minimum of two (2) samples of soil to the
Colorado State University Soil Testing laboratory for analysis and fertilizer recommendations.
Samples shall be taken from widely varying sections of the site.
I. Supplement with imported or manufactured topsoil from off -site sources when quantity is
insufficient, or when topsoil does not meet requirements listed above in section 2.06 A.
Obtain topsoil displaced from naturally well -drained construction or mining sites where
topsoil occurs at least four inches (4") deep; do not obtain from agricultural land, bogs or
marshes.
2. Topsoil shall be incidental to the installation of the plant material.
B. Organic Soil Amendment (Compost):
1. Organic Amendment shall be Class 1 Compost, meeting the specifications and guidelines
established by the Rocky Mountain Organics Council. Supplier shall be A-1 Organics or
approved substitute. Substitute shall be approved (7) seven days min. prior to bidding.
C. Planting Pit Backfill Soil Mix for Median Renovations: Two (2) parts topsoil, one (1) part
imported organic soil amendment.
D. `Berm Soil' for Oak & College Median Renovations: See Drawings.
2.07 MULCHES
A. Organic Mulch: Free from deleterious materials and suitable as a top dressing of trees and
shrubs, consisting of the following:
Wood Chipper Mulch: Ground or shredded, 4" depth — no weed barrier required
a. Organic Mulch will be supplied by the City of Fort Collins Forestry Division, located
at the southwest section of East Prospect and Timberline. Contact the Forestry
Supervisor (Del Bernhardt) at 970.221.6306 three days ahead of need to schedule
pick up. City will load the material into the Contractors vehicle (free of charge) for
transport to the site. Contractor's itemized pricing to include Contractor pickup at
the above location, hauling material to the site and installation.
2.08 WEED -CONTROL BARRIERS
A. Mirafi 140, Typar 3341, or Polyspun 300 or approved equivalent
EXTERIOR PLANTS
02930 - 8
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado •
PART 3-EXECUTION
3.1 EXAMINATION
A. Examine areas to receive exterior plants for compliance with requirements and conditions
affecting installation and performance.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Contractor is responsible for contacting the Utility notification Center of Colorado a minimum
of 48 hours prior to digging in order to field located underground utilities.
B. Protect structures, utilities, sidewalks, pavements, and other facilities, and lawns and existing
exterior plants from damage caused by planting operations.
C. Provide erosion -control measures to prevent erosion or displacement of soils and discharge of
soil -bearing water runoff or airborne dust to adjacent properties and walkways.
D. Lay out exterior plants at locations directed by Owner's Representative. Stake locations of
individual trees and shrubs and outline areas for multiple plantings.
E. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take
corrective measures required before wrapping. Wrap all deciduous single trunk trees with
trunk -wrap tape. Start at base of trunk and spiral cover trunk to height of first branches.
Overlap wrap, exposing half the width, and securely attach without causing girdling.
3.3 TOPSOIL
A. Imported Topsoil: Obtain topsoil displaced from naturally well -drained construction or mining
sites where topsoil occurs at least 4 inches deep; do not obtain from agricultural land, bogs, or
marshes.
Additional Properties of Imported Topsoil or Manufactured Topsoil: Screened and free of
stones 1 inch or larger in any dimension; free of roots, plants, sod, clods, clay lumps,
pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks,
cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar,
roofing compound, acid, and other extraneous materials harmful to plant growth; free of
obnoxious weed and invasive plants including quackgrass, Johnsongrass, poison ivy,
nutsdge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy,
perennial sorrel, and bromegrass; not infested with nematodes, grubs, other pests, pest
eggs, or other undesirable organisms and disease -causing plant pathogens; friable and
with sufficient structure to give good tilth and aeration. Continuous, air -filled, pore -space
content on a volume/volume basis shall be at least fifteen (15) percent when moisture is
present at field capacity. Soil shall have a field capacity of at least fifteen (15) percent on
a dry weight basis. •
EXTERIOR PLANTS 02930 - 9
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
• Fort Collins, Colorado
3.4 PLANTING BED ESTABLISHMENT — Items A-E below apply to the Laurel and Mulberry
Median Renovations in areas outside drip line of existing trees only. For Oak & College
Median Renovations, and for Laurel and Mulberry Median Renovations in areas inside drip line
of existing trees, apply %z" of Soil Amendment on top of existing grade and incorporate by
gently raking.
A. Excavate areas to be planted a minimum 12", except within tree protection zones/drip line of
tree. Owner's Representative reserves right to require a greater distance than the drip line if site
conditions dictate.
B. Remove stones larger than two (2) inches in any dimension and sticks, dirt clods, roots,
rubbish, and other extraneous matter and legally dispose of them off Owner's property.
I. Spread topsoil a minimum of 12". Place topsoil during dry weather and on dry, unfrozen
subgrade. Remove vegetative matter and foreign non -organic material from topsoil while
spreading. Thoroughly blend topsoil and planting soil mix.
C. Organic Soil Amendment (compost) shall be required at a rate of 3 CY per 1,000 S.F. for
Laurel and Mulberry Renovations. For Oak & College Median Renovations, see 3.4 above.
D. Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly
fine texture. Grade to within plus or minus one-half (1/2) inch of finish elevation. Roll and
rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that
• can be planted in the immediate future.
E. Before planting, restore planting beds if eroded or otherwise disturbed after finish grading.
•
3.5 EXCAVATION FOR TREES AND SHRUBS
A. Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base leaving center
area, raised slightly to support root ball and assist in drainage. Do not further disturb base.
Scarify sides of plant pit smeared or smoothed during excavation.
1. For material outside drip line of existing trees, excavate approximately two (2) times as
wide as ball diameter for balled and burlapped stock. Holes for I gallon material within
drip line of existing trees shall be excavated the diameter of container root ball plus 2".
B. Sub -soil removed from excavations may be used as backfill.
C. Obstructions: Notify Owner's Representative if unexpected rock or obstructions detrimental to
trees or shrubs are encountered in excavations.
D. Drainage: Notify Owner's Representative if subsoil conditions evidence unexpected water
seepage or retention in tree or shrub pits.
1. Fill excavations with water and allow to percolate away before positioning trees and
shrubs.
EXTERIOR PLANTS 02930 - 10
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado is
3.6 TREE AND SHRUB PLANTING
A. Before planting, verify that root flare is visible at top of root ball according to ANSI Z60.1. See
Drawings for planting details.
B. Set balled and burlapped stock plumb and in center of pit or trench with top of root ball two
inches (2") adjacent finish grades.
I. Remove burlap, twine, wire basket, etc. from root ball, unless directed otherwise by
Owner's Representative. Remove pallets, if any, before setting. Do not use planting
stock if root ball is cracked or broken before or during planting operation.
2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate
voids and air pockets. When pit is approximately one-half backfilled, water thoroughly
before placing remainder of backfill. Repeat watering until no more water is absorbed.
Water again after placing and tamping final layer of planting soil mix.
C. Set container -grown stock plumb and in center of pit or trench with top of root ball two inches
(2") above adjacent finish grades.
I. Carefully remove root ball from container without damaging root ball or plant.
2. Place planting soil mix around root ball in layers, tamping to settle mix and eliminate
voids and air pockets. When pit is approximately one-half backfilled, water thoroughly
before placing remainder of backfill. Repeat watering until no more water is absorbed.
Water again after placing and tamping final layer of planting soil mix. •
D. Trunk Wrapping: Inspect tree trunks for injury, improper pruning, and insect infestation; take
corrective measures required before wrapping. Wrap trees of two-inch (2") caliper and larger
with trunk -wrap tape in the Fall. Start at base of trunk and spiral cover trunk to height of first
branches. Overlap wrap, exposing half the width, and securely attach without causing girdling.
3.7 TREE AND SHRUB PRUNING
A. Remove only dead, dying, or broken branches only when directed to do so by Owner's
Representative.
3.8 ORNAMENTAL GRASS & PERENNIAL PLANTING
A. Planting Beds Staking - Prior to planting, stake, flag, or paint proposed beds scaling off the
plans to determine bed configuration and size. Contact the Owner's Representative for review
of extent and configuration.
B. Prepare soil as per Section 3.4 under Planting Bed Establishment.
C. Layout planting pots prior to planting. Space plants equally within beds to ensure a uniform
appearance. Remove all pots prior to planting including peat pots.
•
EXTERIOR PLANTS 02930 - 11
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
D. For material outside drip line of existing trees, excavate approximately two (2) times as wide as
pot diameter. Holes for 1 gallon material within drip line of existing trees shall be excavated the
diameter of container root ball plus 2".
E. Plant material so that the plants are flush with finish grade (top of mulch) when complete. This
will require slightly mounding each plant. Lightly compact soil around base of plant to ensure
adequate root/ soil contact. Do not vigorously compact.
Place planting soil mix around plant in layers, tamping to settle mix and eliminate voids
and air pockets. When pit is approximately one-half backfilled, water thoroughly before
placing remainder of backfill. Repeat watering.until no more water is absorbed. Water
again after placing and tamping final layer of planting soil mix.
F. Re-establish fine grade by hand raking or smoothing grade by hand prior to placing mulch.
G. Apply specified mulch taking care not to damage plants. Clear excess mulch from plant
foliage.
3.9 PLANTING BED MULCHING
A. Install weed -control barriers before in -organic (cobble/rock) mulching according to
Manufacturer's written instructions. Completely cover area to be mulched (or as described on
the Drawings) overlapping edges a minimum of twelve inches (12"). Weed Control Barriers are
• not required in organic (wood chipper) mulch areas.
1. Material and Seam Treatment: Non -woven fabric with seams pinned.
B. Mulch backfilled surfaces of planting beds and other areas indicated. Provide mulch ring
around trees in lawn areas.
0
Organic Mulch: Apply four -inch (4") average thickness of organic mulch, and finish
level with adjacent finish grades. Do not place mulch against plant stems. Install organic
mulch in all ornamental grass areas or as indicated on the Drawings.
EXTERIOR PLANTS 02930 - 12
CITY OF FORT COLLINS PARKS DIVISION
MEDIAN RENOVATIONS
Fort Collins, Colorado
3.10 PLANT MAINTENANCE
A. Tree, Shrub and Ornamental Grass Maintenance: Maintain plantings by pruning, cultivating, water-
ing, weeding, fertilizing, restoring planting saucers, adjusting and repairing stakes and guy supports,
and resetting to proper grades or vertical position, as required to establish healthy, viable plantings.
Spray or treat as required to keep plantings free of insects and disease. Restore or replace damaged
tree wrappings.
B. Continuously maintain plantings included in the Contract from the beginning of Contract work, dur-
ing the progress of work and as described in the provisions stipulated in 1.11, this Section for
Maintenance Service above for median work.
C. The Contractor shall be responsible for resetting of plants to an upright position or to proper grade
in the event of unexpected settlement and for the removal and replacement of dead plant material.
D. Warranty: See 1.10, this Section, for explanation of Contractor's / Installers responsibilities
throughout the Warranty period.
3.11 CLEANUP AND PROTECTION
A. During planting, keep adjacent paving and construction clean and work area in an orderly
condition.
B. Protect exterior plants from damage due to landscape operations, operations by other
contractors and trades, and others. Maintain protection during installation and maintenance
periods. Treat, repair, or replace damaged plantings.
3.12 PROJECT RECORD (As -Built Drawing)
A. Maintain one (1) complete set of contract documents on site. Keep documents current. Record
changes in location, quantity and species of plant material. Submit corrected drawings to the
Owner's Representative prior to final inspection.
3.13 DISPOSAL
A. Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and
debris, and legally dispose of them off Owner's property.
END OF SECTION 02930
•
C-I
EXTERIOR PLANTS 02930 - 13
• SECTION 00300
BID FORM
PROJECT: 7634 Median Renovations — Multiple Locations
Place: City of Fort Collins Purchasing
Date: 05/15/2014
In compliance with your Invitation to Bid dated May 15 , 20 14 and subject to all
conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership,
Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby
proposes to furnish and do everything required by the Contract Documents to which this refers
for the construction of all items listed on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good
faith, without collusion or connection with any other person or persons Bidding for the same
Work, and that it is made in pursuance of and subject to all the terms and conditions of the
Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the
Drawings pertaining to the Work to be done, all of which have been examined by the
undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of 5%
($ 11808.75 ) in accordance with the Invitation To Bid and Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a
Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the
date when the written notice of the award of the contract is delivered to him at the address given
on this Bid. The name and address of the corporate surety with which the Bidder proposes to
furnish the specified performance and payment Bonds is as follows: Western Surety Company
100 S Reed St. Sioux Falls SD 57103
5. All the various phases of Work enumerated in the Contract Documents with their individual jobs
and overhead, whether specifically mentioned, included by implication or appurtenant thereto,
are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule,
irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules
subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No. 1 through i .
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8. BID SCHEDULE (Base Bid) .
Please note that the bid schedules are subject to the following timeline:
• Oak and College, Mulberry and College as first priority to be completed by June 15, 2014
• West Horsetooth medians as second priority to be completed by June 151 2014 or alternative
date of September 15, 2014. If second alternative is chosen plants must be secured by July 1,
2014 and stored by the contractor,
• Laurel and College third priority to be complete by September 15, 2014. Plants must be
secured by July 1, 2014 and stored by the contractor.
OAK STREET & COLLEGE AVENUE MEDIAN AND MULBERWSTREET.&
COLLEGE AVE MEDIAN
ITEM
DESCRIPTION (Furnished, Complete in Place, with Warranty)
UNIT
ESTIIMTATED
CI
UNITPRICE
TOTALPRICE
I
Demolition/removal of woody plants, cobble, rock mulch
1
lum sum
p
1
$ -
boulders, and herbicide clearing
3200.00
3200.00
2
Tree Protection
lumpsum
1
150.00
$ 1
3
Earthwork and gradingof berms
each
5
$
200.00
200.00
4
Import topsoil for berms
CY
9
2200
$ 198.00
5
Soil Amendment
Cy
4.5
28.00
$ -
126.00
6
Organic (wood chipper) Mulch (material only provided by
SF
2,035
$
Fort Collins, Re: Specif ications)
1.25
-
2543.75
7
Shrub (1Gal)
each
3
30.00
$ 90.00
a
Evergreen Shrub (1 Gal)
each
2
42.00
$ 84.00
9
Ornamental Grass (1 Gal)
each
9
1800
$ 162.00 -
i0
Perennials& Groundcovers(1 Gal)
each
29
14.50
$ 420.50 -
11
Shrub IS Gal)
each
6
34.00
$ 204.00
12
Evergreen Shrub (S Gal)
each
2
57.00
$ -
114.00
13
PVC Aeration Piping
LF
30
4.25
$ 127.50
14
Type 1 Boulders (saw cut)
each
36
225.00
$ 8100.00
S5
Traffic Control
perday
20
590.00
$ 11800.00
SUBTOTAL
28319.75
Mobilization/Project Startup/ Bonding/ Permits/Site
16
Safety / Insurance/ Overhead, Etc.
I
1
$
1 3000.00
OAK STREET& COLLEGE AVENUE MEDIAN AND MULBERRY STREET& COLLEGE AVE MEDIAN BASE BID
31319.75
•
0
HORSETOOTH ROADMEDIANS',."
ITEM
DESCRIPTION (Furnished, Complete in Place, with Warranty) UNIT ESTIMATEDQTM
UNIT PRICE
TOTAL PRICE
Landscape
1
Demolition/removal of shrubs
lump sum
1
3000.00
$ 3000.00
2
Demolition/removal of mulch, vegetation, and herbicide
clearing
lump sum
1
12000.00
$ _
12000.00
3
Tree Protection
lump sum
1
800.00
$ 800.00
4
Fine Grading of berms
each
4
300.00
1200.00 -
5
Imported Topsoil
CY
20
2200
$ 44000 -
6
Soil Amendment
CY
41
28.00
$ 1148.00-
7
Inorganic (Cobble) Mulch
SF
2,450
3.95
$ 9677.50 -
a
Weed Barrier Fabric
SF
2,450
25
$ 612.50-
9
Organic (wood chipper) Mulch (material only provided by Fort
Collins, RE: Specs)
SF
11,275
1.25
$
14093.75
10
Deciduous Tree(3"Cal)
each
10
525.00
$ 5250.00
11
Deciduous Tree (P'Cal)
each.
2
325.00
$ 650.00
12
Ornamental Tree (11/2" Cal)
each
8
300.00
$ 2400.00
23
Shrub (1Gal)
each
145
2800
$ 4060.00
14
Shrub(5 Gal)
each
319
32.00
$ 10208.00
is
Ornamental Grass (1 Gal)
each
160
16.00
$ 2560.00
16
Perennials &Groundcovers(1Gal)
each
168
12.50
$ 2100.00
17
Boulders
each
33
225.00
$ 7425.00
1a
Boulder Retaining Wall -18"tall
each
20
350.00
$ 7000.00
19
Traffic Control
perday
30
590.00
$ 18750.00
Irrigation
Zo
Backflow Prevention Unitwith Enclosure-3/4" Febco YAw/
Strongbox SBBC-30AL
each
2
1600.00
$ 3200.00
21
Master Valve Assembly
each
2
450.00
$ 900.00-
22
Flow Sensor Assembly
each
2
900.00
$ 1800.0U
23
Isolation Gate Valve Assembly
each
6
450.00
$ 2700.00'
24
Quick Coupling Valve Assembly
each
10
300.00
$ 3000.00
25
Remote Control Drip Valve Assembly
each
12
450.00
$ 5400.00 "
26
Flush Cap Assembly
each
18
15.00
$ 270.00-
27
Single Outlet Drip Emitter Assembly
each
1,449
2.25
$ 3260.25-
28
Drip Drip Ring (Trees)
each
20
20.00
$ 400.00 -
29
Rain Bird Model RBLESP12LXME-F with Cell Cart. and SS PED
each
2
3000.00
$ 6000.00 -
30
N14 AWG Control Wire
LF
16,940
.22
$ 3726.80 -
31
912 AWG Control Wire
LF
2,420
18
$ 435.60 -
32
Diameter Directional Bore Under Pavement; 1-4", 1-2"
OF
910
55.00
$ 50050.00
33
1.5' Class 200 PVC Mainline Pipe
LF
480
3.80
$ 1824.00 -
34
1.25" Class 20DPVC Mainline Pipe
LF
1,940
2.90
$ 5926.00
35
3/4" Polyetheline Drip Lateral Pipe
LF
4,740
80
$ 3792.00 -
36
3" Class 200 PVC Sleeve
LF
60
4,90
$ 294.00
37
2" Class 200 PVC Sleeve
LF
25
3.90
$ 975.00
38
1" Sch 40 PVC Electrical Conduit
LF
85
2.95
$ 250.75 -
SUBTOTAL
$ 197579.15
39
Mobilization/Project Startup/ Bonding/ Permits/Site Safety/
insurance Overhead Etc.
1
$ -
13800.00
HORSETOOTH ROAD BASE BID TOTAL
$ 211379.15 "
REM
DESCRIPTION(Fumished, Complete in Place, with Warranty)
UNIT
ESVIVATED
QTy-
UNITPRICE
TOTAL PRICE
1
Demolition/removal of woody plants, cobble, rock mulch
boulders, and herbicide clearing
lump sum
1
1200.00
$ 1200.00
2
Tree Protection
lumpsum
1
150.00
$ 150.00"
3
Earthwork and grading of berm
each
1
400.00
$ 400.00
4
Import topsoil for berms
Cy
4
22.00
$ 88.00
s
Soil Amendment
CV
3.5
28.00
$ 42.00
6
Organic (wood chipper) Mulch (material only provided by Fort
Collins, Re: Specifications)
SF
565
1.25
$ 706.25
7
Shmb(IGal)
each
2
28.00
$ 56.00
a
Evergreen Shrub(1Gal)
each
3
40.00
$ 120.00
9
Ornamental Grass (1 Gal)
each
7
16.00
$ 112.00
in
Perennials &Groundcovers(IGal)
each
33
12.50
$ 412.50
11
Shrub(5Gal)
each
7
32.00
$ 224.01T
12
Evergreen Shrub (5 Gal)
each
3
55.00
$ 165.0Q
13
Traffic Control
perday
10
590.00
$ 5900.00
sUBTOTAL
$ 9575.75 -
14
Mobilization/Project Startup/ Bonding/ Permits/Site Safety/
Insurance Overhead Etc.
$ _
1700.00
LAURELSTREET& COLLEGE AVE BASE BID
$ 11275.75 '
E
•
0
is
TOTAL BASE BID FOR ALL LOCATIONS $ 236,174.65
IN WORDS: Two Hundred Thirty Six thousand One Hunderd Seventy Four and 65/100
9. PRICES
The foregoing prices shall include all labor, materials, transportation, shoring, removal,
dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several
kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid or change
quantities at his sole discretion without affecting the Agreement or prices of any item so long as
the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Valdemar Trevizo 05/15/2014
Printed
President
Title
DBE #6500
License Number (If Applicable)
(Sea] -if Bid is by corporation) Attest: V&S Landscaping & Sprinkler Systems, Inc. / Valdemar Trevizo
Address 2458 W 44th St.
Loveland, CO 80538
Telephone 970-461-8390
Email vslandscaping @Q.com
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020
Notice Inviting Bids
00020-1 - 00020-2
00100
Instruction to Bidders
00100-1 - 00100-9
00300
Bid Form
00300-1 - 00300-3
00400
Supplements to Bid Forms
00400-1
00410
Bid Bond
00410-1 - 00410-2
00420
Statements of Bidders Qualifications
00420-1 - 00420-3
00430
Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500
Agreement Forms
00500-1
00510
Notice of Award
00510-0
00520
Agreement
00520-1 - 00520-6
00530
Notice to Proceed
00530-1
00600
Bonds and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release (Contractor)
00650-1 - 00650-2
00660
Consent of Surety 00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700
General Conditions
00700-1 - 00700-34
Exhibit GC -A GC -Al - GC-A2
00800
Supplementary Conditions
00800-1 - 00800-2
00900
Addenda, Modifications, and Payment
00900-1
00950
Contract Change Order
00950-1 - 00950-2
00960
Application for Payment
00960-1 - 00960-4
SPECIFICATIONS
91
•
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
0
•
0
• SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned v&S landscaping&Sprinkler Systems, Inc.
as Principal, and WestermSurety Cumpwiy , as Surety, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ 11808.75
for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the City
of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a
Construction Agreement for the construction of Fort Collins Project, 7634 Median Renovations -
Multiple Locations.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the
• form of Contract attached hereto (property completed in accordance with said Bid) and
shall furnish a BOND for his faithful performance of said Contract, and for payment of all
persons performing labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said Bid, then this
obligation shall be void; otherwise the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims
hereunder shall, in no event, exceed the penal amount of this obligation as herein
stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety
and its BOND shall be in no way impaired or affected by any extension of the time within which
the OWNER may accept such Bid; and said Surety does hereby waive notice of any such
extension.
Surety Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
0
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals
this day of May 15 , 2014 , and such of them as are corporations have caused
their corporate seals to be hereto affixed and these presents to be signed by their proper
officers, the day and year first set forth above.
PRINCIPAL
Name: V&S Landscaping& Sprinkler Systems, Inc.
Address: 245aw440,st
Loveland, CO 80538
By:
Title;. President
ATTEST:
By: Patti Kinne/ V&S Landscaping & Sprinkler Systems, Inc.
0
_g. SEAL y_
rn� 2001
i��'A4 cot 0 R AoOap,`��
SURETY AAA xtraA ,t 4
Title:
(SEAL)
a
Bond No
62034806
BID BOND
(Percentage)
KNOW ALL PERSONS BY THESE PRESENTS, That we V&s Landscaping & sprinkler Systems, Inc.
of 2458 W 44th Loveland, CO 80538
hereinafter referred to as the Principal, and
WESTERN SURETY COMPANY
as Surely, are held and firmly bound unto City of Fort Collins
�oX
hereinafter referred to as the Obligee, in the amount of
Five Percent of the Amount Bid
( 5% 11808.75 ), for the payment of which we bind ourselves, our legal representatives,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for
Median Renovations, Median Landscapes City of Fort Collins and Surrounding
5%
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
. specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surely acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 15th day of May 2014
pPOgy� FP(P ; Principal
b: CIO P u
_or
z' SrtiL. n
V&S Landscaping & Sprinkler Systems, Inc.
2001
BY:
c,Ot 0 RM) "' `'
Surety
WESTERN SURETY COMPANY
BY: 7ylom Sckar1((iwa
Tyler Scher f fius, Attomey-in-Fact
IsForth F459541-20D1
Western Surety Company •
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 62034806
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the Stale of South Dakotn, and having its principal office in Sioux Falls, South Dakota (the "Company'D, does by these presents
make, constitute and appoint Tyler Scherffius
its true and lawful attorney(s) in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, hands for:
Principal: V&S Landscaping & Sprinkler Systems, Inc.
Obligee: City of Fort Collins
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
atlorney(s)-in-tact may do within the above stated limitations. Said appointment is made under and by autbority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority harahyconferred shall expire and terminate, without notice, unless used before midnight of August 15th
2014 , but until such time shall he irrevocable and in full force and offect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul 7'. Brufat, and
inporakq,gpA to be affixed this 15th day of May 2014
i���.:•• :'p' WES SUR+ Y COMPANY
Paul T ruf it, Vice President
' .' C A
S'.5OU'ro" 0l'A
COUtr�(7p�t�xAUA es
On this 15th day of May , in the year 2014 , before me, a notary public, personally appeared
Paul T. Brufat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTEI�NtMIZTY COMPANY and acknowledged said instrument to ho the voluntary act and deed o said cv�tion.
0. 44 454940.444SSS96440.9
S. PETRIK J
seAE NOTARY PUBLIC SEAL i
SUMSOUTN DAKOTA� f Notary Public - South Dakota
�YCOMM4994 544999954999
My Commission �xes August 11, 41016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 15th day of
May 2014 .
Fenn F5306 B-2012
WES R SURE Y COMPANY
Poul T ruflat, Vice President
9
11
ACKNOWLEDGMENT OF SURETY
STATE 0, 1 eB (Attorney -in -Fact) Bond No. 62034806
COUNTY
On this f a day of I wl (U-4 t204 , before me, a notary public in
and for said County, personally appeared Tyler Sche ffius
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said Tyler Scherffius
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
N WITNE E EOF, h ve reu to an scribed my rr �xe:and affixed my official seal at
,'7 (n t{ ✓! 1 �d15 (, 6.11[[4 , the day and year last above written.
My commie on a ires
ULd%?6'.W/V ,
Form 106-9-2013
PATTI L I(INNE
I - --no"Mmommuffid]
Notary Public
State Of Colorado
ACKNOWLEDGMENT OF SURETY
STATE OF Colorado 1 ss (Attorney -in -Fact) Bond No. 62034806
COUNTYOF --:1 •eFF{250 J
On this � day of I ' `i"`7 , a'8! / ,before me, a notary public in
and for said County, personally appeared T ler Scherffius
tome personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said Tyler Scberffius
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITN'/F� SS WJEREOF, I have hereunto' subscribed my n Fn and affixed my official seal at
h{n Y /t f_ _ ^ the day and year last above written.
My mus sionVxp res
Form 106-9-2013 i• r�.•iD
Nt ,tea
of •..�!....•� `o
r.. r•n� OP`P .
9
0
0
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information he desires.
1. Name of Bidder: V&S Landscaping & SprinIder Systems, Inc.
2. Permanent main office address: 2458 W A4th St, Loveland, CO 80538
3. When organized:
4. If a corporation, where incorporated: State of Colorado
5.
7
How many years have you been engaged in the contracting business under your present
firm or trade name? thirteen
Contracts on hand: (Schedule these, showing the amount of each contract and the
appropriate anticipated dates of completion.)
under contract at this date
S —
&LtIdYr CcLchltij ramsperk.hon
General character of Work performed by your company:
uh >
Landscaping & Irrigation Design and installation, DBE certified with state of Colorado license #6500
including but not limited to trees, seeding, fencing, retaining walls, irrigation, etc.
Have you ever failed to complete any Work awarded to you?.
If so, where and why?
9. Have you ever defaulted on a contract? No
RE
If so, where and
10. Are you debarred by any government agency?
If yes list agency name.
No
11. List the more important projects recently completed by your company, stating the
approximate cost of each, and the month and year completed, location and type of
construction.
N. College Ave Improvements, city of Fort Collins, Nov 2013 still under warranty, landscape/irrigation
Harmony Rd Median and Street repairs, city of FC, Aug 2012, landscape and irrigation, complete
Mason corridor, city of Loveland, Aug 2011, landscape and irrigation, complete
12. List your major equipment available for this contract.
Truck and trailers 2-Bobcats, landplanes, augers, tree diggers, trenchers, tillers, discs, 754 tractor
buckets, forks
13. Experience in construction Work similar in importance to this project:
Many city projects, including the N College Ave Improvements which gives us knowlege of what to expect
in terms of renewal of existing installs. ie utilities and buried structures that may not be known, the time
frame it takes to work within those boundries
14. Background and experience of the principal members of your organization, including
officers:
Val Trevizo/owner/president - over thirty years experience working with gowning and planting of trees
• Patti Kinne/ manager/project estimator - with V &S for 13 years, over 15 years experience with estimating
and installation of landscape and irrigation, many hours of education in irrigation design and install
15. Credit available: $ $50,000 LOC, unlimited for material suppliers
16. Bank Reference: JP Morgan Chase bank, Chad Tribe, 975 N Lincoln Ave Loveland 970-622-7444
17. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the OWNER? Yes
18. Are you licensed as a General Contractor? Yes
in
If yes, in what city, county and state? Wellington, CO Larimer Couty, Longmont CO Larimer CO
What class, license and numbers? Wellington, #C 184-2014 Longmont, Class 0 1 G 0001-7`I
Do you anticipate subcontracting Work under this Contract? Yes
• If yes, what percent of total contract?
0
20.
And to whom? Quality Traffic Control
15%
Are any lawsuits pending against you or your firm at this time?,
IF yes, DETAIL
No
21. What are the limits of your public liability? DETAIL Insurance Liability 1,000,000
What company? Mountain Insurance Brokers
22. What are your company's bonding limitations? $500,000
23. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
SECTION 00020
INVITATION TO BID
n
U
Il
Dated at Office this 15 day of May , 2014 .
Company: V&S LandscapingLandscgping & SRriulder Systems, Inc.
By: Printed: VatdemarTrevizo
Title: President
State of Colorado
County of Latimer
Valdemar Trevizo
is
Valdemar Trevizo/ President
(Name)
being duly sworn deposes and says that he
of V&S Landscaping & Sprinkler Systems, Inc.
(Organization)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Subscribed and sworn to before me this I day of�, 20d
otary Public PATTI L KINNE
Notary Public
State of Colorado
My commission expires: 02 a5 2 U! &
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors performing over
15% of the contract.
ITEM
Traffic Control
•
C�
SUBCONTRACTOR
Quality Traffic Control
SECTION 00500
AGREEMENTFORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
40
•
•
r1
L
SECTION 00510
NOTICE OF AWARD
DATE: May 27, 2014
TO: V&S Landscaping & Sprinkler Systems Inc.
PROJECT: 7634 Median Renovations - Multiple Locations
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated May 15, 2014 for the above project has been
considered. You are the apparent successful Bidder and have been awarded an Agreement for
7364 Median Renovations - Multiple Locations.
The Price of your Agreement is Two Hundred Fifty -Three Thousand One Hundred Seventy -Four
Dollars and Sixty -Five Cents ($253,174.65), which is the corrected total of the bid schedule.
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany
this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise
made available to you immediately.
You must comply with the following conditions precedent within fifteen (15) days of the date of
this Notice of Award, that is by June 11, 2014.
1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement
• including all the Contract Documents. Each of the Contract Documents must bear your
signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
i
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully -signed counterpart of the Agreement with the Contract Documents att4Ghed.
•r[
Z
0
Gerry" S. Pau'N
Director of Purchasing & Risk Management
SECTION 00520 •
AGREEMENT
THIS AGREEMENT is dated as of the 27th day of May in the year of 2014 and shall be effective
on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
V&S Landscaping & Sprinkler Systems Inc. (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the 7364 Median
Renovations - Multiple Locations.
ARTICLE 2. ENGINEER
The Project has been designed by BHA Design. The City of Ft Collins Parks
Department is hereinafter called ENGINEER and will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents. •
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete in accordance with the following
schedule and after the date when the Contract Times commence to run as
provided in the General Conditions:
1. Oak Street and College Avenue, and Mulberry Street and College
Avenue as first priority must be completed by June 15, 2014.
2. West Horsetooth Road medians as second priority must be completed
by June 15, 2014 or alternative date of September 15, 2014. If
second alternative is chosen plants must be secured by July 1, 2014
and stored by the contractor.
3. Laurel and College third priority to be complete by September 15,
2014. Plants must be secured by July 1, 2014 and stored by the
contractor.
The Work shall be completed and ready for Final Payment and Acceptance
in accordance with the General Conditions within five (5) calendar days
after the date when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraph 3.1.
above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions. •
They also recognize the delays, expenses and difficulties involved in
proving in a legal preceding the actual loss suffered by OWNER if the Work
is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as Liquidated damages for delay
(but not as penalty) CONTRACTOR shall pay OWNER the amounts set
forth hereafter.
1) Substantial Completion:
Two Hundred Fifty Dollars ($250) for each calendar day or fraction
thereof that expires after the prioritized deadline for Substantial
Completion of the Work per Article 3.1 until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Dollars ($100) for each
calendar day or fraction thereof that expires after the five (5) calendar
day period for Final Payment and Acceptance until the Work is ready for
Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: Two
Hundred Fifty -Three Thousand One Hundred Seventy -Four Dollars and
Sixty -Five Cents ($253.174.65), in accordance with Section 00300,
attached and incorporated herein by this reference.
• ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on
account of the Contract Price on the basis of CONTRACTOR's Application
for Payment as recommended by ENGINEER, once each month during
construction as provided below. All progress payments will be on the basis
of the progress of the Work measured by the schedule of values
established in paragraph 2.6 of the General Conditions and in the case of
Unit Price Work based on the number of units completed, and in
accordance with the General Requirements concerning Unit Price Work.
5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as
contract retainage five percent (5%) of each progress payment, but, in each
case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions. If, in the sole
discretion of Owner, on recommendation of Engineer, Owner determines
that the character and progress of the Work have been satisfactory to
OWNER and ENGINEER, OWNER may determine that as long as the
character and progress of the Work remain satisfactory to them, there will
be no additional retainage on account of Work completed in which case the
remaining progress payments prior to Substantial Completion will be in an
•
amount equal to 100% of the Work completed. 95% of materials and
equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the
application Section 00520 Page 3 for payment.
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR to
95% of the Contract Price, less such amounts as ENGINEER shall
determine or OWNER may withhold in accordance with paragraph 14.7 of
the General Conditions or as provided by law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall
pay the remainder of the Contract Price as recommended by ENGINEER
as provided in said paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of is
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the •
• Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions, Supplementary Conditions, those items included in the
definition of "Contract Documents" in Article 1.10 of the General Conditions,
and such other items as are referenced in this Article 7, all of which are
incorporated herein by this reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are
not limited to, the following:
• 7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as follows:
Horsetooth Road Medians
COVER COVER SHEET, DESIGN TEAM DIRECTORY, SHEET INDEX
VICINITY AMP
a I FASTING CONDITIONS, DEMOLITION NOTES, TREE
MITIGATION TABLE
L-I
LANDSCAPE HAM
L-2
GRADNG PLANS, DETARS, TREE PROTECTION SPECS
1-3
PLANT LIST, GENERAL NOTES, DETAILS
IR-D
IRRIGATION POINT OF CONNECTION, NOTES, LEGEND
IR-I
IRRIGATION PUN
IR-2
IRRIGATION DETAILS
Laurel Street & College Avenue and Mulberry Street & College
Avenue Medians
CS COVER SHEET, DESIGN TEAM
DIRECTORY, SHEET INDEX VICINITY
MAP, TREE PROTECTION
SPECIFICATIONS,
DEMOLITION NOTES, NOTES
• L-1 GILDING PUN, LANDSCAPE
FLAN, PLANT LIST
The Contract Drawings shall be stamped "Final for Construction" and •
dated. Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers 1 to 1, inclusive.
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract
Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or incorporated
by reference in this Article 7. The Contract Documents may only be
amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no
assignment will release or discharge that assignor from any duty or •
responsibility under the Contract Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
0
0
OWNER: CITY OF FORT COLLINS
By: 4` 1
GER Y PAUL
DIRECTOR OF PURCHASING & RISK
MANAGEMENT
Title:
Clerk
:SEAL
Address for giving notices:
P. O. Box 580
Fort Collins, CO 80522
A proved as to Form
Assi ant City Attorney
CONTRACTOR: V&S LANDSCAPING &
SPRINKLER SYSTEMS
INC.
By:
1/A L,DrIYMM 2 I l eVI2b
PRINTED
Title: /'/ZES/()Yili
Date:
(C�ZRPCSfg SEAL
2001 :' y
AttesOZ/21
Address for giving notices
License No.:
SECTION 00020
INVITATION TO BID
Date: April 25, 2014
Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at
the office of the Purchasing Division, 3:00 P.M., our clock, on May 15, 2014, for the Median
Renovations — Multiple Locations; BID NO. 7634. If delivered, they are to be delivered to 215
North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is
P. O. Box 580, Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly received will be
publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 7634. The Work consists of median
renovations at the following street intersections in Fort Collins: Oak Street and College Avenue;
Mulberry Street and College Avenue; Laurel Street and College Avenue, and five medians on
Horsetooth Road between Shields Street and McClelland Drive.
All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524.
The City encourages all disadvantaged business enterprises to submit bid in response to all
invitations and will not be discriminated against on the grounds of race, color, national origin.
A prebid conference and job walk with representatives of prospective Bidders will be •
held at 10:00 am, on May 5, 2014 in Conference room 1A at 215 N Mason, Fort Collins.
Prospective Bidders are invited to present their questions relative to this Bid proposal at this
meeting.
The Contract Documents and Construction Drawings may be examined online at:
• City of Fort Collins BuySpeed: https://www.fcgov.com/eprocurement
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3 of General
Conditions. Substantial Completion of the Work is required as specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any informalities and
irregularities therein.
0
SECTION 00530 •
NOTICE TO PROCEED
Description of Work: 7634 Median Renovations - Multiple Locations
To: V&S Landscaping & Sprinkler Systems Inc.
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the reguip6dCONTRACTOR's Performance Bond and Payment Bond have been received
by the QA!Z!N 47�'`
That.'thb OWNER has approved the said Contract Documents.
Theref'oFe, as'the CONTRACTOR for the above described Work, you are hereby authorized and
r;.
diredted.to proceed -within calendar days from receipt of this notice as
requited by -the Agreement.
Dated this' 'E -day of 120. .
The dates for Substantial Completion and Final Acceptance shall be 20_and _
20_, respectively.
City of Fort Collins
OWNER
By:_
Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
20_
CONTRACTOR: V&S Landscaping & Sprinkler Systems Inc.
By:
Title:
9
• SECTION 00600
BONDS AND CERTIFICATES
00610
Performance Bond
00615
Payment Bond
00630
Certificate of Insurance
00635
Certificate of Substantial Completion
00640
Certificate of Final Acceptance
00650
Lien Waiver Release (CONTRACTOR)
00660
Consent of Surety
00670
Application for Exemption Certificate
0
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
V&S Landscaping & Sprinkler Systems Inc.
2458 W 44`h Street, Loveland, CO 80538
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of Two Hundred Fifty -Three Thousand One Hundred Seventy -
Four Dollars and Sixty -Five Cents ($253,174.65) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 27th day of May, 2014, a copy of which is hereto .
attached and made a part hereof for the performance of The City of Fort Collins Project, 7634
Median Renovations - Multiple Locations.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this day of , 20_
•
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
SECTION 00615
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
V&S Landscaping & Sprinkler Systems Inc.
2458 W 441h Street, Loveland, CO 80538
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
(Firm)
(Address)
hereinafter referred to as 'the Surety", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of Two Hundred Fifty -Three Thousand One Hundred
Seventy -Four Dollars and Sixty -Five Cents ($253,174.65) in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 27th day of May, 2014, a copy of which is hereto
attached and made a part hereof for the performance of The City of Fort Collins Project, 7634
Median Renovations - Multiple Locations.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
• IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this day of 20_
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
i
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
11
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
n
I�
• EXECUTED IN TRIPLICATE
SECTION 00615
PAYMENT BOND
Bond No. 71550120
KNOW ALL MEN BY THESE PRESENTS: that
V&S Landscaping & Sprinkler Systems Inc.
2458 W 44w Street, Loveland, CO 80538
Corporation), hereinafter referred to as the "Principal" and
(Firm) WESTERN SURETY COMPANY
(Address) 333 S. Wabash Ave., 41st Floor, Chicago, IL 60604
hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins.
300 Laporte Ave. Fort Collins. Colorado 80522 a (Municipal Corporation) hereinafter referred to
as "the OWNER", in the penal sum of Two Hundred Fifty -Three Thousand One Hundred
Seventy -Four Dollars and Sixty -Five Cents ($253,174.65) in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 27th day of May, 2014. a copy of which is hereto
• attached and made a part hereof for the performance of The City of Fort Collins Project, 7634
Median Renovations - Multiple Locations.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work
provided for in such Agreement and any authorized extension or modification thereof, including
all amounts due for materials, lubricants, repairs on machinery, equipment and tools,
consumed, rented or used in connection with the construction of such Work, and all insurance
premiums on said Work, and for all labor, performed in such Work whether by subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business In
the State of Colorado and be acceptable to the OWNER.
•
•
0
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 3rd day of June 2014.
IN PRESENCE OF:
(Title) yVP. pa�r��gl� J'L
(Corporat_2 dal) AL *A -
:wn
2001
IN PRESEft O,O......
Principal
V&S Landscaping and Sprinkler Systems, Inc
2458 W 44th, Loveland, CO 80538
(Address)
Other Partners
By.
IN PRESENCE OF: Surety WES 1 TY COMPANY
eV, 2---
T LE CHERFFIUS, Attorney -in -Fact
333 S. Wabash Ave., 41st Floor, Chicago, IL 60604
(Address)
(Surety Seal)
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR Is
Partnership, all partners should execute Bond.
• Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 71550120
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint TYLER SCHERFFIUS
its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: V&S Landscaping and Sprinkler Systems, Inc
Obligee: City of Fort Collins
Amount: $3,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
• All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 21
2015 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
s 3rd day of June 2014
WEST R SURE COMPANY
n
Paul T. ruflat, Vice President
On this 3rd day of June , in the year 2014 , before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co at'o
S. PETRIK
(RHamm PUBLIC/,pg=�ppt,� •
SOUTH DAKarA�vl'a/f Notary Public - South Dakota
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 3rd day of
June 2014
WEST R SURE COMPANY
Paul T. at, Vice President
Fonn F530641-2012
• Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
City of Fort Collins
Gerry S. Paul
Director of Purchasing & Risk Management
0
E
ACKNOWLEDGMENT OF SURETY
Colorado 71550120
STATE OF 55 (Attorney -in -Fact) Bond No.
COUNTY OF eenvcr ChafF T
On this y day of CI U,? e— 2O , before me, a notary public in
and for said County, personally appeared T T R SCH .RFFT US
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
. State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said TYLER SCHERFFIUS
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Buena Vista Colorado , the day and year last above written.
My commission expir fs
�—rla
Forth 106-9-2013
JANET S. WALKER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 200"028833
MY COMMISSION EXPIRES 0811812018
ri
L J
• EXECUTED IN TRIPLICATE
SECTION 00610
PERFORMANCE BOND
Bond No. 71550120
KNOW ALL MEN BY THESE PRESENTS: that
V&S Landscaping & Sprinkler Systems Inc.
2458 W 44" Street, Loveland, CO 80538
(a Corporation), hereinafter referred to as the "Principal' and
(Firm) WESTERN SURETY COMPANY
(Address) 333 S. Wabash Ave., 41st Floor, Chicago, IL 60604
hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300
Laporte Ave Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as
the "OWNER", in the penal sum of Two Hundred Fifty -Three Thousand One Hundred Seventy
Four Dollars and Sixty -Five Cents (1253 174.65) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a
certain Agreement with the OWNER, dated the 27th day of May, 2014, a copy of which is hereto
• attached and made a part hereof for the performance of The City of Fort Collins Project, 7634
Median Renovations - Multiple Locations.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Agreement during the
original terns thereof, and any extensions thereof which may be granted by the OWNER, with or
without Notice to the Surety and during the life of the guaranty period, and if the Principal shall
satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and
save harmless the OWNER from all cost and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER
may incur in making good any default then this obligation shall be void; otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Agreement or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any way
affect its obligation on this bond; and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Agreement or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in
the State of Colorado and be acceptable to the OWNER.
0
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this 3rd day of June , 2014.
IN PRE NCE OF: Principal
_�7� V&S Landscapingand Sprinkler Systems, Inc
SEA(.
to.. 2001
�� e
IN PREStNMOF-
CO(ORA00•.••���
nnn
®/6 /Y-' M
o
IN PRESENCE OF
•
(Surety Seal)
2458 W 44th, Loveland, CO 80538
(Address)
Other Partners
Surety
333
COMPANY
NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
0
• Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 71550120
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint TYLER SCHERFFIUS
its true and lawful attomey(s)-in-fact, with frill power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: V&S Landscaping and Sprinkler Systems, Inc
Obligee: City of Fort Collins
Amount: $3,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
• corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of February 21
2015 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
orate .M111%kaffixed this 3rd day of June 2014
S X- R�
WEST R SURE COMPANY
Paul T. ruflat, Vice President
ST'SOfA
COUN'�Fej
On this 3rd day of June , in the year 2014 , before me, a notary public, personally appeared
Paul T. Bru lat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deepf said co at on�
J\
f S. PETRIK
NOUINY PUBLIC
SOUTH DANO A BFAL f Notary Public -South Dakota
�r\rrrrr\rrr\rrr\r\\rrrr 1
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 3rd day of
June 2014
• WEST R SURE COMPANY
Paul T. at, Vice President
Form F5306-6.2012
9
ACKNOWLEDGMENT OF SURETY
STATE OF Colorado (Attorney -in -Fact)
COUNTY OF Chaffee ss y Bond No. 71550120
On this day of �>p Y� before me, a notary public in
and for said County, personally appeared TVT ER SC FRc7 FFr`
to me personally known and being by me duly sworn, did say, that he/she is the Attorney -in -Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of
Directors and that the said TYLER SCHERF T S
acknowledges said instrument to be the free act and deed of said corporation and that he/she has authority to sign said
instrument without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at
Buena Vista Colorado -,the day and year last above written.
My commission expires
Form 106.8-2013
LYNN A. HUGHES
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104002845
MY COMMISSION EXPIRES 01121/2018
0
V&SLAND-01 TSCHERFFIUS
,acoRO CERTIFICATE OF LIABILITY INSURANCE
DATE(MAv0Dnrrr)
slsnola
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
DClnsurers-Mountain
3705 Kipling St # 106
Wheat Ridge, CO 80033
CONTACT
NAME:
PHO HE FAX
AIc Nn Ekt : (303) 420-4774 we No): (303) 420.2882
A E-MADRIESS:
INSURER(S) AFFORDING COVERAGE
NAIC If
INSURER A: Liberty Mutual Insurance Company
41785
INSURED
INSURER B: The Hartford
INSURER C:
- V&S Landscaping And Sprinkler Systems, Inc
INSURER D:
2458 W 44Th
Loveland, CO 80538
INSURER E
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDIL
INSR
SUBR
WVO
POLICY NUMBER
POLICY EFF
MMIDDP/YYY
POLICY EXP
MWDDIYYW
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
X jobsite pollution
X
BKS55718109
12/0112013
12/01/2014
EACH OCCURRENCE
$ 2,000,00
PREMISES Ea occurrence
$ 300,00
MED EXP(Any one person)
$ 15,000
PERSONAL BADV INJURY
$ 2,000,00
GENERAL AGGREGATE
$ 2,000,00
GEN'LAGGREGATE LIMITJECTAPPLIES PER:
POLICY X PRO_ LOC
PRODUCTS AGG
$ 2,000,00
-
S
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALLOMED X SCHEDULED
AUTOS ALL
HIREDAUTO$ X NON-0WNED
AUTOS
broadened Xpollution
X
BA1985084
12/0112013
12/0112014
(CMBI NED SINGLE LIMIT
Ea accident
8 1,000,00
BODILY INJURY (Per Person)
$
(Per ac
BODILY INJURY /Pcident )
$
X
PROPERTY DAMAGE
PER ACCIDENT
$
X
$
A
X
UMBRELLA LIAR
EXCESS LIAR
X
OCCUR
CLAIM$ -MADE
US055718109
12/0112013
12/0112014
EACH OCCURRENCE
$ 1,000,00
AGGREGATE
$ 1,000,00
DED IX RETENTION$ 10,000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABIDTY
ANY PROPRIETORIPARTNER/EXECUTIVE YI❑N
IM OFFICEREMBER EXCLUDED?
(Mandatory in NH)
If yes, descries under
DESCRIPTION OF OPERATIONS belmv
NIA
34WECRE1849
07105/2013
0710512014
X WC STATU- OTH-
RY IM
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
E.L. DISEASEPOLICY LIMIT
$ 1,000,00
rl
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (Adach ACORD 101, Additional Remarks SChBdule, If more apace Is required)
Certificate holder is listed as additional insured
City of Fort Collins
300 Laporte Ave
Fort Collins, CO 80522
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOR DREPRESENTATIVE
9144,
H4AA-9Mn ACl1Rn f`hRDrIDATIl1M en d..M� .vee...ed
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
•
0
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION:
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
PROJECT TITLE: 7634 Median
Renovations - Multiple Locations
LOCATION: Fort Collins. Colorado
OWNER: City of Fort Collins
CONTRACTOR: V&S Landscaping &
Sprinkler Systems Inc.
CONTRACT DATE: May 27, 2014
The Work performed under this contract has been inspected by authorized representatives of
the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the
project, as indicated above) is hereby declared to be substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto. This list may not be
exhaustive, and the failure to include an item on it does not alter the responsibility of the
CONTRACTOR to complete all the Work in accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list within the time indicated.
CONTRACTOR AUTHORIZED REPRESENTATIVE
DATE
The OWNER accepts the project or specified area of the project as substantially complete and
will assume full possession of the project or specified area of the project at 12:01 a.m., on _
. The responsibility for heat, utilities, security, and insurance under
the Contract Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENT
DATE
REMARKS:
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
20
TO: V&S Landscaping & Sprinkler Systems Inc.
Gentlemen:
You are hereby notified that on the day of 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by [Contractorl for the City of Fort
Collins project, 7634 Median Renovations - Multiple Locations.
A check is attached hereto in the amount of $ as Final
Payment for all Work done, subject to the terms of the Contract Documents which are dated
May 27, 2014.
In conformance with the Contract Documents for this project, your obligations and guarantees
will continue for the specified time from the following date: , 20_
Sincerely,
OWNER: City of Fort Collins
By:
Title: •
ATTEST:
Title:
0
ri SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: V&S Landscaping & Sprinkler Systems Inc. (CONTRACTOR)
PROJECT: 7634 Median Renovations - Multiple Locations
The CONTRACTOR acknowledges having received payment, except retainage from the
OWNER for all work, labor, skill and material furnished, delivered and performed by the
CONTRACTOR for the OWNER or for anyone in the construction, design, improvement,
alteration, addition or repair of the above described project.
2. In consideration of such payment and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives
all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims
(40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights
which the CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the construction,
design, improvement, alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund of or in the
possession or control of the OWNER, against the project or against all land and the
buildings on and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or
performed to or for the construction, design, improvement, alteration, addition or repair of
the project were furnished, delivered or performed by the CONTRACTOR or its agents,
employees, and servants, or by and through the CONTRACTOR by various
Subcontractors or materialmen or their agents, employees and servants and further
affirms the same have been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project or any funds in the
OWNER'S possession or control concerning the project or against the OWNER or its
officers, agents, employees or assigns arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any,
and the Surety on the project against and from any claim hereinafter made by the
CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns
arising out of the project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
The parties acknowledge that the description of the project set forth above constitutes and
adequate description of the property and improvements to which this Lien Waiver Release
pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and
may be relied upon by the OWNER, the lender, if any, and Surety on any labor and
material bonds for the project.
Signed this day of 20_
CONTRACTOR: V&S LANDSCAPING &
SPRINKLER SYSTEMS INC.
0
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
by
Witness my hand and official seal.
Notary Public
My Commission Expires:
day of
20_,
•
0
SECTION 00100
INSTRUCTIONS TO BIDDERS
•
•
•
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: V&S Landscaping & Sprinkler Systems Inc.
PROJECT: 7634 Median Renovations - Multiple Locations
CONTRACT DATE: May 27, 2014
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to
the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the
OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of 20_
(Surety Company)
M
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
161
CONTRACTOR APPLICATION
DR 0172 (12/98) FOR
COLORADO RTMENT OF REVENUE
DENY RCO80261EXEMPTION CERTIFICATE
(303)232-2416 Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
ReglslretioNAcaount No. (to he assigned by DOR)
Period
0170-750 (999) $0.00
89
CONTRACTORyINFORMATION
Trade name/DBA:
Owner. Penner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax Number,
( )
Business telephone number:
Colomdo withholding tax account number.
.Copies of contractor agreement pages (1) rdentdying`the eontractrirg parties
EXEMPTION INFORMATION and on (2)ctaming signs uses 0 Contrasting`partres mGs ttac ed 3sv„.
Name of exempt organization (as shown on contract):Exe
organization's number:
98mpt
-
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day year
Estimated Month Day year
construction start date:
completion date:
�s
r
n#rs4x
the statements made in this application are
1 declare under penalty of perjury in the second degree are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
40
•
0
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor's name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor's place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
0
0
LJ
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, FJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining teat that has hecn added and
striking through text that has been deleted.
0
EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
•
Article or Paragraph
Number'& Title
DEFINITIONS
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page Article or Paragraph Page
Number .Number&Title Number
LI
Addenda.............................................J
12
Agreement..........................................1
1.3
Application for Payment,,,,,,,,,,,,,,,,,_.,.
1
1.4
Asbestos.............................................1
1.5
Bid ....................................................
1
1.6
Bidding Documents ........... ...........
._. !
1.7
Bidding Requirements .........................d
1.8
Bonds .................................................)
I.9
Change Ordcr.................... ..............
... 1
I:10
Contract Documeats ,...__..,_._..........
_-.1
1.11
Contract Price.....................................1
1,12
Contract Times ..... ...... ........................
1.13
CONTRACTOR..................................1
1,14
defective.............................................�
1.15
Drawings............................................1
1.16
liffective Date of the Agrccment,,....._
.I
1.17
ENGINEER........................................I
1.18
ENGINEER's Consultant................1
1.19
Field Order .........................................
l
Iz20
General Requirements ...........................
1.21
Hazardous Waste ...... ,.... ___ ................
2
1.22.a
Laws and Regulations; laws or
Regulations ... ................................
_ 2
1.22.6
Legal Holidays.....................................2
123
Liens, ..........................................
..
1.24
Milestone...................... ......................2
1.25
Notice of Award .................................
2
126
Notice to Proceed..............................._2
L27
OWNER .............................................
1,28
Partial Utilization...............................2
129
PCBs ...................................................
1.30
Petroleum.._.................._._._............2
1.31
Project ....................... ..___.............:2
1.32:a
Radioactive Materiel_ .........................
Llib
Regular Working Hour .......................
133.
Resident Project Representative,......__.-2
1:34
Samples....
2
1.35
Shop Dawings.....................,.............2
L36
Specifications.....................................2
1.37
Subcontractor.....................................2
1.38
Substantial Completion „_„,,,,,,,,,,,,,,,,,,I
1.39
-Supplementary Condition....................7
1.40
Supplier :...........................:
T
1.41
Underground Facilities... ..................
_2-3
1.42
Unit Price Work ...................................
1.43
Work .................... 4.............................3
1 44
Work Change Directive„.__................3
1.45
Written Amendment., ..........................
PRELIMINARY MATTERS................................3
2.1
Delivery of Bonds ............. ............
2.2
Copies of Documentg .......................3
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 Rcport; Preliminary Schedtles;
Delivery of Certificates of
Insurance ...................................
3.4
2.8
Preconstruction Conference ....... :......
2.9
Initially Acceptable Schedules ..........
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE......................_..................4
3.1-3.2
Intent .............................................
a
3.3
Reference to Standards and Speci-
fications of Technical Societiem
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terns or
Adjectives... ..................................
5
3.5
Amending Contract Doctmenls.........
5
3.6
Supplementing Contract
Documents...................................5
3.7
Reuse of Documents__...._............._5
AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS__ ...................................
3
4.1
Availability of Lands..,..................5-6
4.2
Subsurface and Physical
Conditions _.................._......__._6
4.2.1
Reports and Drawings......................6
4.2.2
Lim ited Reliance by CONTRAC-
TOR Authorized; Technical
Data............................................?
4.2.3
Notice of Differing Subsurface
or Physical Conditions..................6
42.4
ENGMER's Review......................0
4.2 5
Possible Contract Documents
Change, .........................................
6
4.2.6
Possible Price and Times
Adjustments................................0-7
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
EAIDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ a rY OF FORT COLONS MODIFICATIONS (REV 9199)
1]
•
A
•
Article or Paragraph
Number & Title
Page Article or Paragraph
Number Number &Title
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material ................... 7-8
BONDS AND INSURANCE ..................:..............
8
5.1-5.2
Perform once, Payment and Other
Bonds, ................._............................8
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ....................
S
5A
CONTRACTOR's Liability
Insurance.........................................
9
5.5
OWNER's Liability Insurance ...............
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 Insu-
ance; Option to Replace,,..,,,,,,_,,,,,,,
11
5.15
Partial Utilization --Property
Insurance ............ .:....................:.....
I I
CONTRACTOR'S RESPONSIBILITIES
11
6.1.6.2
Supervision and SuperintendcncF.......
11
6.3.6.5
Labor, Materials and Equipment...
11-12
6.6
Progress Schedule, .............................
12
6.7
Substitutes and "Or -Equal" Items;
CONTRACTORS Expense;
Substitute Construction
Methods or Procedures;
ENO[ NEF.R's Evaluation .............
12-13
6.8-6.11
Concerning Subcontractors, -
Suppliers and Others;
Waiver of Rights .... ___................
13-14
6.12
Patera Fees and Royalties,,,,,,,,,,,,,,,,,,,
14
6.13
Permits__....... .............. ....................
14
6.14
Laves 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
6.26
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
Page
Number
6.25
Submittal Praceedures; CON-
TRACTOR's Review Prior
to Shop. Drawing or Sample
Submittal ....................................
16
6.26
Shop Drawing & Samplc Submit-
tals Review by ENGINEER,,,,,,
I6-17
6.27
Responsibility for Variations
From Contract Documents..........
17
6.28
Related Work Performed Prior
to ENCINFER's Review and
Approval of Required
Submittals ...............................
17
629
Continuing the Worl......................17
6.30
CONTRACTOR's General
Warranty and Guarantee, .............
17
6.31-6.33
Indemnification _.
17-18
6.34
Survival of Obligations.... t..............J8
7. OTIIER WORK................................................J8
7.1-7.3
Related Work at Site,,,,,,,,,,,,,,,,,,,,,,,IS
7A
Coordination......_. _. _....................18
S. OWNER'S
RESPONSIBILITIES.........................1
S
8.1
Communications to CON-
TRACTOR .................................
18
8.2
Replacement of ENGINEER.-.: .......
I S
8.3
Furnish Data andPay Promptly
When Due ..................................
18
8.4
Lands and Easements; Reports
and Tests ...............................
18-19
8.5
Insurance .......................................
19
8.6
Change Orders ...............................
19
87
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 Financul
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
9A
Clarifications and Interpre-
tations ........................................
21
9.5
Authorized Variations in Vbrk
21
E1CDC OENI]tAL CONDITIONS 1910-8099a EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS OIEV 9199)
Article or Paragraph
Number & Title
Page Article or Paragraph
Number Number &Title
9.6
Rejecting Defective Work,,,,,,,,,,,,,,,,,,
21
93-9.9
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
C}IANGES IN
THE WORK......de......_.................:.......
23
10.1
OWNER's Orred Change,,,,,,,,,,,,,,,,23
14.
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 CONTRACI' PRICE ............................23
11.1-11.3
Contract Price; Claim for
Adjustment; Value of
the Work ...................................
23-24
IIA
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 Gssencq ..........................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
DEFEC77VE WORK............._..................................27
13.1
Notice of Defects...,_....................._.27
13.2
Access to the Work ............................27
13.3
Tests and Inspections;
CONTRACTOR's Cooperation,,,,,,,,,
27
13.4
OWNER's Responsibilities;
Independent Testing Laboratory .......
27
13.5
CONTRACTOR's
Responsibilities., .........._.................27
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval, ..............
27
13.8-13.9 Uncovering Work at ENGI-
Page
Number
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.__ ......................
78
13.13
Acceptance ofDefecrive Work_,_,,,28
13.14
OWNER ),by Correct Defective
Work .....................................
28-29
PAYh9EN'fS TO CONTRACTOR AND
COMPLETION ........... ............................. ....
...... '-9
14.1
Schedule of Values., ................
...... 29
14.2
Application for Progress
Payment ............................. _
...... 29
143
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 Paymenl........
31
14,13-14.14 Fine] 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
...... ..................... __............
3
17.1
Giving Notice ................................
33
17.2
Computation of Tim es ....................
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 Ictt blank .......................................
35
EXHBIT GC -A:
(Optional)
Dispute Resolution Agreement,._ ...............
GC -Al
I6.1-16.6
Arbitration ....................... _...,GC
-Al
16.7
Mediation ...............................
GC -Al
EICDC OENULAL CONDITIONS 1910.8 (1990 EDITION
w/ QTY OF FORT COLUM MODMICATIONS (REV 9/99)
0
0
P,
•
INDEX TO GENERAL CONDITIONS
City of Fort Col tins 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 ......................0.7.1
Work by OWNER ..............................
2.5, 6.30, 6,34
Access to the. -
Lands, OWNER and CONTRACTOR
responsibilities ................ .............................
4.1
site, related Work, ..............................
............... 7.2
Work ..........................................
13.$ 13.14. 14.9
Acts or Omissions--, Acts and Omissions..
CONTRACTOR...................................6,9.1,
9.13.3
6NGINEER...... ..................................
6, 20, 9.13.3
OWNER... ...:........................................
..... , 20. 8.9
Addenda --definition of (also see
definition of Specifications)......
f 1.6. 1.10, 6.19). 1.1
Additional Property Insuranceg...............................„
5.7
Adjustments -
Contract Price or Contract
Times ...........................1.5,
3.5. 4.1, 4.3.2, 4.5.2,
....I........................A5.3. 9.4, 9.5. 10.2-10.4.
..................................I......
11. 12,. 14.8. 15.1
progress schedule....... ......... ._
.....:................... 6.6
Agreement --
definition of......................................................J.2
"All -Risk" Insurance, policy form ...........................5.
6.2
Allowances. Cash ....... ...... ......................................11.8
Amending Contract Document;,,,,._
......................... 3.5
Amendment, Written --
in general ................ 1. 10, 1.45,
3.5, 5.10, 5.12; 6.6.2
.......................... 10.1, 10.4, 11.2
....................................
12.1, 13,12.2, 14.7.2
Appeal. OWNER or CONTRACTOR
intent to,,,,,,,,,,,,,,,,,,,,,,,,,, 9.10,"9.t 1, 10.4. 16.2. 16.5
Application for Pn3went--
definition of........:..............:......:.......................).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 ....................... ........ .................
.J4.4-14.7
Arbitration : ........ ,........ ..........................._._._lG.l-1G.G
Asbestos --
claims pursuant thereto ...........................
4.5.2, 4.5.3
CONTRACTOR authorized to slop Work,,,,.,,,,, 4.5.2
.definition of... ... _ .............. _ .......
.AA
Article or Paragraph
Number.
OWNER responsibility for................_.......,,,,4.5.1,
8.10
possible price and times,change.._....
_ „ ,., 4,5.2
Authorized Variations in Worlt,,,,.....
3.6, 6.25, 6.27, 9.5
Availability of Lands ...........................
_............ .1. 8.4
Award, Notice oG-defncd.......................................
1,25
Before Starting Construction .............
....... :......... 7.5-2.8
Bid -definition of .............. ,__....... 1.5
0.1, 1.10, 2:3, 3.3,
„-„_.................4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Docurncnls-dc6nitiun
of.........._........._......_ ....................
1.6(6.8.2_)
Bidding Requirements --definition
of .........................................
13 (1.1, 4.2.6.2)
Bonds—
acceptance of ............... _..._.............................5.14
additional bonds.-'... ...... 1 .1 ......
11-10'5' 11.4.5.9
Cost of the Work ........... ..................
_.............. 11.5.4
definition of ......................................
................ 1.8
deliveryof ...................................................
2.1, 5.1
final Application for Payment,,,,,,,,,,,,,;,,
14.12-14.14
general ......................................
1.10, 5.1.5.3, 5.13,
.......................................
19.13, 10.5, 14.7.6
Performance, Payment and Other ,,,,,,,,,,,,,,,,,„5.1-5-2
Bonds andInsuranee--in general...........................
...... 5
Builder's risk "all-risk" policy form ........................5.6:2
Cancellation provisions, Insurance,,,,,,,,
5.4.11, 5.8, 5.15
Cash .Allowances....................................................
J 1.8
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.
1............ .......... 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, 9A
I..................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__.._..............._...........-................J
1.7
in general .......... _J.19, 1.44, 9,11.
10.4.21 10.4.3, 11
Lump Sum Pricing,
ricing.................. ........................
11:3.2
Notification of Surety ........................................
10.5
Scope of ...................................................
10.3-10.4
Testing and Inspection,
Uncovering the Work,,
................... 13,9
LICDC GENERAL CONDITIONS 1910-8 (1990 SD1noM
WI CITY OF. FORT COLLINS MODIFICATIONS OIEV 9199)
Unit Prim Work,,,,,_ ............
................... 11.9
CONTRACTOR's Fec.................................__.
1L6
Article or Paragraph
Article
or Paragraph
Number
Number
Value of Work..................................................)1.3
CONTRACTOR'S liability,,,,,,,.._ 5.4, 6.12,
6.16, 6,31
Change in Contract Times--
Cost of the Work.......................................11.4,
11.5
Claim for times adjus[i ten[,.,,-„-4.1,
4.2.6, 4.5, 5.15,
Decisions on Disputes:..............................9.11,
9.12
............ 6.8.2, 9.4, 9.5,9.11,
10.2, 10.5, 12.1,
Dispute Resolution............................................16.1
,1,1,1,,1,,,,,13.9, 13.13. 13.14, 14.7. 15.1, 15.5
Dispute Resolution Agreement,,,,,,.............
16.1-16.6
Contractual time limits ..............
...... ;... ............ 12.2
ENGINEER.as initial interprelor.,.............
........911
Delays beyond CONTRACTOR's
Lump Sum Pricing...................................
11.3.2
control.......................................................
12.3
Notice of .............. .............. .....,...__............:....17.3
Delays beyond OWNER's and
OWNF.R's................. _?A, 9.5. 9.11, 10:2, 11.2, 11.9
CWNTRACTOR's control............................12.4
......... I............. 12.1, 13.9, 13.13,
13.14, 17.3
Notification of surety ........ .................................1Q5
OWNER's liability ..........................................
5.5
Scope of change„-,,,,,-,,,_„.........................10.3-10.4
OWNER may refuse to make payment,,,,,,,,-„-,,,,J4.7
Change Orders--
Professional Fees and Court Costs
Acceptance ofDefecfive. Work ...
......._.............13.13
included, ............. .................. _..............
..... 17.5
Amending Contract Documents ..............
I...........3.5
request for formal decision or) ,„-,,,,..........
......... 2,11
Cash Allowances ............... .........
_ 4.... 11.8
.„-„,........
Substitute items ...........................................
_6. 7.1.2
Change of Contract Price ...................................
4.11
Time Extension ............ .....................................
12.1
Change of Contract Times ...................................
12
Time requirements ,,,,,,....4.........................
9,11, 12.1
Changes in the Work ........ :.............
.:..._............-.10
Unit Price Work... ..... ..::............. ................._A
1.9.3
CONTRACTOR's fee.._ .. ...._............................11.6
Value of ........................................... ................
1.1.3
Cost of the .Work, ............................
......... 11A-11.7
Waiver of --on Final Payment .................
)4.14, 14.15
Cost Records_ ...........................
4......4.............. 11.7
Work Change Directive.....................................
10.2
definition of,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,4
............ 1.9
written notice required ...................... 9.11.
11.2, 12.1
emergencies...............................4..
....0.23
Clarifications and interpretations ............ 3-6.3,
9.4. 9.11
ENGINEER's responsibility_.....
9.8. 10.4, 11.2. 12.1
Clean Site .._.... ............................ ...... ............
... 6.17
execution of
Codes of Technical Society;Organization
.....................................................)0.4
Indemnifiction .........................0.12,
6.16, 6.31.6,33
or Association .....................................
............. 3.3.3
Insurancq Bonds and..... ........_._5.10,
5.13. 10.5
Commencement of Contract Times,,,_ .....................
2.3
OWNER may terminate ...............
15.2-15.4
'Communications--
OWNER's Responsibility .............
_.............5.6, IOA
.general ..,,, ........... 4....... ......................
0.2, 6.9.2, 8.1
Physical Conditions-
Hazard Communication Programs, .....................6.22
Subsurface and, .......... ..................................
4.2
Completion -
Underground Facilities..............................4.3.2
Final Application for Payment ..........................
14,12
Record Documents ......... .............................
..... A 19
Final Inspection .... .................... ........
... .14.11
......... .
Scope of Change ................ ...............
....... .10.3-10.4
Final Payment and Acceptance,..,,,,,-.......14.13-14.14
Substitutes ............. ...........
...... 6.7.3. 6.8.2
Partial Utilization .... ............. 4......................
.-.14.10
...............
Unit Price Work,,,-,,,,,,_„_ ................................
11.9
Substantial Completion ............... 1.38,
14.8-14.9
value of Work, covered by........................4.........
11.3
Waiver of Claims, ...........................................
)4.15
Changes in the Work .......................
.......................... 10
Computation of Times ... I .... ............... ........
17.2.1-17:2.2
Notification of surety...
Concerning Subcontractors, Suppliers
......................................10.5
OWNER's and CONTRACTOR's
and Others,,,,,,,,,,,,,,,,,,„-,,,,,.......................
6.8411
responsibilities,,,,...._.................................10.4
Conferences --
Right to an adjustment ......................................
10.2
initially acceptable schedules ........................
.... _ 2.9
Scope of change .......................................
10.3-10.4
preconstructiort............................ ......................
2.8
Claims--
Conflict. Error, Ambiguity. Discrepancy --
against CONTRACTOR .................
_.............. ...6.16
CONTRACTOR to Report ............ _...........:2.5,
3.3.2
against ENGINEER ....... :.........
....................... . 6.32
Construction, before starling by
against OWNER ............ ....................
.............. 632
CONTRACTOR................... 4.......................
2,5-2.7
Change of Contract Price.........
I.................9.4, 11.2
Construction Machinery, Equipment, etc,,,,,,,-,.........
6.4
Change of Contract Times...........................RQ12.1
Continuing the Work .....................................
6.29,10.4
CONfRACTORs............. A. T1.
9.4.9.5. 9.11. 10.2-
Contract Documents-
........................... I 1.2,
11.9, 12.1. 13.9,. 14.8,
Amending ....................................... .............
:.....3.5
..._.__........._..._..................
15.1. 15.5, 17.3
Bonds ................... ................ ._..................
....5.1
4j
E1CDC GRNt7tAL CONDITIONS 1910-a (1990 tDIT1ON)
w/ CITY OF FORT COI.LrNS MODTRCATIONS (RF.V 9799)
to
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430
fully executed.
• 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid opening, a written statement of qualifications including financial data,
a summary of previous experience, previous commitments and evidence of
authority to conduct business in the jurisdiction where the Project is located. Each
Bid must contain evidence of Bidder's qualification to do business in the state where
the Project is located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form provided in
Section 00420.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered: (1)
The ability, capacity and skill of the bidder to perform the contract or provide the
services required, (2) whether the bidder can perform the contract or provide the
service promptly and within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of the bidder,
(4) the quality of the bidder's performance of previous contracts or services, (5) the
previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service, (6) the sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service, (7) the quality, availability and
• adaptability of the materials and services to the particular use required, (8) the
0
0
0
Cash Allounniecs. .. ....... ......... ........ 11-8
Article or Ruagruph
Number
,Change of Contract Pricq ....................................
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
Ek()Wifiii as OWNER'S representative,,,,,,,,,,,,,
9.1
genera13
Insurance....... _..................._....................
........ 5.3
Intent
1-3.4
minor variations in the Work ..............._.............3.6
OWNER's responsibility'to furnish data _
......... s.3
OV;W,R'i resporisibility to make
prompt Payment ............... ...... 3, 14.4,
14:13
precedence ................................................3.1.3.3.3
Record Documents ............................................
6.19
Reference to Standards and Specifications
of Technical Swicticii ...
3.3
Related Work... ..................................... ; ............
7.2
Reporting and Resolving Discrepancies;,,,,,,,
2.5, 3.3
Romeof ..................... I ........................ ....
33
Supplementing ..................................................
3.6
Termination 6fENGINEERs Employment,.........
8.2
Unit Price Work ...............................................
11.9
viriationsl ..................... ................... 3.6,
6.23, 627
Visits to Site, ENGINEER'S._,_;,, ....... ...........
9.2
Contract Price-
aditearn cat of ..... ........... 3.5. 4-1, 9.4, 10.3,
11.2-11.3
Change of
...... * *1 1-1 1.
"
j I
Decision on15pulics ........................................9.11
6 :
definition of
Contract Times -
adjustment of: .... ............ .3.5, 4.1, 9.4. 10.3, 12
Change of.............................................:..12.1-12.4
Com mencement of
2.3
definition of......:.: ............................................
1.12
CONTRACTOR-
Acceptance of Insurance ... ......................
_ ...... 5.14
Comm urications .......................................
jG.2. 6.9.2
Continue Work....::.................... .............
6.29, I0.4
coordination and scheduling.... ... , „
definition of ........................ ...............1.13
Limited Reliance on Technical
Data Authorized
4.2.2
May Stop Work or Term in;iii ...........................
15.5
provide site access to others„......6 ..........
7.2. 112
Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2. 6.16. 6.18,
....... * ... ..... * 6.21-6.23. 762, 13.2
.....................................
Shop Drawing and Sample Review
Pricr,tul Submittal ............... .........................
6.25
vii
Stop Work requirements__ .. .......... ....... ......... 4.5.2
CONTRACIOR's
Article or Paragraph
Number
Componsatio n
" _: .............. ... ......
11.1.11-2
, h,
Continuing ligation .....................................
14.15
Detective Work ................................ 9.6, 13.10-13.14
Duty to correct defeclive Work,,,,,,,,,,,,,,,,,,,,,,,,,,
13.11
Duty to Report --
Changes in the Work caused by
Emergency ............ .............. ..............
26.23
Defects in Work of 61licri; ..............................7.3
Differing condition* ...................................
4.2.3
Discrepancy in Documents,,,,,,,, :2.5; 3.3.2,
6.14.27
Underground Facilities not indicated,,,,,,,,,,
4.3.2
Emergencies .................................... I................0.23
Equipment and Machinery Rental,"Cost
of the Work .........................................
;. 11.4.5.3
Fee --Cost Plus 11-4.5 6, 11.5.1,
IL6
0 eneral Warranty and G umantei; ........................0.30
Hazard Communication Programs,;,,,,;,,,,
,,,,0.22
Indemnification ...... ...... .......... §. I Z 6: 16. 6.31 -6.33
Inspection of the Work ...............................
7.3, 13.4
Labot, Materials and Equipment ....................
0.3-6,5
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
theWork ....................................................
0.30
Potent Fees and Royalties, paid for by,,,,,,,,,,,,,,,;
6,12
Performance and Other Bonds. ...........
Permits, obtained and paid Col by ...........
...... 6.13
Progress Schedule,.........................2.6, 2.8,
2.9, 66.
..... .. .... I ...... I—— ........... 6.29. 10.4,1521
Request for formal decisionon disputes ...............9.1
I
Responsibilities--
Changes in the Work-, . ..............................
10,1
Conceraing Subcontractors, Suppliers
and Others
6.8-6.11
Continuing the Work.... ............. __ ....
6,29, WA
CONTRACTOR'sexpense ..... .....................
0.7.1
CONTRACTOR'S General Warranty
and Guarsintec_
630
CONTRACTORs review prior to Shop
Drawing or Sample subm ittal .................
6.25
Coordination of Work ............... .............
- 6,9.2
Emergencies ...............................................
6.23
ENGINEERS evaluation. Substitutes
or *Or-rsqual" Items_ ._ ........ ................
6.7.3
For Acts and Omissions
ofOthers......__................... 6,9.1-6.9.2, 9:13
for deductible amountsjnsurarice,, ..... ...........
5.9
general ........................................6, 7.11
7.3, 89
Haiardous Communication Programs..........
6.22
Ind.emnification, ..................................
6.31-6.33
EJCDC GENERAL CONDITIONS 1910.9 (1"0 ED111ON)
w/ MY OF FORT COLLINS MODIMCAT70NS (REV 9/99)
•
Labor, Materials and Equipment ... .,_-......6.3-6-5
CONTRACTORS -other-._._ ..........
Laws and Regulations_.............. ,..,,:,
A14
Contractual Liability Insurance ....... ,.,,..............
_.... 5.4.10
Liability Insurance.........................................5.4
Contractual Time ...................................12.2
Article or
Paragraph
Article
or Paragraph
Number
Number
Notice of variation from Contract
Coordination --
Documents ............................_ .............
6.27
CONTRACTOR's responsibility........................§.9.2
Patent Pees. and Royalties ....... ....................
6. 12
Copies of Documents,,,,,,,,.......................................
2.2
Permits._ ............ . ................. ..............
10.13
Correction Period...........,.:.,.:. .................................
13.12
Progress Schedule -._........ ............_..............6.6
Correction, Removal or Acceptance
Record Documents ............ ......... ...:.......
I .... 6.19
ofDefectirre Work --
related Work performed prior to
in general_ ................................. 10.4.1,
13.10-13.14
ENGINEER's approval of required
Acceptance of Defective Work ..... .................1.
3.13
submittals .............................................
6.28
Correction or Removal of
safe structwdi loading ,,,,,,,,,,,,,,,_„-,,,,,....,-„6.18
Defective.Work.................................
6.30, 13.11
Safety and Protection....................6.20,
7.2.13.2
Correction Period ......... .......... .._.................
.,13.12
Safety Representative ,__.............. ___ .........
6.11
OWNFR May Correct Defective Work, ............
13.14
Scheduling the Work„ ...............................
6.9.2
OWNER May. Stop Work .................................
13.10
Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,
6.24
Cast --
Shop Drawings and Samples Review
of Tests and Inspections.............._....................13.4
by ENGINEER ....:...............................
6.26
Records113
Site Cleanliness ...................... _ ___ ...........
6.17
Cart of the Work --
Submittal Procedures,...._ ........................._
G25
Bonds and insurance, additional-„-,,,,,....._...
11.4.5.9.
Substitute Construction Methods
Cash Discounts ..............................................
11.4.2
and Procedures .......................... .........
.
6.7.2
CONTRACTOR's Fee .......... ............................_11.6
Substitutes and "Or -Equal" Items ...............
0.7.1
Employee Expenses,,,.,;,,,,,,,,,,.....................11.4.5.1
Superintendene4...........................................
6.2
Exclusions to ..............................................
11.5
..6.1
General]1.4-I 1.5
Survival of Obligations................................6.34
Home office and overhead expenses ..............
.....11.5
Taxes ......... ...............................................
:.615
Losses and dam ages .... .................................
11.4.5.6
•
Tests and Inspection ............. ....................
13.5
Materials and equipment ............... _..............
:11.4-2
To Report .....................................................2.5
Minor expenses ....... .....>........... ...................
11.4.5.8
Use of Premises,,,,,,,,,,,,,,,,,,,,, 6.16-6.18, 6,30.2.4
Payroll costs on changes .................................
11.4.1
Review: Prior to Shop Drawing or
performed by Subcontractors„_.....- ...............11.4.3
Sample' ubmittal........................................
6.25
Recondsl 1.7
Right to adjustment for changes in the Work..... 10.2
Rentals of construction equipment
right to claim........... 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
and machinery_„_........,,,_..................J
1.4.5.3
.......... 11.9, 12.1. 13.9, 14.8, 15.1,
15.5. 17:3
Royalty payments, permits and
Safety and Protection'..................6.20-6.22, 7 2, 13.2
license fees :,,,,,,,,................. ..........
........ 11.4.5.5
Safety Representative-„_,.,.,_ ........................._.6.21
Site office and temporary facilities ,..............
11.4.5.2
Shop Drawings and Samples Submittals..,,
6.24-6.28
Special Consultants, CONTRACToR's............
11A.4
Special Consultants. ......................._.. ..........
11.4.4
Supplemental .......... _..............................
__:.11.4.5'
Substitute Construction Methods and Procetlures.6.7
Taxes related to the Work --- _.........
...... 11.4.5A
Substitutes and "Or -Equal' Items,
Tests and Inspection,,,,,,,,,,„ ............................
13.4
Expense..:..................................11.4.2
- ....; 6.7.1, 6.7.2
Trade Discounts.............................................
Subcontractors, Suppliers and Others..........
15.8-6.11
Utilities, fuel and sanitary facilities,,,,,,,,,,,,,,
11.4.5.7
Supervision and Superintendencq.,,,..-.,6.1,
6.2, 6.21
Work after regular hours.,,,,.,,„ .......................
11.4.1
Taxes. Payment by .......... _......... ....................
.. 6. 15
Covering Work ............ ___ ............... .............
13.6-13.7
Use of Premises ............._....... .................
6.16-6.18
Cumulative Remedies ..................... ..._............
17.4-17.5
Warranties and guarantees .................... .....
6�5, 6.30
Cutting. fitting and patching_,,,,,,......... I ...........
... ,,,, 7.2
Warranty of'f itle..............................................
14.3
Data, to be furnished by OWNER.............................
K.3
Written Notice Requireil--
Day -definition of................................................17.2.2
CONTRACTOR stop Work or term im ite,.._.... 15.5
Decisions on Disputes .............._....................
9.11, 932
ReportsofDiffering. Subsurface
defective --definition of.................. .._.....................
3.14
and Physical Condition .......................4
2.3
defective Work-
SubstantialCompleticR...............................
14.8
Acceptance of ......................................
10.4.1. 13.13
viii
E1CDC OMNFAAI: COMT10NS
1910-5 (19" EDITION)
wl 0TY OF FORT COLUM MODIFICATIONS (REV 9199)
11
•
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 ................ :...I--
..... 9.2
OWNER May Stop Work .................................
13,10
Prompt Notice of Defects ...................................
13:1
Rejecting ........................................... ..............
. 9.6
Uncovering the Work; ............ ..........._..._......._
13.8
Definitions-::....__:....:::.::
.1
Dclays...................................... 4.1, 6,29, 12.3.12.4
Delivery of Bonds .....................................................
2.1
Delivery of certificates of insurance ..........................73
Determinations for Unit Prices
9.10
Differing Sulaurface,or Physical Conditions..
Noticeof._.__.._................._...........................4.2.3
ENGINEER's Review .........:.............................
4.2.4
Possible Cantract Documents Change,,,,,,,,,,,,,,
4.2.5
Possible Price and Times Adjustment; .............
.2.6
Discrepancies -Reporting
and Resolving ...... ...._.:. :.........._ 2.5,3.3.2, 6,14.2
Dispute Resolution-
Agreemenk..............................................
) 6,1-16:6
Arbitration..:............... ................. ..... ........
16.1-16.5
gtmeia116
Mediation........................................................
16.6
Dispute Resolution Agreement..........................16.1-16.6
Disputes, Decisions by ENGINEER .................
..y-11.9012
Documents --
Copiesof... ..................... .................................
2.2
Record 6.19
Reuseof...............................:...•.......................':3.7
Drawings --definition of.........................................:1.15
Easements.............................................................
4.1
Effective date of Agreement.-- definition gf. ..............).16
Emergencies.............................. ..............23
ENGINEER --
as initial interpreter on dispute; .................
9.11-9.12
definition oC,._.................................................
1.17
Limitations on authority and responsibilities,,,,, 9.13
Replacement of ..... ............ ...............................:3.2
Resident Project Representative......._.._ ..............
93
ENGINEER'S Consultant -- definition of.................1.18
ENGINEER'S --
authority and responsibility, limitations or) ........ 9.13
Authorized Variations in the Wor......................
9.5
Change Orders, responsibility for,,.... 9.7. 10. I I. 12
Clarifications and Intcrpretations.,,,,-,,,,,_...
3:6.3, 9.4
Decisions on Disputes ................I............
9.1 I-9.12
defective Wok, notice of............................_...013.1
Evaluation of Substitute Items ..........................6,7.3
Liability...................................................0.32,
9.12
Notice Work is Acceptable..............................14:13
Observaticros...........................................
6.30.2, 9.2
OWNL'R's Representative ,......_... .............9A
Payments to the CONTRACTOR, -
Responsibility for .................................... 9.9, 14
Recommendation of Payment ................. _14.4, 14.13
Article or Paragraph
Number
Responsibilities --Lim nations m) ....... .........
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility........ I....:..... - ............
.....::..:... 6.26,
Status During Construction -
authorized variations in the Work ..................
9.5
Clarifications and Interpretationp .................
9.4
Decisions on Disputes, ........ ........
.....: 9.11.9.12
Determinations on Unit Price......................9.10
ENGINEER as Initial Interpreter,--,_--,_
9.11-9.12
ENGINEERS Responsibilities .... ............
9.1-9.12
Limitations on ENGINEER'S Authority
and Responsibilities ...................
.........:9.13
OWNER's Representative.,,,,,...... I.....
-.1,,,,,;9.1
Project Representative...................................9.3
Rejecting Defective Work..............................9.6
Shop Drawings, Change Orders
and Payments..................................:9.7--<J.9
Visits to Site ................................ ....
...... ....... 9.2
Unit Price determinations ....................
............. 9.10
Visits to Site ............................................
..._...... 9.2
Written consent requirco!_„...........................
7.2, 9.1
Equipment, Labor, Materials and ........................03-6.5
Equipment rental, Cost of the Work _,,,,,,_,_____,_
11.4.5.3
Equivalent Materials and Equipment.*
error or om issios....................I.............................
0.33
Evidence of Financial Arrangements .........
.............0.11
Explorations of physical conditions_......................4.2.1
Fee, CONTRACTOR's--Costs Plus .........
........11.6
Field Order -
definition of .....................................................
J. 19
issued by ENGINEER,,,,,,,,,,,,,,,,,,,,,,,,,
3.6.1, 9.5
Final Application for Payment_ ... _ ..................
...14.12
Final Inspection ...................................................
14.11
Final Payment -
"it Acceptance ..............
,.14,13-14.14
Prior to, for cash allovanc.. .....................
General Provisions .............................. .........
...17.3-17.4
General Requirements -
definition of._ .................................................
J.20
principal references ........2.6. 6.4.
6.647, 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 responsibilityfix..............................:8.10
E1CDC GENERAL CONDITIONS 1910 •s (1990 EDFITOId
w/ CITY OF FORT COLLINS MODIFICATIONS (1MV 9/99)
Indemnification, ...... __._...............
0. 12, 6.16, 6.31.6.33
Initially Acoeptable Schedules .........:...............
...._ 2.9
Inspection—
Certificates of;,,,,,,;,,,,,,,,,;,,,,,,,,9.13.4,
13.5, 14.12
Final....................:....................................
..14.11
Article or Paragraph
Number
Special, required byENGINEE•R...........................9.6
Tests and Approval.............................$3.
13.3-13.4
Insurance-
Acceptance of, by OWNER ..... ..:....:.............
...... 5.14
.Additional, required by changes
in the Wak............................._..........:
11.4.5.9
Before starting the Work ....................................
23
Bonds and --in general, ..................... I .......
....... 1.1.5
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,,,,,,,,,,,,,,,__,......... .......
5:4A3
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 msurcdg
5 12-5.13
OWNER's Liability,;__„.....................
..._,5.5
OWNER's Responsibility ....................................
8.5
Partial Utilization, Property Insurance ,,,,,,,,,,,,,,,5.15
Property... - .... . .... ...... .. .....
Receipt and Application oflnsurance
Proseeds..............................................
5.12-5.13
Special Insurance.. _................. _ ........... _
........5.10
Waiver of Rights ..............................................
5.11
Intent of Contract Documents .................... ..........
3.1-3.4
Interpretations and Clarifications ....................
3.6.3, 9.4
Investigations of physical conditions .........................
4.2
Labor, Materials and Equipment ........... _........
.....6.3-65
Lands --
and Easements_ ................................ ......
........S.4
Availability of ..................... .--- .................
:..4:1. 8.4
Reports and Tests...............................................FA
Laws and Regulations --Laws or Regulmions--
Bonds................................... ___ ........
..... 5.1-5.2
Chang" in the Work ..... ............................
.._... 6.4
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
Precedence, _..__ ............................. , ......3, 1, 3.3.3
Reference to, _3.3.1
:Safety and Protect i6n ............................... 6.20. 132
Subcontractors, Suppliers and Others,.,,,,,,,, 6.8-6.11
Article or Paragraph
Number
Tests and Inspections,_ ...................... I.........13.5
Use of Premises ................................. .................
6.16
Visits to Site .............. ............................. ...
--- .._9.2
Liabi lity lnsm ancc--
CONTRACf OR's...............................................
5 A
OWNER's:................:.................:.....................:
5.5
Licensed Sureties and Insurers .................................
5.3
Liens --
Application for Progress Payment....... ...............
.14.2
CON RACfOR's Warranty of'fitle................
14:3
.Final Application for Payment ..........................14.12
definition of .................._.....................,...........
1.23
Waiver of Claims ................................... I.......14.15
Limitations on ENGINEER's authority and
responsibilities ........... ... ...................... I .........
.. 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 ContractDocumentg..................3.3.1.
Materials and equipment-.
furnished by CONTRACTOR.... ..............
6.3
not incorporated in Work„.................................14.2
Materials or equipment --equivalent,,,,,,,,,,,,,,,,,,,,,,
6.7
Mediation (Optimal)..............................................1
G.7
Milestones --definition of .......................................
1.24
Miscellaneous --
Computation of Times .............. ........... ._...........
172
Cumulative Remedies ........................................
17.4
Giving Notice....................................................17
d
Notice of Claim.................................................17.3.
Profeesimml Fees and Court Costs Included .........
17.5
Multi -prime contracts ........ _............... ....._............._.7
Not Shown or Indicated __,_,,,,,,,,,,,,,,,,,,,,,.............
:4.3.2
Notice of -
Acceptebilily of Project..................................14.13
Award, definition of .... ..... ............ ....................
L25
Claim............................................................
1.7.3
Defects,13.1
Differing Subsurface or Physical Conditions..,.,_
4.13
Giving............................................................
17.1
Tests and Inspections,,,,_,,,, 13.3
Variation Shop Drawing and Sample.................U37
Notice to Proceed --
definition of, ........ .................. ...... ........... 126
E1CDC GENETIALCONDITION51916.9 (1990 EDITION)
.1 CITY OF FORT COLLM MODIFICATIONS (REV 9199)
0
11
E
E
Notification to Surety.... ................
............._._...... 10.5
,_ Observations, by ENGINEER..___,,,,..,
..........., 6.39, 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......................................................5.7
Other work 7
Overtime Work --Prohibition of„ ......................._......
6.3
OWNER --
Acceptance ofdefecnve Work...........................13.13
appoint an ENGINEER ......................................
8.2
as fiduciary ... ...................... �....... ........... ..5.12-5.13
Availabilitytof Land., responsibility ....................
4.1
definition of ....................................................
1.27
data, furnish ......... ._................ ................_......,
8.3
Mny Correct Defective Work...........................13.14
May refuse to make payment .............................
14.7
May Stop the Work ........................................
13.10
May Suspend Work,
Terminate,,........,__..............$.8, 13.10.
15.1-15.4
Payment, make prompt,,,,,,,,,,,,,,,,,,,,, 83, 14.4,
14.13
performance of other work ..............................
7,1
permits and licenses, requirements ....................0.13
purchased insurance requirements,,,,,,,,,,,,,, ...............
OWNER's--
Acceptance of the Work ............ ..................
0.30.2.5
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
CONTRACTORS responsibilitieq..................
8.9
evidence of financial arangement$..............S.11
inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,,
8.7
insumnoe................................... �.............
:8,5
lands and easements .....................................
8.4
Prompt Payment by ........................................
8.3
replacement of ENGINEER ...........................
$ 2
reports and tests ...........................................
8A
stop or suspend........_8.8, 13,10. 15.1
terminate CONTRACIOR's
services ........................................:.
8.8. 15.2
separate representative at site..............................93
testing, independent.........................................13.4
use or occupancy
of the Work ............... .......... 5.15. 6.30.2.4, 14.10
written consent or approval
required ......................................... 9.1,. 6.3, 11.4
E1CDC OENMA1. CONDITIONS 19104 (1990 EDITIOM
-1 CITY OF FORT COMM$ MOI)MCATIONS (REV 9199)
Article or Paragraph Article or Paragraph
Number Number
written notice required„....:................:7.I,
9.4. 9. 11.
................................. -11.2,
11.9. 14.7, 15.4
PCBs--
definition of......................................................)29
general..............................................................4.5
OWNER's responsibility for . ...................
...........8. 10
Partial Utilization --
definition of ...... ..............................................
1.28
,general 6.30.2.4, 14.)0
Property Insurance. . ........................
5
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 ProgressPnyments ...........
...........)4.2
CONTRAM'OR's Warranty ofTitle ....
____ ......14.3
Final Application for Payment .........................)4.12
Final Inspection„ ...... ......................................
14.11
Final Payment and Acceptance ...............
14.13-14.14
general........................................................8.3;
l4
Partial Utilization .. ..... ....... ..._,...........
1......... J4.10
Retainage..........................................................14.2
Review of Applications for
Progress payments ......................_...
... 14.4-14.7
prompt payment..................................................9.3
.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.... ........................
........... 147
Performance Bonds ............................................
5.1-5.2
Permits-..........................................................
6.13
Petroleum --
definition of.....................................................1.30
general................................... I.........................
4.5
OWNLR's responsibility for-„ ............................
8.10
Physical Conditions --
Drawings oL in a relating to_ .....................
4.2.1.2
ENGINEER's review ............. : ...........................
.2.4
existing strocturea...........................................
4.2.2
general4.2.1.2.......................... .......... --..................
Notice of Differing Subsurface or,:....................4.2.3
Possible Contract Documents. Change.. . ............
4.2.5
Possible Prim and Times Adjustments ..............
4.? 6
Reports and Drawingq.....................................
4.2.1
Subsurface and ...................................................
4.2
SubswfaccConditions, ...,,..,,.. ... ................
4.2.1.1
Technical Data, Limited Reliance by
-
CONTRACTOR Authorized ........................422
Underground Facilities--
general.......................................................
_4.3
Not'Shown or Indicated ..............................
4.3.2
protection of., .................... ................
4.3.6.20
Shown or Indicated- .................................... ;.......
A3.1
Technical Data ...............................................
4.22
Preconswction Conference ..............................:........
2.8
Preliminary Matters ....................................................
2
Preliminary Schedules,,,,,,,,,,,,,,,,
Premises. Use of ........................:....................
6.16-6:18
Prim, Change of Contract ..........................................
11
Prim,.Contract--definition of .......:..........................
1.11
Progress Payment. Applications for ..................
....... 14.2
Progress Paymcnt--retainage,,,;,,,,,,,,,,, I.................;
14.2
Progress schedule, CONTRACTORS ........... 2.6, 2.8, 2.9,
..................... I........... 6.6. 6.29, 10.4, 15:2.1
Project --definition of..............................................131
Project Representative -
ENGINEERS Status During Construction,...........
9.3
Project Representative,.Rcsident--definition of.........
1:33
prompt payment by OWNER .....................................
8.3
Property Insurance --
Additional ............................... ..........................
5:7
genera15.6-5.10
Partial Utilization .... ...:..__................. 5.15.
14.102
receipt and application of proceeds„-,,,,.....
5.12-5.13
Protection, Safety and..............................0,20-6.21,
13.2
Punchlist...........................................................f4.11
Radioactive Material--
defintion of .....................................................
1.32
general4.5
OWNER's responsibility fw ..............................
8.10
Recommendation of Payment ................ 14.4, 14.5,
14.13
Record Documents..... .......__................._ 6.19, 14.12
Records. procedures, Cor maintaining .................
........ :2.8
Reference Points ......................................................
4.4
Reference to Standards and'Specifications
of Technical Societies .......................................
3.3
Regulations, Laws and(or)., .................... f ......
........ 6.14
Rejecting Defective Work ................................
......._ 9.6
Related Work --
atSite ..... ................. ........................ ..:....
..7.1-7.3
Performed prior To Shop Drawings
and Samples submittals review .....................
15.28
Remedies, cumulative .....................................
17.4. 17.5
Removal or Cotrcetion ofDefecfiiv 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,
6.141
Reports --
and Drawings................................................4.2.1
and Tests, 01 WERYs responsibility ... :......:..........
8-4
Resident and Project Representative -
definition of ..... ......... :......................................
1.33
provision for.............................................................?.3
EICDC OGNMALCONDITIONS 1910-5 (1990 EDITION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
•
0
0
7�
Article or Paragraph
Number
Resident Superintendent. CONTRACTOR';,,,,,;-_:,,,;, 6.2
Respornsibilities-
CONTRACTORs-in general ....... __ ............. 6
ENG1199ER`smirr general ..................
............. ....... 9
Limitationson"
...... �9.13
OWNEles-in general .............................
................. 8
Retainage............ ............... ..............
............ -i.14.2
Rcusc of DocumcnLs .......
3.7
Review by CONTRACTOR; Shop Drawings
and Samples Prior to Submittal ........................
::§.25
Review of Applications for
. Progress Nymentl .....................................
14.4-14.7
Right to in adjustment......._.,.....1. ....................
---:10-2
Rights of Way...._._........_.__.... ...............
........ __4.1
Royalties. Patent Fees and ..... 1 .... : ..... ......................
0.12
Safe Stmeturni Loading,,,,,,,,,,,,,,,,,, ..................
,_6.1R
Safety -
and Protection ............. __ ...............
4.3.2. 6.16, 6,18.
.......... I.:,. .......... 6.20,621.
7.2, 13.2
general...................................... ...............
0,26,6.23
Representative, CONTRACTOR's., .....................
0.21
Samples -
definition of ......................................................
1.34
general ...................... ..............................
0.24428
Review by CONTRACTOR .......... _
............ * ..... �6.25
Review by ENGINEER... ...........................
0.26, 627
related Work
6.28
subminalof.- .............................. ...................
6.24.2
submittal procedurcy.........................................0.25
Schedule of progress ..........................
- 2A 2.8-2.9, 6.6,
...... ......... ........................
E29.10.4,15.2.1
Schedule of Shop Dra.wingand Sample
Submittals . .''...................... ;.6,
18-2.9, 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 .... ...... -- ... ................
............. . :7,6
Scopc of Changes,,,,,,,,,,,, ..........................
10.3-10.4
Subsurface Conditions .......................................
4.2.1.1
Shop Drawings -
and S2111PICS, general ....... ................
.......6.24,6.28
Change Orders & Applications for
Paymcnts.-and....... ....... I ........ ---
.......... 9. 7-9. 9
d6rinition of "**, .
............ :.1.35
FNC�INBFR;sa*p'p'"'"
rova'] of
3.6.2
ENGIIIIE-URst-esponsibility,
For review .....................................
P. 7. 6.24-6.28
related Work
.... 0.28
review procedures ...............................
2.8. 6.24-6.28
Article or Paragraph
Number
submittal required... ............................................6.24.1
Submittal Procreduiei..
use to approve substitutions- ............................
6.73
Shown or Indicated
Site Access _: .............................................. : ....
7.2. 13.2
Site Cleanliness ..... ............... .............. .................6.
17
Site. Visits to-
bYENGINE-ER..........................................
. 9,2, 13.2
by others:, ..... I ............
13.2
*cciiil causes of loss" policy form,
insurance......... ........................
5.6.2
definition of,., .................................................
1.36
Specifications-
defirration of .................................. _ ...............
1-36
of Te6linical Societies, reference to
_-_3'3.I
precedence ...... .................... ........................
_3.3.3
Standards and Specifications
of Technical Societies,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
3.3
Storting Construction, Before .........................
Starting the Work... ................... ............
......... _2A
Stop or Suspend Work -
by CONTRACTOR ........................ ............
15..5
by OWNER ......... ........................... �&S, 13.10,15.1
Storage of materials and equipment .....................
4.1.7.2
Structual Loading, Safety ............................ .....
..... 6.18
Subcontractor
Concerning............... ................................
6.8-6-11
definition of;... ... ..... . . ... ..... ..........
................................................
* ....... J.37
delays ......... .
12.3
witim of rights ................................................
0.11
Subccntractcrs--in gimer A
_6.8-6.11
Subcontracts -required provisions,........ 5.11. 6.11.
11.43
Submittals -
Applications for Payment .................................
14,2
Maintenance and Operation Manuals,,,,,,,,,,,,,,
14:12
Procedures.......................... -
........ 62.5
Progress Schedules,,,,,,,,,,,,, ..... ........ ...........
:2.6, 2.9
Samples ............. I ........... -- ...... I ........ -- ...
614-6.28
Schedule of Values,,,,,,,;.. _....... ...............
2.6, 14.1
Schedule of Shop Drawings and Samples
Submissions ......... ................ .... ... 2.6,
2.8,29
Shop Drawings............_ ... ........... ...........
6.24-6.28
Substantial Completion -
certification ot: ................... ........ 6.30.2.3;
KFA4.9
definition of
138
Substitute Construction Methods or Procedure*,,,,,,,
6.7.2
Substitutes and "Or Equal" Items., ............. . .............
6.7
,CONTRACTOR's Expense ...............
FNGI!,ZESR!s Evaluation
6 7.3
"Or -Equal" .................... ...........
6.7.1.1
Substitute Construction Methods
EicmacNERAL coNDrnoNs 1910.8 (1990 EDIfI011i
W/ CITY OF FORT COLLMS MODIFICATIONS (REV 9199)
Article or Paragraph
Number
or Procedures .............................................
6. 7.2
SubstituteItems,,,,,,,,,,,,,,,,,,,,,,_._........,........6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relathg to ..... ..............
...:.4.2, E2
'ENGINEER's Review ................ ......................
.2.4
general :...:.............._..........:...................
.... .......4.2
Limited Reliance by CONTRACTOR
Authoriicd.....:..............:............... ........:
Notice of Differing Subsurface or
Physical Conditions .........................................
4.2.3
Physical Conditions ......................................
4.2.1:2
Possible Contract Docum enls Change ...............
4.2.5
Possible Price andTimes Adjustments..............:4.2.6
Reports and Drawings,._ ..........................__...
4 2.I
Subsurface and ........... :......... ...._.........................
:2
Subsurface Conditions at the Site...................4
2.1.1
Technical Data ................................................:
4.2.2
Supervision--
CONTRACTOWs responsibility._ :: .........
...._..:....6.1
OWNER shall not supervise ................................
8.9
ENGINEER shall not'supervisp................
9.2, 9.13.2
Superintendence............................I,.:...... I..............
6.2
Superintendent, CONfRACTOR's resident................6.2
Supplemental costs ..............................................
11.4.5
Supplementary Conditions --
definition of.....................................................1.39
principal references tp................. ).10, 1.18,
2.2, 2.7,
.- ............... .:0, 4.3, 5.1, 5.3,
5.4, 5.6-5.9,
................ 5.11, 6.8, 6.13, 7.4, 8.1
I, 9.3, 9.10
Supplementing Contract Document$ ...............
-.......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 ...............................................
6.1.1
Surety--
conmittto final payment,,,,,,,,,,,,,,,,,_.....
14.12, 14.14
ENGINEER has no duty td................................
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
%iv
Tern porary construction facilities...-_,_„__.................4.1
Article or Paragraph
Number
Term ination-
by CONTRACTOR ............. .............................
.) 5.5
by OWNER ........................................8.8,
15.1-15.4
of ENG1NEER's employment...............................$.2
Suspension of Work-in general .............................15
'Terms and Adjectives..............................................3.4
Tests and Inspections --
Access to the Wak, by others. ....:.......
::.......... .:.13.2
CONTRACTOR'sresponslbilities,,,,,,,,,,,,,,,,,,,,,,
13.5
cost of 13.4
covering Work prior tq........... ...................
)3.6-13.7
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 theWorkat ENGINEER's
request...... .............. __......... _..............
t3.8-13.9
Times--
Adjustin&..........................................................0.6
Change of Contract ...........................
I ........... ...... 12
Computation of ...........................
................... ..17._
Contract Times --definition
of ...........................).12
day................... .__...........
..............__ 17.2.2
Milestones..........................................................
) 2
Requirements --
.appeals ............... _....................
............ 9.10, 16
clarifications,
claims end disputes
..................9,11, 11.2, 12
Commencement of Contract Tunes,,,,,,,,,,,,,,,, 2.3
Preconstruction Conference ...........................2.8
schedules .........................................
2.6, 2.9c 6.6
Starting the Work.........................................2.4
Title: Warranty of ...................................................
14.3
Uncovering Work ............ ...............................
13.8-13.9
Underground Facilities, Physical Conditions -
definition of.........................:...........................JAI
Not Shown or Indicated.............
. ............ 4.3;2
protection of ................ ...........
.................. .3. 6.20
Shown or Indicated..........................................4.3.1
Unit Price.Work-
claims.........................................................).1:9.3
definition of ....................................................
1.42
generall 1.9. 14.1. 14.5
Unit Prices--
geacrall 1.3.1
Determination Car ............................................
%10
Use of Prem ices _.. _... •„•.................
•...6.16. 6,18, 6,30.2.4
Utility owners.............................6113,
6.20, 7.1-7.3, 13.2
Utilization, Partial ...................
5.15. 6.36.2.4. 14.10
Value of the work..................................................11.3
Values. Schedule of ... ......... .................
2.6, 2.8-2:9. 14.1
EICDC GENMV; 60NUTIONS 1910=8 (1990 ED]T10M
w/ C1LY OF FORT COLLINS MODIFICATIONS (REV 91")
0
is
0
•
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 partic$.. 11. 6.11
Warranty and Guarantee, General --by
CONTRACTOR .... .............. _ .......................... 0,30
Warranty of Title, CONTRACTOR'S .... ............. 14.3
Work --
Access to._..... . 13.2
byothers............................................................... 7
Changes in the ..................................................... 10
Continuing the ..................................................0.29
CONTRACTOR May. Stop Work
or Terminate ......... .... ___ ........... _ ............. 15.5
Coordination of._._7.4
Cost of the J1.4.11.5
definition of ........... ............ ............................. 1.43
neglected by CONTRACTOR ............................ l3A4
other Work
OWNER May Stop Work . ...... ......... ........... 13.10
OWNER May Suspend Work ................... J3,10,15A
Related, Work at Sitq ........... ........................ 7.1-73
Starting thc........................................................ 2.4
Stopping by CONTRACTOR ............................. 15.5
Stopping by OWNER, ............ ................... 15.1-15.4
Variation and deviation authorized, minot ....... __3.6
Work Change Directive —
claims pursuant to ............................................ J0.2
definition of ..... 1.44
.................... .
principal reier'c'n t q* ...... 3.5.3. 10.1-10.2
Written Amendment --
definition of ..... ................................................ 1.45
principal references to,,,,,,,,,,,,,, 1.10,3.5.5.10,15.12,
..................... 0.6.2,6.8.2,6.19,10.1, 10.4,
11,2,12.1, 13.12.2,143.2
Written Clarifications
hca"ti'on's"a*nd
Interpretationq ...... ................ .......... 3.6.3, 9.4, 9.11
Written Notice Required —
by CONTRACTOR_ .........................7. 1. 9. 101.9.11,
10.4.11,2. 12.1
-10.4,
by OWNER,,,;,,,,,,,,,,,,,,,, 9.10-9.11, 11.2, 13.14
XV
131MCGENERAL CONDITIONS 1910.8 (1990 EDITION
W/ CITY OF FORT COLLINS MODERCATIOM XV 9199)
(This page left blank intentionally)
xvi E1CDC GENERAL CONDITIONS 1910-5 (1990 EDITION)
.1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
is
0
ability of the bidder to provide future maintenance and service for the use of the .
subject of the contract, and (9) any other circumstances which will affect the
bidder's performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work so that no
just claims are pending against such Work. No Bid will be accepted from a Bidder
who is engaged on any other Work which would impair his ability to perform or
finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize himself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface
and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without •
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and such means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the Engineer and the OWNER. Interpretation or clarifications
considered necessary in response to such questions will be issued only by
Addenda. Questions received less than seven days prior to the date for opening of
the Bids may not be answered. Only questions answered by formal written Addenda
will be binding. Oral and other interpretations or clarifications will be without legal
effect.
5.2. All questions concerning the scope of this project should be directed to the
Engineer. Questions regarding submittal of bids should be directed to the City of
Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as
having received the Bidding documents.
C�
•
0
GENERAL CONDITIONS
ARTICLE 1-DEFINITIONS
Wherever used in these General Conditions or in the other
'Contract Documents the following .terms have the
meettings in licrted which. are applicable to both the
`singular and plural thereof
LL Addenda -Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change .the Bidding Requirements or the Contract
Documcros.
1.2. Afreement-The written contract between OWNER
and -CONTRACTOR covering, the Work to be performed
other-Conuract Documents are attached to the Agreement
.and made a part thereof as provided therein.
13. Appplicaaori for Paym m-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 Giablem is releasing asbestos fibers
into the air above current action levels eGablished by the
United States Occupational - Safety and Health
Administration,
1.5. Bid -The offer or proposal of the bidder submitted
an the prescribed fomn setting forth the prices for the Work
to be performed.
1 A Bidding _ Docurnenty-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 Did instructions to bidders, and the Did form.
1.8. Bonds -Performance and Payment bonds and other
instruments of security.
1.9. Change prier -A document recommended by
ENGINRfiIT_ which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work. or an a4iisanent in the Contract Price -or the
Corewct Times, issued on crafter the Effective Date of the
Agreement,
1.10. Contract Documents -The Agreement. Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation,.
ace
ompanying the Bid and any post Bic] docur ienmlion
-submittedprior to the Nonce of Award) when attached as
an exhort to the Agreement, the Notice to proceed; the
Bonds, these General Conditions. the Supplementary
Conditions, the Specifientions and the Drawings as the
EJCDCOU4ERAL C001TIONS 1910E (1990 Edllim)
aagTl' OF FORT q)I,I.IJS MODIFICATIONS (REV nit Wee)
same are more specifically identified in the B
together with all Written Amendmerds, .Chary
Work Change Directives.. Field Orders and EN
written interpretations and clarifications issued f
paregraphs3.5, 3.6.1 and 3.6.3 an or after the
Date of the, Agreement Shop Dancing
approved pursuant to paragraphs 6.26 and 6.?
reports and drawings referred to in paragraphs
4.2.2 we not Contract Documents.
1.11. Contract Price -The moneys payable by
OWNER to CONTRACTOR for conpletionof the Work
in accordance with the C.onimct Documents as smned in
the Agreement (subject to the provisions of
paragraph 11 9.1 in the case of Unit Rice 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 parugmph 14.13.
1.13. CONTRACTM--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 ansnisfactory, faulty
or deficient in that it does not conform to the Contract
Document% or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract. Documents, or has been damaged prim to
ENGINEER's recommendation of final payyment (unless
responsibility for the protection thereof has.been ararimcd
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14A Q).
1.15. Dmrvings--Thc 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
Drawingsassodefined
1,16, Effective Date of the Agmement-The date
indicated in the Agreement on which it becomes effective,
but if no such date isindicated'it meansthedate on which
the Agreemenl'is signed and delivered by the last of the
two parties to sign and deliver.
LIT ENGINEER -The person, ..firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant -A person, .fun or
corporation having a contract with ENGINEER to fumish
services as 'LNGINEM''s independent aofessional
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 1heCortmet Times.
1.20. Genenil Requirements —Sections. of Division I of 1954 (42 USC Section 2011 et seq.) as nmepded from •
the Specifications. time to time.
1.21. Hazanlors Waste —The term Hazardous Waste shall
have the meaning g provided in Sectioin 1004 of the Solid
Waste'Disposal Act (42 USC Section 6903) as amendedGan time to tine.
122.a. Lauv and Regulations; Laos or Regulations --Any
and all applicable laws, rules, regulations, ord races
codes and orders of any and all governmental bodies,
agencies, authorities and courts hiving jurisdiction
1 226 Lezal llolirdmw-shall be those holidays observed
Iry the QN, of Fort Collins.
1.23. Liens —Liens, charges, security mterrsls or
encumbrances upon real property or personal property.
1.24. A4ilestane--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 gjAwmd—A written notice by OWNER to
the apparent successsful bidder stating that upon compliance
by the apparent successful bidder with the conditions
,prcccdeni cnumcrated 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 b-NGINRER)
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, OWNLR—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
Ii28. Poniai 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—Poiychlarirat d biphenyls
130, Pehvicim—Petroleum. including crude oil or any
'fraction thereof which is liquid al standard cndifinIS of
temperature and pressure 1:60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil
petroleum, fuel oil, oil sludge, oil refuse. gasoline, kerosene
and oil muted with other norm -Hazardous Wastes and crude
oils
1.31. Project —The total construction of which the Work
to be provided under the Contract Doctanents may be the
whole, m 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
EICDCGFTRRAL COND1116M 19108(1990Edi OM
w'i Ci7Y OF FORT GT1ulm MOD6ICATIOAS (REV 4n00dx
1 32 b Reeriiar Woridn¢.Hours—Regular workma he
we defined as 7:00am to 6 00pin unless otherwise
snecified in the General Requirements.
l31 Resident Project Representative—Tbe authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
1.34. Smnples—Physical examples of materials,
equipment, or workmanship that are representative of
sane portion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Draivirrgs--All dmwirgs; diagrams,
illustmtums:.schedules and other date a information
which no specifically prepared or assembled by or (or
CONTRACTOR end submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36_ Specifications —Those portions of the Contract
Documcrett consisting of written technical descriptions of
materials, equipment; constructionsystems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor --An individual, firm or corpomtion
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a partof the
Worl, at the site.
1.38. Su5sramial Completion —The Work (or a
specified part thereop has progressed to the pond where,
in eihe opmmn of ENGINEER as evidenced by
ENGINLER'a definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documrnts, so that the Work (or specified
part) can be utilized for the purposes for which it,is
intended; m if no such certificate is ensued, when the
Work is complete and ready for tint payment as
evidenced by ENGTNEER's written recommendation of
fatal 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 Caapletion thereof.
1.39. Supplementary Conditions-3'he part of the
Contract Documents which amends or supplements these
General Co nditiom
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR m with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or my Subcontractor.
L41. Underground Facilities —All pipelines; conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any eneasanents
containing such facilities whichhavebeen installed
urdetgound to furnish any of the following services or
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materials: electricity, gases, steam,. liquid petroleum
products. telephone or other communication% cable
televisimt sewage and drainage removal, traffic or olha
control systems or water.
1.42. IJWt Price Work -Work to be paid far on the basis
of unit prices.
1.43. Work -The "entire completed construction or the
various separately identifiable ppaartrtss (�hereof required to be
furnished under the Contract Documents. Work includes
:And is the result "oC performing or famishing labor and
-furttisliittg and inco�+r rntingmaterials end equipment into
'the Nnnru-1 ml,,AfW pCTCOtmmg Or CUIrIIShing setl'rees and
furnishing documents, all as "required bl' the Contrect
Dooumcns
1.44. Work Chgluge Directive-A"wriuen directive to
CONTRACTOR issued on er alter the 'Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion or revision
in the Work, "or imponding to differing or unforeseen"
physical corditions under which the Work is to be
performed as provided in pomgmph4.2 or 4.3 ce to
=agencies under paragaph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that" the patties expect that the
change directed or documented by a Work Charge
Directive will be incorporated in a subsequently issued
Change"Order following negotiations by the parties as to its
effect, if any, on the Contract Rice orContmet Times as
provided in paragraph 10.2.
1.45. IVntin Amendment -A written amendment of the
'Coraract Documents, signed byOWNER and
CONTRACTOR on or after : the Effective Date of the
Agrcanent and normally dealing with the nonenguteering
"ar nontechnical rather than strictly consduction-related
aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
D¢hvery of Bon&.-
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 ofl) a meats
2.2. OWNER -.;hall fumish to CONTRACTOR up to ten
copies (unless otherwise-speciEr_eid -in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be Cumished, upon request, at the cost of reproduction.
Commencement ofConinact 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,
VCDC OWERAI. CONDITIONS 1910-8 (1990 Edtim)
n't C1TY OF FORT COLLI143 MODt1.7CATIONS IItEV 42000)
if a Notice to Proceed is given, an the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time widrmlhirty days after the Effective Date of the
t 411 -,L_ M1�A...., Tim....
temenL 11 H H
jtd-openingrr-the thin ietli day-after-tltc-Iit%otive'!
of-thea�greernatk-whichever-dsteistarlier-
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
at the date when the Contract Tunes commerce. 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 carefullystudy and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
ineasurements. CONTRACTOR shall promptly report in
writing to F,NG(NEER any conflict, error, ambiguity or
discrepant}• 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 far failure to report any conflict,
error, .ambiguity or discrepancy in the Contract
Documents, unless CON"rRACfOR knew or reasonably
should have known thereof
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwisespecified in the General
Requirements),. CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
rheum (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&21. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Eneineer.
2.6d. A preliminary schedule of values for all of
the Work which will include quantities and prices of
Rents aggregating ..the Contract Price and will
subdivide the Work into compohent pans in sufficient
detail to serve as the basis for progress psymenis
during con9metiom Such prices will include an
appropriate amount of overhead and profit applicable
to each item, of Work.
23. Before any Work at the site is startedl,
CONTRACTOR and-GIVPWA shall eaeh deliver to the
olber OWNER with copies to each-eclditieae}-uisured
idemiGed-i ENGTNEF'R
certificates of insurance (and other evidence of insurance
-rastna requested by OWNERI which
CANT1 C1'OR is
maintain required
purchase and in �aaordame with
paragraphs 5.4-5.6;end3:i.
Preconstrarlion Conference:.
-2.5. Within twenty days after the Contract Times start to
run, but before any Work at the site is stained a conference
intended 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 pro essing Applications for payment and
maintaining required records.
Initially Acceptable Scheduler
2.9. Unless otherwise provided in the Contmct
D cumcnts, a cot
Appliaatien-faFP y,mant hefine tiny work at the site begins
a confcrcnce.attendcd by CONIRACTOR, ENGINEER
and others as a proprinte desivnated by OWNER, will be
held to review tPor acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paiagraph2.6. und�iyL12 7 - G era 99!t¢enLep3.
CONTRAC'1'0R.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 untd 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
emmpletim within any specified Milestones and the
Commet Times, but such acceptance will "neither impose on
ENGINEER responsibility for the sequencing schedulug
a progress of the Wort: nior interfere with or relieve
CONTRACTOR from CONTRACTORS full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Samplesubmissions 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--CON'TRACr DOCUMENTS: INTENT,
ANIENDING, REUSE
Intent
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerrarg the Work. The Contract Documents are
complementary; what is called for by me is as binding as if
called for by all. The Contract Documents will be
constrbed in accordance with the law of the place.of the.
Project.
3.2: It is the intent of the Contract Documents to
EJCDC GENfltAL CONDITIOM 191"(1990 Edam)
w/QTY OF FORT WLum MODIFICATIONS ai V4rt000)
describe.a functionally complete Project (or part thereof)
to be crostruc1ed in accordance with the Contract
Documents. Any Wank, materials a equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will tie famished 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
meanning. Clarifiwtiass and intcrpreiations of the Contract
Documents shall be untied by ENGINEER a5 provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical .Societies; Reporting and Resohing
Di.ecrepancies:
3.3.1. Refeence to standards, specifications,
manuals or codes of any technical society, org'anvstion
or association, of 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 Datcof the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Doamems,
33.2. 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
arry 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 airy
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 alfected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the ContractDocuments
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6; provided however, that
CONTRACTOR stall not be liable to OWNER Or
ENGINEER for failure to report any such codlia,
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 pamgraph3.5 or -3.6, the
provisions of the Contact Dovmems shall lake
precedence in resolving any conflict, error: ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
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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 W Regulation).
No provision of any such standard, specific tion,.manual,
code or instruction shall be effective to change the duties
jandregmnsibilities of OWNER, COM'RAcrolz or
ENGINEER• or an), of their subcontractors, consultants,
agents or employees from those act forth,in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGMF,R's Consultants, agents or
employees any duty or authority to supervise or direct the
fumishing 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
Lontract Documents.
3.4. Whenever in the Contract Documents the terms "as
.ordered",."as directed", "as required", "as alloveod", "as
approved' or terms of like effect or import arc used, or the
adjectives"reasomnbW. "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requvement, direction, review or
judgment of ENGINEER as to the Wok. it is intended that
such requirement, direction, review, or judgment will be
solely 'to evaluate, in general,.thc completed Work for
compliance with the requirenenls of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as,
u H Speelne Sm eMCM. Irmaaling mmerwnae). I he use 01
any such term or adjective shall not be effective to assign to
INGINEER any duty or authority to supervise or direct the
Iumishing or performance of -the Work or -any duly or
authority to undertake responsibility contrary to the
provisions of paragraph 9 13 or any other provision of the
Contract Documents.
4menrbng 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 fallowing ways:
3.5.1. a formal Written Amendment.
3,5:2. a Change Order (pursuant to paragraph 10.4).
or
EXDC OENERAL COMITtON5191" (1790 Eduw)
w/01T OF FORT iMIA S MODIFICATIONS ptEV 4R000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10:1)_
3.6. In addition, the requirements of. the Contract
Documents may be supplemented, and mina variations
and deviations in the Work may he aut iorimd, intone or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5�
3.62. ENGINEER 's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 617), or
3.6:3. ENGINEER's written ,interpretation or
clarification (pursuant to pamgrnph 94).
Reuse ofDoeumenrs:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization prfonninp or
funnishmg .any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquQe any
title to or ownership rights iri any of the Drawings,
Specifications or other documents (or copies of any
thereol) prepared by or bearing the seal of ENGINEER or
FNGINTF.F.R's Consultant, and (t) shall not reuse any of
such Drawings, Specifications, other documents or copies
on estensionsfof 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
ihadubiGty ofLanda:
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
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 ceisting
ITolr ies will be obtained and'paid for by OWN unless
otherwise, provided in the Contract Documents. 'If
CONTRACTOR and OWNER are unable to agree an
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, rightsof.
way or e9sancr4 CONTRACTOR may make a claim
therefor _ as provided in Articles I I and 12.
CONTRACTOR shall provide for all additional landsand
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface andPhyaical C'anrhtions:.
4.2.1. Reports and Drarwngs: Reference is made to
the Supplementary Conditions for identification of.
4.2.1.1. Subsurface Con&aiiorrs: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER at preparing the. Contract Documents;
and
4.2.1.2. Physical Conebtlons: Those drawings of
ph}Nical conditions. in or relating to existing surface
or subsurface stmoturesat 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 dam" contained in such
reports and drawings, but such reports and drawings are not
'Contract Documents. Such 'technical dam" 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 a any of
ENGINEER's Consultants with respect to:
42.2.1. the completcnes of such repots and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techhiqu6.% 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
4.2.23. any CONTRACTOR interpretation of
or conclusion drawn from any "technical dam" or
any such data, in erpretatione, opirrionc or
information.
4.2.3. Notice of Differing Subsurface or Plnsical
Conditiois: If. CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered car 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
FXDCOEtaQtAL CONDI116M 1910-3(1990 EMM)
wi CITY OF FORT COLLt tS MODIFICATIONS (REV 4/1000)
indicated in the Contract Doctuneras; or
4.2.3.4. is of an unusual nature and dill=
materially from conditions ordinarily encountered
and gasrally recognized as inherent in workof
the character 'provided for in the Contract
Documents; then
CONTRACTOR shall, pnampl4 immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
ppeermitted by paragraph 6.23), notify OWNER and
ENGINEER m writing about such condition.
CONTRACTOR shall not further disturb suchconditions
or perform any Work in connection therewith (except as
aforesaid) until remapt of written order to do so.
4.2.4., E'NGIAEER's Review. ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWN'ER'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 Docianents Change: If
ENGINEER concludes that a change in the' Contract
Docum ants is required as a result ore condition that meets
one or more of the categories in paragraph 4.2.3. a Wok
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 Tunas Aentstnienre An
equitable adjustment in the Contract -Prim or in the
Contract Times, or both, will be allowed to the extent that
the ceistence of such uncovered or revealed condition
causes an increaseor deaease in CONTRACTOR'S cost
of, or time required for performance o[ 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, inchisive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of no, a tunditiin
precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
an a Unit Price Basis. arry adjustment in Contract
Rice will be subject w the provisionsof
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contact. Price or Times
if;
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions it the
time CONTRACTOR made a final
comnitmad to OWNER in respect of
Cataract Rice and Contract Times by the
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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
coridition 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
Acquirements or Ca coact 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 pamgraph 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 Rice or Contract
Times, a claim may be. made therefor as providedin'
Articles I I and 12. However, OWNER, ENGINEER and
H24GINEF,R's Consultants shall not he liable. to
CONTRACTOR for any claims; costs, losses or damages
sustained by CONTRACTOR can or in connection with any
other project or anticipated project
4.3. Physical Con&dons Underground Facilities:
4:3.1. Shoun or lndmied: The information and data
shown or indicated in the Contract Documents with
icspct to existing Underground Facilities at or
cmhguous to the siteis 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 cast of all of the following will be
included in the Caitmct Price and CONTRACTOR
shall havefull responsibility for, (i) reviewing and
checking all such information and data. (ii) locating
all Uniierground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners, of such Underground Facilities"
during consuuctic n, and . (iv) the safely and
protxtion of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Wok.
432. Not Shoun or In heated: If an Underground
Facility is uncovered or revaled at or contiguous to
the site which was not shown or indicated in the
lterfarmiag any Work in connection therewith (exnot
in an emergency as required by paragraph 6.23).
identify the owner of such Underground Facility and
EICOCOENERAL COMMONS 19104 (1990 Edtiom
w/CITY or FORTGOLUM MODIFICATIONS IIthV 412000)
give written notice to that owner and to OWNER and
.ENGINEER ENGINEER will promptly review the
Underground Facilityand determine the extent, if
any, to which a change is required in the Contract
Documents to reflecl'enddocument 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 retleot and document such consequences. During
such time. CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as pprovided in pam&mph 6.20.
CONTRACTOR steal} mma beallowed an increasein
the Contract Nice or an extension of the Contract
Times, or both, to the extent that they are attributable
Co the existence of BayUnilerground Facdity'that "i
not shown or,indieated in the Contract Documents
and that CONTRACTOR did notknow of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are umble to agree on'entidement to or the amount or
length of any such adjustment in Contract Nice or
Contract Tunes, CONTRACTOR may make a claim
therefor as provided in Articles 1 I and 12. However,
OWNER, ENGINEER and ENGTNEER's
Consultants shall not be liable to CONTRACTOR for
any claims, casts, losses or damages incurred or
sustained by, CONTRACTOR on or in comeetio n
with any other project or anticipated project.
..Reference Poirnta:
4.4. OWNER shall provideengineering surveys to
establish reference points for construction which in
M40INEER'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 last or destroyed or requires relocation because of
necessary changes in grades a locations, "and shall be
respirisible for the accurate" replacement. or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos PCM Petroleum: Hazardous Nacre 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 asubstantial danger to persons or
property exposed thereto in connection with the Work
et the,site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR; Subcontractors, Suppliers or
mymc else for whom CONTRACTOR is
responsible.
4-5:2-CONTd2AGFOR-shnNtmmediatelyF{ij•stopelI
4.54. The pfevisions of ....p",r3..
r,__�, flBittlUBF60C�
er-reveoled et-thest4e:
EICDcOENuLAL CONDITIONS 1910F (1990 Editim)
w/ CITY OF FORT mwtts MODIFICATIONS (REV 4r1000)
ARTICLE 5-110NDS AND INSURANCE 0
Pedbrmanee, Payment and Other Bondi
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each at an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACfOR's oblirtions under the
Contact Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also famish such other 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
wrrent list of "Companies. Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amrndcd) by the Audit Stall, Bureau of
Government Financial Operations, U.S.Treasury
Department. All Bonds signed by an agent must be
accompanied by n car ified 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 ton days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5,3. Licensed Sureties and Intros; Certificates of is
5.3.1. All Bonds and insumace required by :the
Contract Documents to be purchased and maintained
by O\VNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorimd in the junsdiedon 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
nddiliomt requaements mul qualifications as may be
provided in the. Supplementary Conditions.
5.32. CONTRACTOR -.shall deliver to OWNER
with copies to each additional insured identified m the
Supplementary Condiucres certificates of insurance
(and other evidence of insurance requested by
OW'gER or any other additional insured) which
0
0
CONTRACTOR's Llabilitylnsurance:
5.4. CONTRACTORshallpurchase and maintain such
liability and other insurance w,is appropriatefor the Work
being performed and furnished and as will provide
protection from claims set forth below which may wise out
of or- result front ;CONTRACTOR'' .performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Document whether it is to
be performed or furnished by CONTRACTOR, any
Subcotractur 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 actsany of them
may be liable:
5.4.1. claims under workers' compensation; disability
.benefits and other similar employee benefit acts;
5.42. 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:-olainn s-for-damegf-insured-by-custoinmy
m�direely-related-to+l»e - .
5.4.5, claims for damages, other than to the Work
itself, because of injury to a demotion 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 wising 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 insuieds (subject to any
customary exclusion in respect of professional
liability), ,OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities idiniified
in the Supplementary Conditions,. all of whom shall be
listed as additional maureds, and include coverage for
the respective officers'and employees of all such
5.4.8. include the specificcoversgcs and be.written.
for not leis than the limits of liability prm•ided in the
'Supplementary Cerditionns.or required by Laws or
Regulations, whichever is greater,
5.4.9. includecompletedoperatonsinsuanae
EJCDCOEN'ERAL CONDITIONS 1910-8 (19906dtim)
%TaTl• OF FORTCOLUM MODIFICATIONS (REV 4r1000)
5.4.10. includecontractual liability insurance
covering CONTRACTOR's indemnity obligatiois
under paragraphs 6.12, 6.16 and 6.31 through 6.33:
5.411. -contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior :written notice has been; given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whoa
a certificate of insurance has been issued (and the
certificates of insurance Furnished by the
CONTRACTOR pursuant to paragraph 53.2 will w
provide);
5.4.12. remain in effect at least until final.. payment
and at all times thereafter when CONTRACTOR'ma
be correcting. removing or replacing aefeclne 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 paymtcnt (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 msuranec at final
payment and one year thereafter),
OIVAFR's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under pamgmph5.4,.OWNIii, at
OWNER's opuon,. may purchase and maintain at
OWNIIYs expense OWN M. 's own liability insaurance as
will protect OWNER against claims which may arise from
operations under the,Comract Documents
Pmperry la wrmnce:
5:6-1lnia-O}wrwise-provided4n-Fire-Supplemenmry
the We& fit the Site in the RMOUPA
Gomlitions-t3WlsR"iR-sltaR-purct�se-end-maintain
of-the-ftin -repinwrnent-cost-thereof-(sut+jeet-to-such
tleJuctibla-umounds-as-may-ba-provirkrl-in-tlna
Supplementary--C-onlitions-or-rerryircd-by-L-awa-ems
Regulations).-T#nia insumlle
5-."—ineiude—the—interests—of—OWNER;
n44NT AGTQR; Subs-waGu s, P1891$EFs
entttas-ideaFtfad' miha-,Supplementary-6�nddions:
each oFwhon-is deenmilio hart rr4nsurableintertst
airds}adl-be4i9ad�nsari-visored or-additional-irpsraad;
§.b.2--be-written-mn-Buildes•s-Risk=all-risk= er
. .Ln�1.✓..i a. _ r.._ _ ' (
91F. that
rit
-1.34 at least
^ i
cad-Wodt-vt-Us .
®'
mwerege-tlreA-vurdulisnr-end-mo4icious-mitcAief-
�M
�VE(tlr—dll
r.3-imlude- pensea-imurred-ir the -repair -a
roplaoemmt-ofany-iilsurad Property-(vwludi-but-na
architects} --
er-et-enWMe!-bmlion-iMF-was-egeedio-in�vritingby
'provided-tbat-such-meteFlalr. nn�equiwera-hevo-been
ineliriedti
�,v£Pl6Ln:E�erd
e 4�s-,-be�intained-in-elrest--tmtil-final-permeid-is
rdada-Imlzre-otherwise-egeed�o-in--wntmg-by
GMEM Z=-=gRAGTOR GEg56R-w.4h
deiii/- :.sitten , eh-e-hor -addition4
utstiied-t
issued:
59. OWNER shill not be mq�onsible for purchtsing
and maintaining any property inswanec to protect the
int&esffs of CONTRACTOR- Subcontractors or others in
-5a 0.—(f-GONfR>4GTOR-roquests-in-writing-Ihet-dher
l pas
ude
'the, gel-wdW.-J --A .- 0. rFPAGTGR;.4 appropriate
C-hange--Or.: tlr•._ �4'i�a
FJcoc(3m4uAL coMA7tOt1 mos(1990 Elfitim)
10 d(3TY of FORT cmum mo meATIONS(REV42000)
wmmaileemm6of�he-WurkeHho-eite; OWN�dwll-in
writing..4:.L... 99\1TD L(`Tl1D .. latheF ... mash e-.A.—
ipz
—. es all
against—GON RACTOR—Subwntlactom
dTtaars.-direclor3reniployeesarcl�gems-of-ergo€
th 46vil
3�-1.2r1—less due to z�a.a apl:-- ----
oFusa-or-otltLs-corctquemieHondmg
beyond-direct-physical-loss-or-domaga-co
erisirtgout-o&a-rawlting�iom-&reor-oilier-peri4,
what}w,r -Iwt- mffvd by-OWNGR;-ewd
omsequeatiBHe�i.a--vomer`+=.:i11-Ievv-.ro�,B..Tz+.
n
U
•
0
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the
amount stated in the Invitation to Bid. The required security must be in the form of a
certified or bank cashier's check payable to OWNER or a Bid Bond on the form
enclosed herewith. The Bid Bond must be executed by a surety meeting the
requirements of the General Conditions for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within 15 days of the Notice of
Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes to have
reasonable chance receiving the award may be retained by OWNER until the earlier
of the seventh day after the effective date of the Agreement or the thirty-first day
after the Bid Opening, whereupon Bid Security furnished by such Bidders will be
returned. Bid Security with Bids which are not competitive will be returned within
seven days after the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be substantially
complete and also completed and ready for Final Payment (the Contract Times) are set
forth in the Agreement.
• 8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective date of the
Agreement". The procedure for submittal of any such application by CONTRACTOR and
consideration by Engineer is set forth in the General Conditions which may be
supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors he proposes to use in the Work. Refer to Section 00430 contained
within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
•
0
RD T Trecovery-against-any—of-GONTRA6s and e thaeetors;
Tfl�T.TAl/�TAiRTD .. I�.- :,.1amiA
4glDFILS Of May 09-IMER.
Receipt andAppGmtim of1sourance Proceeds
5:12. Any insured loss under the policiesofinsurance
required: by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as they 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 rmch. If no other special agreement is reached the
damaged Work shal I be rcpaGed m replaced, the moneys so
received apt5,d on account thereof and the Work and the
rest thereof ciwered by an apfaopriate 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 lees to OWNER's exeacm of this
powa. If such objection, be made, OWNER as fiduciary
shall rocks settlement with the insurers in accordance with
'such agreement, as the parties in interest may reach If no
such agreemcni among the parties in interest is�rmchcd,.
099���
ttle the loss withive—herd--fer�-rhe
Acceptance ofBondv and Insurance; Option to Replace..
5.14. If
OWNER has any objection to the coverage affodod by or
-other provisions of theBoncls-or insurance required to be
purchased and maintained by the Aff pant
.CONTRACTOR in accordance with Article 5 on the basis
of nomconfanaumce with the Contract Documents. the
Partial UriGWion—Prvperty Insurance.
5.15. If OWNER finds -it necessary lo,occupy or use a
potion or portions of the Wort: prior to Substantial
E)CDCGOAMU CONDITIONS 191" 099a Edum)
wt CITY OF FORT COLLA its MODIFICATIONS MV 9120m)
Completion of all the Work, such rue or occupancy'may
be accomplished in accordance with peragmph 14.10r,
provided that no such use or occupancy shall commence
btfore the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
charges in coverage necessitated thereby. The insurers
providig the property insurance shall consent by
endorsement on the policy or poficies,.but the property
insurance shall not be cancelled or permitted to tapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and.Superintendence•
6.1. CONIRACTOR- shall :supervise, .inspect and
direct the Work competently and efliciemly, devoting
such attention thereto and applying such skills and
cgxrti% as rimy be necessary to perform the Work in
e accordancwith the Contract Documents:
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
ooaslruction, but CONTRACTOR shall not be responsible
for the negligenceof others in the design or specification
of a specific means, method, technique, sequence a
procedure of construction which is shown or indicated in
and expressly required by the. Contract Documents.
CONTRACTOR .shall he responsible to sec 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 bereplaced without written
notice to, OWNER and ENGINEER except under
estri ordinrary circa mstarnces. 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, DlateriaLs 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 an times maintain
good disci line and order at the site. Excep
t as otherwise
required for the safety o protection of personsor the
Work or property at the site a adjacent .thereto; and
e cept as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
waking hours and CONTRACTOR will not permit
overture work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prim written notice to ENGINEER
CONTRACTOR shall submit requests to the INGRQEER
no less than 48 hours in advance .of env Work to be
Performed on Saturlav Sunday. Holidays or outside the
Regular Working Hours
6A, UNess otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full resporxibility for all materials. equipment, labor,
-transportation, construction equipment and machinery,
tools, appliarixs, fuel. power. light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the fumishing,
perfomnance, testing, start-up and completion of the Work.
64 ] Pwchesinc Reslrictiore' CONTRACTOR
must aumply ivith the Citv's i hasina restrictions. A
ecov of the resolutions are available for review in the
offices of the Purchasina and Risk Monagement
Division or the City Clerk's office.
642 .Cement Restrictions: CiN of Fort Collins
Resolution 91-121 requires that Micrs andyredums
of cement or products containing, cement toccrtify that
the cement was not made in cement kilns that that
hamnious waste as a fuel.
6.5. All materials and equipment .shall be of good
rlity and new, except as otherwise provided in the
tract Documents. All warranties and guarantees
specifically called for by the Specifications shall mpressly
run to the hcnefit of OWNER. U nquired by ENGTNEFR,
CONI'RAC'I'OR 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:
G.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
pamgmph2.9) proposed adjustments in the progress
schedule that will rot change the Comma Tames (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 Contact Times (or Dfilestones)
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. SubsHfutes and "Or -Equal" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents', by
tiring the reme of a proprietary item or the name of a
(articular. Supplier, the specification or description is
intended to establish the type,, function and quality
requited. Unless the specification or description
VCDCGkNFRM. CONDITIONS 1910-9 (1990 Edam)
12 w/ CITY OF FORT MLLI NS MODIFICATIONS(Rb'Va2000)
comars or is followed by words reading tint no like, •
equivalent a "ar-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may' be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. 'Or -Equal". If in ENGINECR's'sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
rro change in related Work will be required, it may
be considered by ENGINEER as an "or al"
item, in which case review -and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance ofproposed substitute items.
6.7.1.2. Subslinde Items: If in ENGINEER's sole
discretion an item of material or equipment
propused by CONTRACTOR does not qualify ss
an "or equal"item under iubpaagraph 6.7.1.1, it
will be considered a proposed subaitute 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 reamed 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 fast make
written application to ENGINEQ2 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 evtent, if arty, 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 arty other
direct contact with OWNER for work m .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 Tee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available mairdanum e, repair and replacement
service will be indicated The application will
also comain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
adesign and claims of other contractors affected
•
r1
U
by the resulting chmige, all of which will be
CONTRACTOR shall perform not less "than 20
considered by ENGINEER in evaluating the
percent of the Work with its own forces (that is
pr sed substitute. ENGINEER may requre
withoul subconlmc[um). The20 nxrcenl reeuiremenl
CO RACTOR to furnish additional data ghoul
shall be understua3 to refer to the Work the value of
the proposed substitute.
which totals not less than 20-percent of the Contract
Price.
6.7.1.3. CONTRACTOR'S Expense: All data to be
provided by CONTRACTOR in suppon.of"any
6.8.2. If -the Supplementaty-Galditions Biddin
proposed "or -equal" or substitute item will be at
Documents- require .the 'identity of certain
CONTRACTOR'stxpense.
Subcontractors, suppliers or other persons or
organizations (including those who are to famish the
6,7-2. Sabanmte ComMec(ion Ateduxis or
,principal items of materials or equipment) to be
Procedures: If a Tecific means, medind, technique,
submitted to OWNER in-advence-of-the^specified
sequence or procedure of construction is shown or
date prior to the Effective Date of the Agreement for
indicated in and expressly required ,by the Contract
acceptance by OWNER and ENGINEER, -end -if
Documents, CONTRAC"I'ORmay furnish or uti lire a
substitute mans, method, lahntjue, sequence or
WER "
procedure of construction acceptable to ENGINEER.
OWNER's or ENGINEER's acccpance (either in
CONTRACTOR.shall submit sufficient information to
writing or by failing to make written objection thereto
'
allow ENGINEER,. in ENGINEER's sole discretion, to
by the date indicated far acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents): a€
that expressly called for by the Contract Documents.
any-srch�u u- -�-^= -- bserarester� Sue� oa,=rM
The procedure for review by, ENGINEER will Ix
,atganr M -, '
similar to that provided in subparagraph 6.7.1.2:
'-•'-_O--^^^-^ble-ebjeaticfxr,al@erdua- igatien,
6.7.3. Engineer's Evaluation: ENGINEER will be
in whisk
eeeepfeble--sub:'o;:o c-t;,rC�rrtracFPriee-wall-be
allowed a reasonable time within which to evaluate
edhtubd-try-t}b-rlifTerenea-irt-the-oast-eoaanieneil.gf
each proposal or submittal made pursuant to
stub-substitution-and-nn-appropriate-Change-Order
paragraphs 6.7.1.2 and 63.2. ENGINEER will be the
.sole judge of acceptability. No "or -equal' or
substitute will he in
constitute a condition of the Contract requiring the
ordered, rolled or utilized without
ENGINEER's prior written acceptance which will be
use of the named s ncontmctors, suppliers or other
rersons or organization on the Work unless prior
evidenced by either.a Change Order or an approved
written approval is obtained front OWNER and
Shop Drawing. OWNER may require
ENGINEER. No acceptance by OWNER or
CONTRACTOR to furnish at C,ONTRACTOR's
ENGINEER of any such Subcontractor, Supplier or
expense a special performance guarantee or other
other person or organization shall constitute a waiver
surety with respect to any "orcqual` or substitute,
of any right of OWNER or ENGINEER to reject
ENGINEER will record time required by
defective Work.
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
6.9.
CONTRACTOR pursuantto paragraphs 6.7.1 2 and
•6.7.2 and in making changes in the Contract
6.9.1, CONTRACTOR shall be fully responstble to
Documents (or in the provisions of any other direct
OWNER and ENGINEER fm all acts and on fissions
contract with OWNER for work on the Project)
of the Subcontractors, Suppliers and other persons
occasioned thereby. Whether or not ENGINEER
and organiaition s performing or furnishing any of the
acceptsa substituleitem'so proposed or submitted by
Work under a direct or indirect, contract with
CONTRACTOR CONTRACTOR shall reimburse
CONTRACTOR just as CONTRACTOR is
OWNER for the charges of ENGINEER and
responsible for CONfRACTOR's own acts and
ENGINEER's Consultants for evaluating each such
omissions. Nothing in the Contract Documents shall
proposed substitute item,
create for the benefit of any such Subcontractor.
Supplier or other person or organization any
6.8. Concerning Subcontractors, Suppliers and
contractual relationship between OWNER or
Others:
ENGINEER and any such Subcontractor. Supplier or
other person or organization, nor shall it create .any
6.8.1. CONTRACTOR shall not employ any
obligation on the pail of OWNER of ENGINEER to
Subcontractor; Supplier or other person or organization
pay or to we to the payment of any moneys due any
,(including those acceptable to OWNER and
such Subcontractor. Supplier or other person or
ENGINEER as indirated'in paragraph 6.8.2), whether
organization except as may otherwise be required by
initially or as a substitute. against whom OWNER or
Laws end Regulations. OWNER m ENGINEERmay
ENGINEER may have reasonable objection.
furnish to env subcontractor supplier or other person
CONTRACTOR shall not be required to employ spy
or oreamzation .evidence of amounts aid to
Subcontractor. Supptier or person or organization
CONI'RAC7'OR in accordance with
to hunish or perform any of the Work against whom
CONTRACTORS "Aeoliations for Pavmcnt"
CONTRACTOR has reasonable objection.
FJCDCOENERAL COI1VITIONS 1910-8 (1990 Edlim)
wr CITY OF FORT COLU S MODIRCATIONS(REV 9/30D0)
11
13
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors. Suppliers and. .other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contrast with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other Mauna and
organizations performing or furnishing any of the
Work to communicate with the T NG1N1SR through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings; limit not control
CONTRACTOR in dwidirg the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work perfommd for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subconuastor m Supplier which specifically binds the
Subairarnclor'or Supplier to the applicable terms and
conditions of the Comma Documents for the bencrit of
Parent Feesaad Rot'aldes.
6.12.. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
pertormance 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 awention, design, process. product or device
is specified in the Contract Documents for use in the
performance of the Work: and if to the nctu it knowledge or
OWNER or ENGINEER its use is subject to patent rights
.or copyrights telling for the payment of any license fee or
royally 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
oRnccrs; drectd's, employees, agents and other consultants
of each and arty of them Gom and against all claims, cosh,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrighs incident to the
use m the performance of the Wort: or Ithing'Gan the
incorporation in the Work of any invention, design.
process, product or device not specified in the Contract
Documents.
EXI)COENERAL CONDITIONS 1910E (1990 EQam)
14 w1(.TTY OF FORT Wt.LINS MODIFICATIONS(Rh'V42000)
Permits
6.13. Unless otherwise provided in the Supplemcnlary
Conditions, CONTRACTOR,shall obtain and pay Cor all
construction permits and licerees. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits .and licenses. CONTRACTOR shall pay all
governmental charges and inspection Cem 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
Fay all charges of utility owners for connections to the
l\tort:, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees
6.14. LansandRegulations.,
6.14.L CONTRACTOR shall give all notices and
comply with all Lars. and Regulations applicable to
furnishug and performance of the Work: Except
where otherwise expressly requirid by applicable
Laws and Regulations; neither OWNER nor
ENGINEER shall be responsible far monitoring
CONTRACIOR'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 Rcgulmiems, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting theretra ' however, it shall
riot 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.
Tales
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
Inca ,des an sere taxes 'on materials to be
p_ermncmlly irmiorporeted into the Ixojmt. Said tales
shall not be Included in the Conrad Price.
Address
"Coludo Department of Reverme
.State Capital Annex
s
•
s
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1375 Shemin r Street
Denver, Colorado_ 80261
Sales and Use Taxes for the .Slate oC Colomdo
R"y �I-I ramooitaio D'strhct fRTDI and certain
Colorado counties are collected by the State of
Colomdo .end ere aaduded in dhe Certifirnuon oC
Exemption.
All eoolimble Sales nrd Usc Taxes (irwludine State
co111 d mxesl, on any items oher than constriction
.and building materials ohysically incormnited imo the
mmi+net are to he mid bv'CONfRACfOR and are to
be included in appropriate bid items
Use ojPremEaes:
6-16. CONTRACTOR shall confine construction
equipment: the storage of materials and equipment and the.
operabore of workers to the site and -land and areas
identified inand permitted by the Contract Documents and
other land and areas permitted by Lawi and Regulations,
rights -of -way, permits and casements, and shall not
mtteasonably encumber the premises with construction
oquip ment . a other materials ar equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or aim, 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 Drat law.CONTRACTOR shall, to the fullest
extent Permitted by Laws and Rmuhations. indcmnifv and
Coraultant and anyone directly or indirectly employed by
.any of themfrom .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
cowpam 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.
shallkeep the premises Gee from accumulations of waste
materials, rubbish and other debris resulting fiom 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, thppliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shallleave.the site clean and
ready for - occupanq, by OWNER at Subslantial
Completion of the Word:. CONTRACTOR shall restore to
original condition all property net desigmted for alteration
by the Contract Documents,
6.18. CONTRACTOR shall not load nor permit any par
of any structure to be loaded in any manner. that will
endanger lhe'struclure, rase shall CONTRACTOR subject
any part of the Work ix adjacent property to'strss'o.
pressures that will endanger'it
Record Uaeuments:
wmcoENERALCOtdD17 m19io-s(im Edlitol
%1=Y OF FORT ommP s MODIFICATIONS MV 4n Wes)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments. Change Orders; Work
Change D'veclives, Field Orders and written
interpretations end clarifications (issued -pursuant to
pomgmphh 9.4) in good order and annotated to show all
changes made during, constriction 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.
Mferp and Prarection:
6.20. CONTRACTOR slmll be, responsible for
initiating, maintaining .and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary prommions for
the safety oC and shall provide the necessary protection to
prevent damage, injury or loss in:
6.20.1.. nil 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 thereon,
including trees, shrubs, pawns, 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
safely of persons or property or to protect them Gan
damage; injury or loss; and shall erect and maintain all
necessary safeguards for such 'safety and protection.
CONTRACTOR shall notify owners of.edjacent property
and of Underground Fncitities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with diem in the protection, removal, relocation
and replacement of thien,prupery. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 mused. directly or indirectly, in whole or in part, by
other person or organisation directly . �' indirectly
employed by any of them to perform or famish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omisscm of OWNER or ENGINEER or
ENGINEER's Consulmm or anyone employed by any of
them *o'r anyone for whose acts any of them maybe 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),
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise a pressly provided in connection with
Substantial Completion).
6.21. Safety Represenmeve:
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 safely prccautions and
programs
Hazard Connmanicarion Programs:
6.22. CONTRACTOR shall be respra Bible for
coordamting any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
eotploycrs at the site in accordance with taws or
Regulations.
Finergencies:
6.23. In emergencies affecting the safety or promotion of
persons or the Work or property at the site or adjacent _
thereto, CONTRACTOR without special instruction a
xuthorirntion 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 i or Change Order will be ssued to document the
consequences of such action
6.24. Shop DrarvingsandSamptes:
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,
dimeresimu, 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
pamgmph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in aocordarez
with mid accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
dearly as,such
to material, Supplier, pertinent data as.
catalog numbers and the use, for which inicn&d and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
E1CUC(hNFRAI. CONDI-fibM 19105(1990 Edtim)
16 wr C1TYOFFORTCC)WMMODIRCATIONSt1tEV4R000)
purposes required by paragraph 626. The numbers
of each Sample to be submitted willbe as specified in
the Specifications.
6.25. Suhmiaaf Procerbrres:
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,
6.25.12. all materials with respect to intended
use, fabrication, ship7,ng, handling, smmge,
assembly arnd installation pa1ainang to the
performance of the Work, and
6.25:1.3. all information relative m
COMRACfOR's sole.res,xonsibihties 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 Wort: 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 Commit
Documents with respect to CONTRACI'OR'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
sulmitLaL anal, in additia . 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.
626_ ENGINEER will review and approve Shop
Drawiigs 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 Wort:, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
furictianirg whole as indicated .by the Contract
Documents ENGINEER's review and approval will not
extend to meatis, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
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us su
i the
and expressly called for the
safety prewutm_ or programs
:w and eooroval of a senamte
i by ENGINEER and shall return the
corrected copies of Shop Drawings and
new Samples for review and approval.
mll direct specific attention in writing to
tan the corrections called for by
vams submittals.
627. RNGINEhR's review and approval of Sho'
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any.vnriation from the requirements
of the Contract Documens unless CONTRACTOR has in
writing called ENGIhrEER'sattention to each such
variation at the time of submission as required by
pmagmph 6.25.3 and ENGINEER has given '.written
approval of each .such variation by a specific :written.
notation thereof incorporatedina accompanying the Shop
Drawing or'Sample approval; nor will any approval by
ENCINRER relieve CONTRACTOR from responsibility
for complying with the requirements of paragmph 6.25.1.
6.28, Where a Shop Drawing or Samplo is required by
the Contract Documents: or the schedule of Shop Drawing:
and Sample submissions accepted by ENGINEER as
required by pimgmph2.9, 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
Cantinuingthe 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 pamgmph 15.5 or as.
OWNER and CONTRACTOR may otherwise agree in
writing.
-630. CONTRA.CTOR's, Genera£ 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 depctive.
CONTRACTOR'S warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abase, modification or .improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or.Suppliers; or
6.30.1.2. normal wear aml tear antler normal
usage.
6.302. CONTRACTOR's obligation to perform and
complete the Work in accordan ec with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
E1CDC OLN6'RAL CONDITIONS 19105 (1 M Edlim)
wdary OF FORT COLLINS MODHiCAMNS MEV 42M))
0
accordance with the Contract Documents or,o release
of CONTRACTOR's'obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Doctmcnts;
630.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5, any.aceeptance by "OWNER or any
failure to do so:.
6.30.2.6. any review and approval of a Shop
[hawing or Sample submittal or the issuance of a
,noticeof 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:
Indmwifinombon:
631, 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
orarbitration 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 actor omission of CONTRACTOR; any
Subcontractor, any Supplier, my 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 maybe liable, regardless of whether or not caused
in pan by any negligence or omission of a person or entiry
or whether liability is
party by Laws and Re
6.32:. In •any and all claims against OWNEIZ or
ENGINEER or any of their respective consuhants, agents:
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR any Subcontractor, uny.Supplier, any
person or organiztion directly or indirectly employed by
17
my of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR m. any such Subcontractor, Supplier or
other person or organization under workers' compensation
nets, disability benefit acts or other employee benefit Otis.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shell not extend to
the liability of ENGINEER and ENGINEER's Consultmms,
officers, directors, employees or agents mused by the
professional negligence, errors or omissions of any of them.
,Wniiul ofObligafia=
6.34, All representations, indemnifications, warranties
and guarantees mode in. required by or given in accordance
with the Contract Documents, as well as all oontinuin�
obligations indicated in the Contract Documents, wit
survive final payment; completion and acceptanceof the
Wark 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 OWNERS own force% or lei other
.direct contracts thaefor which shall certain 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) , tien notice thereof will be given to CONTRACTOR
prior, to stoning any such other work and
(u)CONTRACTOR may make a claim 'therefor a$
provided in Articles I l and 12 ifCONTRACTOR 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 (.rod OWNER, if OWNER is performing the
additional work with OWNERS 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 Ducumenm, CONTRACTOR
shall do all eultirg, Fitting and patching of the Work that
may be required to mako its several parts come together
property and integrate with such other work.
CONTRACTOR shall act endanger any work of others by
cutting, excavating or otherwise altering their work and
win only cut or alter their work with the written consent of
ENGINEER and die others whose work will be affected.
The duties and r bilitics of CONTRACTOR underthis paragraph are or die benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDCGE 43LAL CONDMOM 1910-9 (1990 Edition)
18 wJ CITY OF FORT COLLI M MODIFICATIONS (REV 412000)
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 fart of
C.ONTRACIOR's Work depends upon work performed
by others underthis Article 7, CONTRACTORS shall
inspect such other work and proniptly report to
ENGINEER in writing any delay% 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
consimte an acceptance of such other work as fit and
proper, for integration with CONTRACTOR's Work
except for Istent or nonapparent defects and deficiencies
in such otha 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:
74.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
74:2. the specific matters tobe 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
Conditorm OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE S—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 rase of termination of the employment of
ENGINEER. OWNER shall nppoinl an eagweer egyiinsl
whem-GOPFTRAC—T-0R—makes- reel mte-objactioN
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 OWNEWs identifying
and making available to CONTRACTOR copiesof
reports of explorations and tests ofsubsurface conditions
at the site and drawings of physical conditions in existing
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
foNriiiparagephs S:Sthrotigii3:10:.
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, testa and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, we pimgmPPFis.13,10 and 13.1.
Paragraph 152 deals wdh OW Ws not to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, director have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or'thcsafety precautions and
programs incident thereto, o for any failure of
CONI'RAGfOR to comply with Laws arid Regulations
applicable to the furnishing or performance of ilia Work.
OWNER will not be responsible for CON7'RACTOR's
failure to pirfmn or furnish the Wok in accordance with
the Contract Documents.
ga--gym=glared
a in
--ragraph.4.5.
netel
nrrnngemams—kmue-6ezn made—to-satisfy--OWNES2's:
responsibility-inn-respeoi-thereof-wit-ba-es�sei-feah-ai-the
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ARTICLE 9—ENGI1NEFR'S STATUS DURING
CONSTRUCTCON
OIFNER'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 emended without written consent of OWNER
and ENGINEER
Kits to Site:
9.2. ENGINEER will make visits to the site at intervals
apppxrooppnnate to. the various, stages of constructionas
ENGEJEER deems necessary in order to observe as an
experienced and qualified design professional the progress
E)C1)C OENERAL COMITION51910 8 (1990 Edthn)
wiaTY OF FORT COLLINS MOOIRCATION3(REV 4RM)
that has been made and the quahty.of the various aspects
of CONTRACTOR's executed Work.. Based on
information obtained during such visits and observaticns.
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is.,proccoding in
accordance with the Contract Documents ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis oCsuch visits and on -
site observations, ENGINEER will keep OWNER
informed of the progess of the Work and will endeavor to
guard OWNER against defective Work. ENGMFR's
visits and on -site observations are subject to all the
limitatioris 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 onsite
visits or observations of 'CONfRACTOWs 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
enm(il}} with Laws and Regulations .applicable to the
famishing or performance of the Work.
Proect Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in orovidina more continuous observation of
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs9:3 and 9.13 MA i.at the—Swpplamente9`
Conditions of these General Conditions. If OWNER
designates mother representative or agent to represent
OWNER at the site who is not ENGINEERs Coreultam,
agent or employee, the responsibilities and authority and
limitations thereon of such other versos will be as
9.3. L The Representative's dcalinnhes in matters
nenaininu to the on -site work wiIL in general be with
Me 12SGINEER and CONTRACTOR But. the
Representative will keep the OWNERlyroperjy
advised about such mattersThe Rerresentafive's
Malmas-with subcontractors will only be through or
with the full knowledge end eppioval oC the
CONTRACTOR
932 Duties and Resp2asibilitim Representative
will:
9.3.21 Schedules - Review the r(�igress
19,
20
sch'edule,land other schedules prepared by the
CONTRACTOR and conwlt with the
ENGINEER concanim acceptability.
9 3 2 2 .Conferences and Meeting - Allend
meeting with the CONTRACTOR such as
preconstruclion conferences._ o ess meetings
Rod other job conferences .and prepare and
circulate conies ofminules ofineetir�
9.3.2.3.Liaison
9.3.2.3.1. Serve as ENGINEER'S linison
with CONTRACTOR working ra ncipally
through CONTRACTORS sunerjntendent to
assist the CONTRACTOR in urderstindim
the Contract Documents.
9 3 1 3 Ass st in obtaining from OWNER
additional details or informatim when
re�C uiretl Cr yrocer execution of the Work.
93233 Advise the NTIGINEFR and
CONTRACTOR of the commencement oT
nv Wod: rcquirI a Shop Drawing or
mnl suhrt n if 1h submission has not
Ivan, approved by the NNUINEER
9.32.4 Review o W A._ReJStip I>� cf 'e
Work Inspections and Tests -
9.3.2A.1. Conduct on -site observations of
the Work i woeress 0 mist the ENGINEER
in determining that the Work is Moeeeding jn
accudanm with Ito Contract Documcros.
9_3.2.4.3. Accompany vjsiu m jncclols
remesentine public or other agencies hav cep
TIMn over the Project, record the results
thitsoectjom and report to the
ENGINEER
9.3.25. Interpretation of Contract
Documems Report to ENGINEER when
clarifications and interpretations of the Cmtmcl
Documents are needed and tranvnit to
CONTRACTOR clarification end urterpretation
of the Contract Documents as c erl by the
ENGINEER.
9.3.2.6. Modifications. Consider and
evaluate -CONTRACTORS suggestions for
EICDC(3DdEM CONDI-nbM I9105 (IM E&rim)
w/ CITY OF FORT COW m MODIFICATIONS OdV 4f2UM
modification in Drawings or Specilications and
reuort these recommendations In. ENGINEER
Amastely Irmrsmit to CONTRACTOR
decisions isared by the ENGINEER
9.3.2.7. Records.
9 3 2 8 Reports
Q„ 2 81 Tumish ENGINEER wriodic
rpports asrequired of the progress of the
Work and of the CONTRACTOR'S
mtMliance with the n=m schedule ancl
schedule of shop Dmwutg and samole
wbmittals
9 3 2 S 2 Conwlt with ENGINEER jn
advance of scheduling major tests,
insnemions orstart of important Phases of the
Work.
93283 Umft proposed Change Orders
and Work DjLmtwe Changes. obtammg
backup material frpm the CONTRACTOR
.and recommend to L•NGINEER Change
OrdersWork Directive Changes and field
orders
9328.4 Revert immediately to
ENGINEER and OWNER the occurrmcc 01
any aaident.
9.3.2.9. Payment Requests Review so l�ications
for mmrcnt with CONTRACTORfor compliance
with the established �orocedure for thew
submission and forward with recommendation to
U