HomeMy WebLinkAbout132292 MUSCO SPORTS LIGHTING LLC - CONTRACT - RFP - 7657 ATHLETIC FIELD LIGHTINGCity Of
Fort Collins
Purchasing
SPECIFICATIONS
.\D
Financial Services
Purchasing Division
215 N. Mown St. 2" Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgar.com/purchasing
CONTRACT DOCUMENTS
FOR
WORK ORDER 2
7657 ATHLETIC FIELD LIGHTING
PURCHASING DIVISION
216 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
SECTION 00530
NOTICE TO PROCEED
Description of Work: Work Order 2 under 7657 Athletic Field Lighting
To: Musco Sports Lighting LLC
This notice is to advise you:
That the contract covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been received
by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and
directed to proceed within calendar days from receipt of this notice as
required by the Work Order Agreement.
Dated this day of 20_.
The dates for Substantial Completion and Final Acceptance shall be 20_and _
20_, respectively.
City of Fort Collins
OWNER
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this _day of
, 20_
CONTRACTOR: Musco Sports Lighting LLC
By:
Title:
Notes
Quote is based on:
• Shipment of entire project together to one location
• Field size of (90'33373757333) for Baseball
• 480 Volt, 3 Phase electrical system requirement
• Structural code and wind speed = 2009 IBC, V=100 MPH and 2012 IBC V=130 MPH.
Confirmation of pole locations prior to production
Thank you for considering Musco for your sports lighting needs. Please contact me with any questions.
Richard Wadlow
Musco Feld Sales Rep Colorado
720/393-9412
Musco Sports Lighting, LLC 2009, 2013 i 10-1290-eenllS-5
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
No Text
SECTION 00610
PERFORMANCE BOND
Bond No. 106161455
KNOW ALL MEN BY THESE PRESENTS: that
Musco Sports Lighting LLC
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and
Travelers Casualty and Surety Company of America
(Firm) One Tower Square, 2SHS
(Address) Hartford, CT 06183
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 Thirty Seven Thousand Five Hundred Dollars
($237,500)) 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 Work Order Agreement with the OWNER, dated the 19th day of December, 2014, a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, Work Order 2 under 7657 Athletic Field Lighting.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Work Order 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 Work Order 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 Work Order
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 Work Order 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.
No Text
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of
which shall be deemed an original, this 8th day of January 2015.
'SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF
IN P S OF: Principal
cMus�co Sports Lighting, LLC
SI° c rc to r v \, LtJ/,
(Title) — e V�Ge �resiGLen�
(Corporate Seal)
IN PRESENCE OF:
(Surety Seal)
2107 Stewart Road, Muscatine, IA 52761
(Address)
Other Partners
Surety T elers Cas ety Company of America
By:
De6nTA. Clark, Attorney -in -Fact
300 Walnut Street, Suite 200, Des Moines, IA 50309
(Address)
NOTE: Date of Bond must not be prior to date of Work Order Agreement. If
CONTRACTOR is Partnership, all partners should execute Bond.
Im
SECTION 00615
PAYMENT BOND
Bond No. 106161455
KNOW ALL MEN BY THESE PRESENTS: that
Musco Sports Lighting LLC
(address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and
(Firm) Travelers Casualty and Surety Company of America
(Address) One Tower Square, 2SHS
Hartford, CT 06183
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 Thirty Seven Thousand Five Hundred
Dollars ($237.500) 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 Work Order Agreement with the OWNER, dated the 19th day of December, 2014, a
copy of which is hereto attached and made a part hereof for the performance of The City of Fort
Collins Project, Work Order 2 under 7657 Athletic Field Lighting.
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 Work Order 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 Work Order
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 Work Order 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.
No Text
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 8th day of January 2015
'SEE LIMITED MAINTENANCE PROVISION RIDER ATTACHED HERETO AND MADE A PART HEREOF
IN PRE N OF: Principal
cc v Y Musco Sporis Lighting, LLLC
Y- bi,
(Title) �— (Tit V/GG PrC'5icPer�t
(Corporate Seal) 2107 Stewart Road, Muscatine, IA 52761
(Address)
IN PRESENCE OF: Other Partners
IN PRESENCEO Surety Trav ers Casual and l C any of America
Y
Dean M. Clark, Attorney -in -Fact
300 Walnut Street, Suite 200, Des Moines, IA 50309
Maw, o I (Address)
(Surety Se
NOTE: Date of Bond must not be prior to date of Work Order Agreement. If
CONTRACTOR is Partnership, all partners should execute Bond.
P.
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
CONTRACT DOCUMENTS
00500
Work Order Agreement Forms
00500-1
00510
Notice of Award
00510-0
00520
Work Order 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
No Text
Limited Maintenance Provision
Rider
To be attached to and form part of bond no 106161455 issued by the Travelers Casualty and Surety
Company of America on behalf of Musco Sports Lighting LLC in the amount Two Hundred
Thirty Seven Thousand Five Hundred and 00/100's ($237,500.00) and dated January 8, 2015 in favor of
City of Fort Collins for The City of Fort Collins Project, Work Order 2 under 7657 Athletic Field
Lighting Edora Park Baseball, Project No. 171722
Principal and Surety shall guarantee that the work will be free of defective materials and workmanship for a
period of Twelve (12) months following completion of the contract. Any additional warranty or guarantee
whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no
liability for such a guarantee.
Musco Sports Lighting LLC
By:
Traveley of America
By:
Dean M. Clark, Attomey-in-Fact
No Text
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AdW POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company
St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company
Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company
United Slates Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 226890
Certificate No. 006107923
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the Slate of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Dean M. Clark, Diane M. Vanderpool. Sandra K. Bell, Stanley J. Reynolds. John F. Pray Jr. (Jack), and James Edgar Williamson
of the City of Des Moines , State of Iowa , their true and lawful Attorney(s)-in-Pact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their, business of, guaranteei ng the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required orprmittedtin aniy�aenons r-proccedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this rostrum ne t '1 to'be Signed nd their corporate seals to be hereto affixed, this I sl
day of October 2014 ,
�
Farmington Casually Compny' -, w
Fidelity and Guaranty�lnsurance Company,.o
Fidelity and Guaranty Insur nce Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
y kC1F' A J�O^
6 n W ifD �rta� on�r�:� w::co°,ronArF:n As
reel o 1951 �seat+o . i
e " 9�`%SEJL coan. ro
State of Connecticut
City of Hartford ss.
By:
Robert L. liauey, euior Vice President
On this the I st day of October 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casually and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p.TQ
In Witness Whereof, I hereunto set my hand and official seal. �
My Commission expires the 30th day of June, 2016. P RIBUG #
�s
`cn&Auk C. t.�
Marie C. Tetreault, Notary Public
58440-8-12 Printed in U.S.A.
THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Artomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Atlomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to it written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Unned'States Fidelity �\ eliy;and Guaranty Company do hereby certify that the above and foregoing
is a [me and correct copy of the Power of Attorney executed by said Companies, which is rmfull force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of sd�Comparties this day of t Gl n tL Q 20 �<
Kevin E. Hughes, Assistant Sec Lary
GOES
® A,lapixe...xr\+rG�f,P ap
S. (Diz
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com, Please refer to the Attomey-In-Fact number, the
above -named individuals and the details of the bond to which the power is attached.
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
No Text
CERTIFICATE OF LIABILITY INSURANCE
DATEIMMIDDI
01/0YYY)
l/05/2012015
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 1-800-247-7756
Holmes Murphy & Assoc - NDM
CONTACT
NAME:
PHONE FAX
INC. No. liall NC No:
EMAIL
ADDRESS:
PO Box 9207
INSURERS AFFORDING COVERAGE
NAICs
Dee Moines, IA 50306-9207 -
INSURER A: EMPLOYERS MOT CAS CO A XII
21415
INSURED
INSURER B: STARR IND 8 LIAB CO A XIV c/o RT Species
89318
Musco Sports Lighting, LLC
Attn: Carrie Ferguson
INSURER C:
INSURER D:
P O Box 808
INSURERE:
Oskaloosa, IA 52577
INSURER F :
COVERAGES CERTIFICATE NUMBER: 42672755 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
ADDL
SUBR
POLICY NUMBER
POLICY EFF
fMMfODfYYYrt
POLICY EXP
MMIDDIYYYY
LIMITS
A
GENERAL LIABILITY
2D5362515
07/01/1
07/01/15
EACH OCCURRENCE
E1, 000, 000
% COMMERCIAL GENERAL LIABILITY
AMA ET RENT D
PREMISES Ea occurrence
$ 300,000
CLAIMS -MADE rx I OCCUR
MED EXP (Any one person)
$ 15, 000
PERSONAL &ADV INJURY
$1, 000, 000
X Contractual Liability
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS -COMI AGG
XPRO-% LOG
A
AUTOMOBILE
LIABILITY
2E5362515
07/01/1
07/01/15
OMBBINEDISINGLE LIMIT
X
BODILY INJURY(Per person)
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per aoadant
)X
W$2,000,000POLICY
PROPERTY DAMAGE
P r 'dentB
HIRED AUTOS X NON -OWNED
AUTOS
UMBRELLA LIAB
X
OCCUR
1000010616
07/01/1
07/01/15
EACH OCCURRENCE
X
AGGREGATE
$ 1,000,000
EXCESS LAB
CLAIMS -MADE
DED RETENTIONS
$
A
A
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYFR
ANY PROPRIETORIPARTNERIEXECUrIVE YIN
OFFICERry In HIRE%CLUDED4
(f
NIA
2PS362515 (Florida)
2M5362515 (Now Jersey).
225362515(All Other Stat
07/01/1
07/01/1
sb7 01 1
/ /
07/01/15
07/01/15
07/01/15
X WCSTATU- OTH-
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYE
$500, 000
A
Wa. doryln and
DESCRIPTION OF OPERATIONS UeIov,
DESCRIPTION
2S5362515(Non Ded States
07/01/1
07/01/15
E.L. DISEASE - POLICY LIMIT
$ 500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is required)
Re: Musco Project 171722 - Edora Park Baseball Large Field
City of Fort Collins is included as an Additional Insured on the General Liability for work performed by
the Named Insured when required by written contract or agreement. City of Fort Collins is included as
an Additional Insured on the Automobile Liability when required by written contract or agreement.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Fort Collins THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
413 South Bryan Ave. AUTHORIZED REPRESENTATIVE
Fort Collins, CO 80521 0!�`' II,�• _—
i USA
01988-2010 ACORD CORPORATION. All rights reserve
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
eeteinbachwdsm
42672755
No Text
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS (OWNER)
DATE OF SUBSTANTIAL COMPLETION:
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
PROJECT TITLE: Work Order 2
under 7657 Athletic Field Lighting_
LOCATION: Fort Collins, Colorado
OWNER: City of Fort Collins
CONTRACTOR: Musco Sports Lighting LLC
CONTRACT DATE: December 19, 2015
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
DA
REMARKS:
AUTHORIZED REPRESENTATIVE
SECTION 00500
WORK ORDER AGREEMENT FORMS
00510 Notice of Award
00520 Work Order Agreement
00530 Notice to Proceed
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
120
TO: Musco Sports Lighting LLC
Gentlemen:
You are hereby notified that on the day of 20 , the City of
Fort Collins, Colorado, has accepted the Work completed by Musco Sports Lighting LLC for the
City of Fort Collins project, Work Order 2 under 7657 Athletic Field Lighting.
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
December 19, 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:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: Musco Sports Lighting LLC (CONTRACTOR)
PROJECT: Work Order 2 under 7657 Athletic Field Lighting
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.
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.
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.
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: MUSCO SPORTS LIGHTING
LLC
0
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of 20_,
by
Witness my hand and official seal.
Notary Public
My Commission Expires:
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: Musco Sports Lighting LLC
PROJECT: Work Order 2 under 7657 Athletic Field Lighting
CONTRACT DATE: December 19, 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)
0
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
'0
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
RegistretioNAccount No. (to be assigned by MR)
Period
0170-750 (999) $0.00
89 -
CONTRACTOR INFORMATION
Trade name/ DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employers Idenfdicatlon Number:
Bid amount for your contract:
$
Fax Numbec
Business lelepbone number:
Colorado withholding lax account number.
Copies of contract or agreement pages (1) identifying the contracting parties
EXEMPTION IN FORMATION and (2) containing signatures of contracting parties must be attached.
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County fes) where project is located)
Scheduled Month Day Year Estimated Month Day Year
construction start date: completion date:
I declare under penalty of perjury in the second degree that the statements made in this application are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer.
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
Special Notice
Contractors who have completed this application in the past, please note the following changes
in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only
prime contractors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor's name and address and
signing it.
The original Certificate should always be retained by the prime contractor. Copies of all
Certificates that the prime contractor issued to subcontractors should be kept at the prime
contractor's place of business for a minimum of three years and be available for inspection in
the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For
instance, if you were assigned 89-12345-0001, every application submitted thereafter should
contain 89-12345 on the application. The succeeding numbers will be issued by the
Department of Revenue. DO NOT enter what you believe to be the next in sequence as this
may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have, been developed byusing the
:STANDARD GENERAL CONDITIONS OF THE. CONSTRUCTION
CONTRACT prepared by the Engineers Joint ContractDocuments
Committee, EJCDCNo. 1910-8. (1990 Edition), ass base. Changes to
that document are show by underlining text that has.been added and
,striking through text that has been deleted.
EJCDC GENERAL. CONDITIONS 1910-5 (1990:EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99.)
Article: or Paragraph
Number &Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
,Page Article or Paragraph
Number .Number & Title
DEFINITIONS ,,,;,.,,
l
IA
Addenda,, .:..:.......:_ -. _-_1
...............: ........
.......
1.2
Agreement ...
. 1
1.3
Application for Payment._._ .
._ 1
IA
Asbestos...... .._..
_... 1,
IS
Bid ..:.::..:... ........: - .:.._.1....1
1.6,
Bidding Documents....... ._. . ...._....I
L7
Bidding Requirements;;: ........
1.8.
Bonds,..........._................._................1
1.9
Change'.Order..... _..._. _.............._.......1
L10
Contract Documents ..............................
1
1.11
Contract Price
9
L12
Contract Times ........:. ........1
1.13
CONTRACTOR,;:_.,...... ...................
1.14
defective...._........_ ..................
1.15
Drawings............................................I
1..16
Effective Date of the Agreement.........
_1
1' 17
ENGINEER'..
1.18
ENGINEER'S Consultant.. .......
1
1.19
Field Order .
..............:.:..:::....................
.. 1
120
General Requirements .........
:2
L21
Hazardous Waste
,2
1:22A
Laws and Regulations; Laws or
Regulations ........:2
1:22.b
Legal Holidays ._... ._....
...2
1.23
Liens. __-__ _. . _
2
1.24
Miles[one............................................2
1.25
Notice of -Award ..................................
2
1`26
Notice to Proceed
2
1.27
OWNER...... - .......2
1 28
Partial Utilization
2
1.29
PCBs:::..:,.-...::::.:
_. .._2
1.30
Petroleum...........................................2
1.31
Project., .... ___ .... ................ ...............
2
1.32.a
Radioactive Material
2
1'32.6
RegularWoiktng Hours.._
3
133
Resident Project Representative
,,, 2
1.34
Samples.:.::._
L35
Shop Drawings ...................................2
1.36
Specifications._ ................. _._.. _......_:2
Ln
Subcontractor .......................................
2
1:38
Substantial Complefioq _......._...2
1.39
Supplementary Conditions .....
2.
1.40
Supplier..-....._ ...:.::.::..... ..: .. .- .::,:.::.,.,:.2
1.41
Underground Facilities,_._._._._._...,....
2-3
1.42
Unit Price Work -
...................................
3
1:43
Work... ...............................................
1.44
WorkChangeDirective .......................3
L45
Written Amendment
3
Page
Number
PRELIMINARY MATTERS, _.,,.,,,,_.-
2.1
Delivery of Bonds ,,.;_,_.............. _,._3
2.2
Copies of Documents........................3
2:3
Commencement of Contract
Times; Notice to"Proceed................
2.4
StartingtheWork .............................
_25-2.7
Before,Starting Construction;
CONTRACTORS Responsibility
to Report; Preliminary Scheddes;
Delivery of Certificates of
Insurance
3-4
28
Reconstruction Conference,....,_.__..4
2.9
Initially Acceptable Schedules ..........4
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE .............................._.........
4
r3.1-3.2
Intent
4
3.3
Reference to Standards and,Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies .......................... ....._...
4-5
3.4
Intent of Certain.Termsor
Adjectives .....................................
5.
3.5
Amending Contract Docun ents.......
_5
3.6
Supplementing Contract
Documents
5
3.7
Reuse.of Documents .........................5
4: AVAILABILITY OF LANDS;
SUBSURFACE
AND PHYSICAL CONDITIONS;
REFERENCE POINTS....... _..._....._... _...............5
4.1
Availability of Lands... ...
5-6
4.2
Subsurfaceand Physical
Conditions....__.__._.._. _._..........6
42.1
Reports and Drawings_. ..................6
4.2.2,
Limited Reliance by CONI'RAC-
TOR Authorized; Technical
.Data ... .:_. ..:..:;. :,.:...:6
4.2.3
Notice of Differing Subsurface
or Physical Conditions...................6
4.2.4
ENGINEER'S Review ........................
6
4.2.5
Pass ible.Contract Documents
Change., ................. .........6
4.2.6
Possible Price and Times
Adjustments_... _.........._....... ...
(2-7
A.3
Physical Conditions --Underground-
Facilities, ................ .....................
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown_ or Indicate................ ....
7
4.4
Reference Points..,.,-,7
E1CDC GENERAL, CONDITIONS 1910-8 (1990 EDITION)
w/ aTY:OF FORT COLONS MODIFICATIONS (REV.9/99)
Article or Paragraph Page Article'or,Paragraph Page
Number:&Title Number .Number &Title .Number
4.5 Asbestos, PCBs, Petroleums,
:Hazardous Waste or
Radioactive Material 7-8
.....................
BONDS AND INSURANCE ._ ....._..
........ 8
,5,1-52
Performance, Payment and Other
Bonds
8
.5.3
.Licensed Sureties and Insurers;
Certificates of Insurance.._._..__.,..._...
8
,5.4
CONTRACTOR's Liability
Insurance .......,.. .........
9
5.5
'OWNER s Liabihty Insurance....
9
5.6
Property Insurance
,9-10
5:7
Boiler and Machinery or Add(=
tional Property Insurance....-, ...........10
5.8
.Notice of Cancellation Prousion
TO
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-I1
5.14
Acceptance :of Bonds and lnsu-
ante, Ophon to Replace ..............
11
5.15
Partial Utilization --Property ,
:Insurance
CONTRACTOR'S RESPONSIBILITIES
ba-6.2
Supervision and Superintendence,...,,,
Il
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;
ENGINEERs'.Evaluation
12-13
6.8-6 11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights ..... ................
13-14
6.12
.Patent Fees and Royalties ...............
I ... :14
6.13
Permits
14
6.14
Laws and .Regulations ........................141
6.15
'Taxes.... ......... ......„14-15
.... ..:..:...........
5
,6.16
Use of Premises;:,:,,,,,,,-- -
-
6:'17
Site Cleanliness_............................._15
'6:18
Safe Structural Loading., ...................
J5
6:19
Record Documents
15
6.20
Safety and Protection ,,,,
15.16
6.21
Safety Representative ......... ........
16
,6.22
Hazard Communication Program$,.,,,
16
6.23
Emergencies'..... ..........
6.24
Shop Drawings and Sample;. ............
;16
6.25
Submittal Proceedurm, CON-
TRACTOR's Review Prior
to Shop -Drawing .or Sample
Submittal...._ ............................_
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER..._..
16-17
6.27
Responsibility for Variations
From ContractDocuments
.. _17
6.28'
Related Work Performed Prior
to ENGINEERs-Review and
Approval of Required
Submittals
6.29
Continuing the.Work , , .......17
6.30
CONTRACTOR's General
Warranty and Guarantee....I
.......17
6.31.6.33
:Indemnification ..........................
17-18
6.34
Survival of Obligations ...
7. OTHER WORK
T I-7.3
.Related Work at Site._,
18
7.4
Coordination,,,,,,,,,,,_,,:,,,,,,,,,,,,_
18
8. OWNERS RESPONSIBILITIES „.. ......,.J8
8.1
'.Communications to CON-
- _
TRACTOR ,..:..._ ..__....
18
8.2
Replacement of ENGINEER,.,,,,,.
IS
8.3.
.Furnish Dam:andPay Promptly
When Due ..................................
18
8.4
Lands; and Easements; Reports
and Tests .,18-19
8.5
Insurance ....
..... 19
8.6
ChangeDrders...
8.7
Inspections, Tests:and
Approvals ...................................
19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services, ;,,;,
_. ,19
8.9
Limitations on OWNER'S
Responsibilitie................. I ......
, .. 19
8.10
Asbestos, PCBs; Petroleum,
Hazardous Waste or.
Radioactive Material._....__._.._....
19
8.11
Evidence of Financal
Arangemerits.:::.:...:_:: -
-..,19
9. ENGINEER'S STATUS DURING
CONSTRUCTION
19
9.1
OWNER's Representative ................
19
9.2
Visits to Site - - ..,.._....
19
9.3
Project Representative - , ,.
,19-21
9.4
,Clarifications and Intatpre -;
tations ..........:..............................
21
9.5'
Authorized Variations in VGrk
21
E1CDC GENERAL CONDITIONS 1910-8 (19H EDITION]
w( CITY OF FORT COLLINS MODIFICATIONS(REV 9/99)
SECTION 00510
NOTICE OF AWARD
DATE: December 19
TO: Musco Sports Lighting
WORK ORDER NO.: 2
PROJECT: 7657 Athletic Field Lighting
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated December 19, 2014 for the above project has been
considered. You are the apparent successful Bidder and have been awarded a Work Order
Agreement for Work Order 1 for 7657 Athletic Field Lighting.
The Price of your Work Order Agreement is Two Hundred Thirty Seven Thousand Five Hundred
Dollars ($237,500).
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 January 5, 2015.
1. You must deliver to the OWNER three (3) fully executed counterparts of the Work Order
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 Work Order Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and
Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return to you one (1)
fully -signed counterpart of the Work Order Agreement with the Contract Documents attached.
M
Director YPurchasing & Risk Management
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
.Number R Title
Number
'9.6
Rejecting Defective Work -............
_..... :21
13.8-13.9
Uncovering Work at.ENGI-
9:7-9.9
Shop Drawings„Change Orders
NEER's Request .-_.27-28
and Payments
21
13.10,
OWNERMay Stop the Work...._..._..28
19.10
Determinations for Unit Prices
21-22
13.11
Correction or'Removal of
9.11-9. 12
Decisions on Disputes; ENGI-
Defective Work..._......................218
NEER as Initial Interpreter, .,.,.,..,,
22
13.12
Correction Period ...........
28
:913
Limitations on ENGINEER'S
13.13'
Acceptance ofDefecnve Work...„..28
Authority and Responsibilities
22-23
13.14
OWNER May Correct Defective
Work .....................................
28-29
'CHANGES IN THE WORK ......... ...............................
.23
... _.. _..... -
10.1
OWNER'S Ordered Change ...........
14: 'PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adlustm ent ...........
........3
COMPLETION .........,„ ..........................
9
10.3
Work Not Required by Contract
14.1.
Schedule of Values ........................29
Documents ,;,;;;-;.,,-;,.;;,,;,;,;;,,23
14.2
Application for Progress
10.4
Change "Orders__ ...... ........
Payment ....... ............................
._. 29
10.5.
__..._...._'.23
Notification of Sure -
ry............._......__..23
14.3
CONTRACTOR'S Warranty of
Title ...........................................
29
CHANGE OF CONTRACT PRICE .............................23
14.4-N.7
Review of Applications -for
11.1-11.3
Contract Price, Claim for
Progress Payments.
.29-30
Adjustment; Value of
14.8-14.9
Substantial Completion,,,,,,,,,,,,,
30
the Work
23-24
14.10
Partial Utilization .
.30-31
11.4
Cost of the Work ............. ......... ...24-25
14.11
Final Inspection._ ........ ___ ........
31
11.5
Exclusions to Cost of the Work.....
...... 25
14.12
Final Application for Payment..
... ...31
11.6
CONTRACTORS FM- .......................
. 25
14.13-14.14
Final Payment and Acceptance....._
31
11.7
Cost Records. ......... .......25-26
14.15
Waiver of Claims .............31-32
11.8
Cash Allowances......:,..,.
-.26
11.9
Unit Price'Work.,.._._..............,26
15. SUSPENSION OF WORK AND
-
TERMINATION .................................................
32-
'CHANGE OF CONTRACT TIMES ......._
....._26
lAl,
OWNER May SuspendWork ..........
32
12.]
Claim for Adjustment.,,,,...
._.,26
152-15.4
OWNER May Terminate...... ........
32
12.2
Time of the Essence,,,,,,,,,
,.,,; 26.
15.5
CONTRACTORMay,Stop
12.3
Delays Beyond CONTRACTOR's
Workor Terminate-.--32-33
'.Control .......................................
26-27
.....
.
12.4
Delays Beyond-OWNER's and
16: DISPUTE RESOLUTION ....... ...... ..._..._..,
_... 33,
CONTRACTOR's Control
; z7
TESTS. AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK...-_... _.-._ _-.-._....__.,_.......
._27
13.1
Notice of Defects-
:27
13.2
Access to the Work_...
27
13.3
Tests and inspections,
CONTRACTOR's Cooperation..........27
13.4
OWNER's Responsibilities,
Independent Testing Laboratory.....:
27
13.5
CONTRACTOR's
...............27
13.6-13.7
Covering Work Prior to Inspec-
tion, Testing or Approval.,,...... .................
17, MISCELLANEOUS .............:..:..._.___.__.
_......33.
17:1
Giving Notice...
17.2
Computation of Times.„.:...........93
17.3
Notice of Claim..............................33.
17.4
Cumulative Remedies....__ .....
.._..... 33
17.5
Professional Fees and Court
Costs Included
33
17.6
Applicable State' Laws_,__..._._33-34
.Intentionally left blank,_., .-.:-,.,.,,.,-_ .::....:.......
35
EXHIBIT GC -A:
(Optional)
Dispute Resolution Agreement._.........,_,,,,,,,
GC -Al
16.1-16.6
Arbitration..............................
C-Al
16.7
Mediation
GC -Al
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CIN;OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditionsof the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of-w
Bonds and Insurance 5.14
defective Work.._..._ ................... 10.4.1, 115, 13.13
final payment........_.......__..._. .....__. 9.12; 14.15
,insurance 14
other Wort.8YCO'NTRACTOR 7.3
Substitutes and 'or-E qual" Items ....... ... A.7.1
Work by OWNER_ ........ ..................... 2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities ......... - ................................... 4A
site, r6lat&d,Wdk ................................... ........... 7.2
Work, .., ... 7_...: .... : ..... : ........ ....''J3.2, 13:14, 14.9
Acts or Om imions, Acts and Oin issions_
CONTRACTOR 69 1, 9.13.3
ENGINEER., ............................ ...... 630.; 133 ...
OWNER................ ......... ................. ....... 6.20, 8.9
Addenda- definiti6riol' (also sea
definition of Specifications),.,..... 0.6,1.10,6.19)', 1.1
Additional Property Insurances. ................... 5.7
Adjustments—
Contract Price or Contract
iiaes......................... 1.5, 15, 4.1, 4.3.2,4.5.2,
.............................. 4.53, 9.4, 9..5, 10.2-10.4,
.... I ....... ... d ... 4 11, 12, 14.8,15.1
progress schedule ... I ................. ...................... 6.6
Agreement—-
6finition of 1:2
'All-kisk'; Insurance; policy orm .... ....................... 5.6.2 ,
Allowances, Cash ......................................... 11.8
.
Amending Contract Documents ... __3.5
Amendment, Written—
,in general„ ,,,,,,,,,1.101 1.45,,3.5, 5.10,5.12,6:6.2
....... ................ U.f, 6:19, 16.1', 16.4,11-2
............... 12.1, 13.12.2,1,4.7.2
Appeal, CIA orCONTRACTOR
interitto ... ......... 9,10, 9.11, IOA,M2,165
Application for Nyin , ent-__
definition of 1.3
ENGINEERS Responsibility..... .................. ....... 9.9
final payment,,,,, ,_.. 9: 13.4, 9.13.5, 14.12-14. 15
in general... ..................... _18, - 2.9, 5.6.4, 9. 10, 15.5
pevrogress payment . ... ....... .............. F ........14.1-14.7
riew of' .14:4-14.7
...........................
Arbitration .....:1.6.1-16.6
Asbestos --
claims pursuant thereto * ............... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work,,.,,..,,: 4.5.2
definition of.......:, ....... :,:.: .......... ; .........
Article or Paragraph
Number
OWNER responsibility far ..............................
4.5.1, 8.10
possible price and,tinues,cliange .........
.............. 4-5:2
Authorized Variations in Work ..........
3.6, 6.25, 6.27, 9.5
Availalnhiy of Lands:_.,__
................. 4.1,8.4
Award, Notice of --defined. .........
- __,.1.25
Before Starting Construction .............................
1 .5-2.8
2
Bid -definition of......_......._.,,,,,. 1;5
(LI 1 10, *2-3, 3.3,
................... - �4.26.4, 6.13. 1 L4.3, 11:9: 1)
Bidding Documents -definition
of .......::...._..._._...................I........
1.6 (6.8.2)
Bidding Requirements --definition
of ........................ .......... -....1.7
(1.1, 4.2.6.2)
Bonds --
acceptanceof ..... ......................................
....... $.14
additional bonds......... ..
..... 10.5, 11.4.5.9
Cost of,thc Work
IL5.4
definition .of.. . ..... .............
...... 8
delivery of ... ...............
....... 2.1,.5.1
final Application for Payment
..... 14A2-14.14
general .......... ... ..........
10, 5 1-5:3, 5.113,
.................................
9,13,10.5,:14.7.6
Performance. Payment and Other.,_,.
.,,1-5.2
Bonds and Insurance --in general ........
5
Builder's risk "all-risk" policy form ...
.................... 5.6.2
'Cancellation Provisions, Insurance ...
..... 5.4. 11, 5.8, 5.15
Cash Allowances .. . .... .. . .
.........
...... 1 lh8
Cirtif cate of Substanti :, a] Completion
1 3,
1 38, 6.30.2.
.................. ............. ......
I ........ . 14.8, 14.10
,Certificates of Inspection.__9
13.4, 13.5. 14.12
Certificates of Insurance ............. 17,
5.3. 5'4.11, 5.4.13,
...... ...............565, 5.8,
5.14, 9.13.4, 14.12
Change in, Contract Price --
Cash Allowances......
, , ..... 11.8
claim for price
adjustment.,..,,,,.,. A 1, 4.2.6.
4.5, 5.15, 6.8.2, 9.4
9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
... ............ . 1113, 13.14,
14.7, 15.1, 15.5
CONTRACTOR'S fee...
.............. 11.6
Cost of the Work
general .....
11.4-11.7
Exclusions to,.,., ... ........
11 5
Cost Records
11.7
in general ... _ ........ 1. 1 §,1.44, 9.1
10.4;2, 10.4.3 11
LUrap. Sum Pricing ......................
........ 113.2
NotificationofSurety:,.. ........
10.5
___...10.5
Scope of„
........ 0.3710A
Te9ting.and Inspection,
Uncovering the�Work ..................
I._....._......_ 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work 11.9
............................................
Article. or Paragraph
Number
Value of Work.
11.3
Change.in Contract Times -
Claim for times adjustment._.
4.L 4.2.6, 4.5, 5 15,
............. 6.82, 9.4, 9.5. 9.11,
10.2, 10.5,. 111,.
.............._13.9, 13.13, 13.14, 14.7,15.1, 15:'5
Contractual time limits,__ ..........:...:.
..:...::..:.....122
Delays beyond CONTRACTOR's
control .........................................................
12.3
Delays beyond OWNER's and
CONTRACTOR's control.............................1.2.4
Notification of surety ,,,,,,,,,,,,,,,,,,,,_....
............... 10.5
Scope of change........ :.............:...............10.3-10.4
Change Orders --
Acceptance ofDefecrlve Work,,,,,,,,,,.____.....
13.13
Amending Contract Documents,_,...,.
.. 3.5
Cash Allowances'.., .... ............
,,.... ..............'s
Change of Contract Price
.__._............... -_,....I I
Change of Contract Times_
12
............
Changes in the Work,,,,, I
..
..,.._ 10
CONTRACTOR's fee-
_
- 11.6
Cost of. Work ................................
11 4-11.7
-the
Cost Records
11.7
definition of .........................................
1.9
emergencies ... .:,- ..
-,,,,;,, -. -fi 23
.:
....
ENGINEER'sresponsibility ...... _
..
9.8, 10.4; 71:2, 12:1
execution of ......................................................10.4
Indemnificnon ......... ...............
0:12,�616; 6..31-6,33
Insurance; Bonds and .
.......5 10, 5 13, 10.5
OWNER may terminate.............................
15.2-15'4
OWNER's Responsibility:............
........ :.$.6,10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities..........................
....43;2
Record Documents,,,,,,,,,, , I ........
....__6,19
Scope of Change, , , ,
..., ..._..10.3-10.4
Substitutes ...... ...... .-:.._....... ..:.............
6.7.3, 6.82
Unit Price Work ....... .........................
- 11.9
value of Work; covered by .....................
....... 11.3
Changes in the Work .................................................
10
Notification of surety ;10.5
OWNER'S and CONTRACTOR's
responsibilities......
......... _..:...:.. 10.4
Right to an adjustment
10.2
Scopeof change ............ ........................
.... 10.3-10.4
Claims --
against CONTRACTOR. ...................................
6.16
against ENGINEER..,,.
........ ..... 6.32
against :OWNER .:..::..:...:.:.:..:.....:.......:..
_,-.......6.32
-------.-..-
Change of Contract Price,,,,,,,,,,,,,,„_........,.9.4,
...
11.2
Change of Contract Times
- 9.4, 12.1
CONTRACTOR's.............4,4�1;
9,4, 95, 9.11,10.2;
.......................... 11.2, 11.9,
12 1, 13:9, 14.8,
.:...... ....................................
15.1, 15.5, 17.3
vi
CONTRACTOR's Fee,11.6
.Article or Paragraph
Number
CONTRACTOR's liability.._, .... :5A, 6.12, 6.16, 6:31
Cost of the Work ....... _..............................
11.4, 11.5
Decisions on Disputes....._...._._.._._.__.......
9.11_; 9.12
Dispute Resolution .........
..16.1
Dispute Resolution Agreement
„.16, 1216.6
ENGINEER asinitialinterpreter ...:....:.
......... .:..9.11
Lump Sum Pricing................... .......'.._._........
11.12
Notice of - -
.............................................................
. .. 17.3
OWNER'S._....__.__..._ 9A, 9.5, 9.11,
10.2, 11.2, 11.9
.......................12.1, 13.9, 13.13,
13.14, 17.3
OWNER'sliability. : ...........................................
5.5
OWNER may refuse to make payment.,
....... „--,... 14.7
Professional Fees and Court Costs
-
Included.... .... - .... ... .......... .............5
request for formal decision on..
......... .....2;11
Substitute Items,. __.....
__..._. 6.7.1.2
Tim a Extension._ ....._._.
.. -12.1
..
Time requirem ents
19. 11, 111
Unit Price Work
11.9.3
Valueof...........................................................1.1.3
Waiver of --on Final Payment.. .......J4.14,
14.15
Work Change Directive,,,,,,,,,,,, ,
...........10.2
viritten notice, required ,........ .....9.11,
11.2, 12.1
Clarifications and Interpretation$_ .
'3.6.3, 9.4,.9.11
Clean Site...................._..._,._,......_....,_,...,...,,,,:6.
17
Codes of Technical'Soeiety,'Organization
or Association
•3:3.3
Commencement of Contract Times„ ,
......2.3
Communications:-
.general :...::_
Hazard Communication Programs. ,,,,_,,,..,,,..........
6.22
Completion ---
Final Application for Payment ....................
.....14.12
Final Inspection. ........_
.............. 14.11
.Final Payment and Acceptance , „ ,
, „14.13-14.14
Partial Utilization
�14.10
Substantial Completion ......
1.38, 14.8-14.9
Waiveriof Claims. -
.............................................
14.15
Computation of Time...............................
. 1 T2.1-17:2:2
Concerning Subcontractors, Suppliers
and O[Eers
.............:..:.:.................................
6.8-6.1.1
Conferences --
initially acceptable schedules., ....................
_ ......2.9
preconstruction.... ............ _..._.... _._
..................2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report ...................
_..... 2.5, 3 3.2
Construction, before starting by
CONTRACTOR-.. _._::. -;....-;.:::!
...:... 2.5-2.7
Construction Machinery, Equipment, etc,
, „ ,,, ...... 6.4
Continuing. the Work _........
629, 10.4
Contract Documents--
-Amending ...._.. .._..._ ...
..... . .....:3.5
.
Bonds ....::......................:........::. :..
- ,. 5.1
................
E]CDC GENERAL, CONDITIONS 1910-8 (1990 EDITION)
w CITY OF FORT COLLINS MODIFTCAn ONS (REV 9199)
,Cash A]lowances 11.8
Article or Baragraph
Number
Change of,Contract Price......... ....................._.;.
I1
:Change.ofContract Times......
.-12
Changes in the Work ..................................104
W.5
"check and yerify ........................................
2,5
Clarifications and
Interpretations - 312, 3.6,9
-
4,-9.11.
definition of
1.10.
'ENGINEER as initial interpreter of
9.11
ENGINEER as OWNERS representative...,..
9.1
IgeheraD
'Insurance ......... ._........
.......5.3.
.Intent
minor variations in the
:. ._._
OWNER'sresponsibility tofurnishdata,..
.....
.... 8.3
OWNER's responsibility to make
'.prompt paym ent ....,....,. 83, 144,
1413
precedence.,,,_,,,, ...... ,
3 1, 3.3:3
..Record Documents .,.:,.;.;.
'Reference to'Standards and Specifications;
TecknicalSocieties.._.... ._....._
3
_.....3
.'of
Related.Work
'7:2
Reporting and Resolving Discrepancies: ...
75, 3.3
:Reuse of
- -. --3.7
:Supplementing..:. .. ... _.:,_......
.:.3.6.
Termination of ENGINEER's Employment:.
.8.2
Unit Price Work_ ..... I...............
...11.9
....... ......... 9 6; 6 23, 6:27
.variations
Visits
ts to Site, ENGINEER s..,. „ ,
9.2
Contract Price --
adjustment of;..._, ..3:5, 4.1, 9.4, 10.3,'l
1.2-11.3
Change of ...... -
. _.11
Decision on Disputes .......................................
911
:definition of
Contract TimeS--
adjustment;of_,._ ...... ....; 35, 4.1, 9.4, 10.3„12
Change of.,,.,,,.,,,,12.1-12.4
Commencement of
2.3
definitionof
CONTRACTOR--.
Acceptance of Insurance _,,,,_„_ ..............
5?I4
Communications. .:....,_ ,62,
6.9.2
Continue Work::, .:
`-:: ..
6.29, ]0.4
coordination and scheduling_
6:9.2
:definition of .......................................................
113'
Limited Reliance on Technical
.Data Authorized ...,...._
42,2
May Stop Work or Terminate., -.......
-. 15.5
provide site access to others:,;; -..
7.2,. 13.2
Safetyand Protection 4.3.1.2,�6.16,.6.18;
.... _.,... ...... 6 21-6.23,..7
2,. 13.2
Shop Drawingand Sample Review
Prior: to: Submittal ....... ..............:625
vii
Stop Work requirements .................................. 4,5.2
CONTRACTOR's—,
Article or Paragraph
Number
Compensation:,
Continuing,Obligation ....
14.15
Defective Work ................ .,.......... 96, 13 10-13.14
Duty to correct defective Work
,13.11
Duty to Report --
Changes in the Work caused by
Emergency..... ........... ..........
6:23
Defects in Work of Others.,,,_,.
........ 7:3
Differing condnions „
4.2 3
in Documents -.. 2 5, 112, 2, 6:.14.2
Underground. Facilities not indicated
,_,,., 4.3.2
Emergencies
6.23
Equipment and Machinery Rental; Cost
ofthe Work:.....,..,
11,45.3
Pee Cost Plus ]1.4 5 6, 11
5;1, �11:6
General Warranty'and Guarantee.. ,
6:30
Hazard Comm unication Programs,,:
-.-6..,22
Indemnification......... 6.12 6d6,,6:31-6.33
Inspection of the Work - ......... ....93;
13.4
Labor; Materials andEquipment... _.
.. 6; 3=6!5
Laws and Regulations, Compliance by
_ 6.14,1
Liability Insurance:,. I.I.I...............
.4
Notice of Intent to Appeal
9.10, 10A
:obligation to perform and complete
the Work ,.........
_._6.30
Patent Fees and Royalties paid for by
6:12
Performance and Other Bonds ..................
_
'.'1
Permits, obtained and paid for by,., ..
,........6 13
ProgressSchedule. ..... -2 6, 2 8,.2:9; 6.6,
......629, 104,-15.2.1
Request'for formal decisionon disputes „
9.11
Responsibilities --
Changes in the Work .........................
10.1
Concerning Subcontractors: Suppliers
and Others.,.:.
.. 6.8-6.1 I
Continuing the Work
629, 10.4
CONTRACTOR's expense .......... ..........6.7.1
CONTRACTOR's General Warranty
and Guarantee.. ......... ........._„_„630
CONTRACTOR's review prior to Shop
Drawing: or Sample submittal
_.. 6,25
Coordination of Work .,.____..
...6.9.2
Emergencies, ................ ............. ..........
_... 6,23
ENGINEER's evaluation, Substitutes
or'Or Equal" Items ................
.,..,. 6.7;3
For Acts'and Omissions
of Others;,,,:,,, -,,,.,.; .9:1-6.9.2, 9.13
fordeductible am ounts,insurance
.....,.,, 59
general , ........ ,__„, „6, 7
2, 7$, 8.9,
Hazardous Communication Programs
....... 6.22
Indemnification
6317633
E]CDC GENERAL CONDITIONS 1910T8 EDIT1099)
wl CITY OF FORT COLLINS MODIFICATIONS'
(2EV9/99)
Labor,:Materialsand Equipment .............. 6.3-6.5
Laws and Regulations. .....6.14
Liability Insurance_,.. _- 5.4
Article or Paragraph
Number
Notice of variation ,from'Contract
-
Documents
6.27
Patent Fees and Royalties ...... _........
.612
Perm its. ...... ..
.. _. 6.13
Progress Schedule....._
.... 6:6
Record Documents .......................................
6.19
related Work performed prior to
ENGINEERS approval of required,
submittals -
6,28
safe. structural loading
6.18
Safety and Protection, .................... 6,20, 7.2, 13.2
Safety,Representatibe...................................
6:21
Scheduhng the Work. ,_„__
Shop Drawings and Samples
624
Shop Drawings and'Samples Review
by ENGINEER::.,
.. _..6:26
Site •Cleanliness .... ... .... .... _.....__ _....... ,
_.. ......6.17
Submittal Procedures...................................
6.25
Substitute Construction Methods
and Procedures
6.7.2
Substitutes and ".Or -Equal" Item_s._. .........6.T1
Superintendence.._:,, .
._. 6.2
Supervision
6:1
Survival ofObligations .........................
...... 6.34
Taxes ... .............. ..
.... 6.15
Tests and Inspections. ...,.
13:5
To Report, ...........
25
Use of Premises -_ .... 0.16-6 18 bt3024
Review Prior to,Shop Drawing or
Sample Submittal. ....... ._...........................
625
Right to adjustment for changes in the Work ]0.2
right to claim ,:4,71,94, 95,911,
102,1 L2,
11 9, 12 1, 13.9„14.8, 15 1,
15 5, 173
Safety and Protection --'6:20-6.22, 7.2, 13.2
Safety Representative._. _.
6.21
Shop Drawings and Samples Submittals
624-628
Special Consultants _,_... .........
......IL4:4
Substitute Construction' Methods and Procedur_es..6r7
Substitutes. and Or Equal Items,
Expense.. _.........:....::.::..: _ .:.:.. _,...::.6.7.1, 6.7.2
_-_ __ _.
Subcontractors, Suppliers and Otherg..
6.8-6.11
Supervision and.Superintendence, , I..... 1.6 1,
62, 6.21
Taxes, Payment by, .................... ...........
6:15
Use ofPremises
'6.16-6.18
Warranties and guarantees
,. 6.5, 6.36
Warranty,of Title ,.,,,, -
::14.3
Written Notice Required--
CONTRACTOkstop Work or terminate.....
Reports of Differing Subsurface
and Physical Conditions,,,_,.;.,,
4.2.3
Substantial Completion _.,,,,
...... 14.8
V1.a
CONTRACTORS --other.......,.... 7
Contractual Liability Insurance..... ......... 5.A.10
Contractual Time Limits ... 12.2
.Article or Paragraph.
Number
Coordination --
CONTRACTORS responsibility...- ,, _,,.,,._..
„'6.9.2
Copies of Documents .............
,,.;. .,2.2
Correction Period_;,,,,,,,,,,,,,,,,,,,,,,,„__...,...,,,,,„,,„13.12
Correction, Removal or Acceptance
of Defective Work--
ingerieral __..,.. 1041,
13..1013:14.
Acceptance of'Defective Work.. .............
13.13
Correction or Removal. of
Defective Work_ ;.
.-630, 13.11
Correction Period ..
_:.. 13.12
OWNER May.: Correct Defective Work
__...
...,... 13.-14
OWNER May, Stop Work.,,_.
13.10
Ccst-' -
of Tests and Inspections,_,,;,,,,.
,; 13.4
Re cords I Y,7
Cost of the Weak --
Bonds and insurance, additional ..... ..... .......
..1 1.4.5.9:
Cash Discounts
11.4.2
CONTRACTORS Fee
. ... - ..................:..................................
11.6
.
Employee Expenses ......... _...........
,,...... 11.4.5.1
Exclusions to..... .,,.::_ _
.. ...:......::17.5
General11411.3
Home office and overhead expenses..
J1.5
.Losses and dam ages .................................
11.4.5.6
Materials:andequipment..._.,
-11.4.2
Minor expenses_ ........
........ IL4.5.8
.Payroll costs on,changes
....11AA
performed by Subcontractors_..
........
Recordsl1.7
Rentals of construction equipment
- and machinery ...............................
ll.4:5.3
Royalty payments, permits and
license. fees, :. .,,,
..,.,,11 A.5.5
Site office: and temporary�facilities ............
_.11.4.5.2
Special Consultants, CONTRACTORS ......
__ 11.4.4
Supplemental...., ............. .................
:.... 11.4.5
Taxes related [o the Work._.........................
11 4 A
Tests'and Inspection _... _......
.__.,. `13.4
Trade Discounts
11.4.2
_
Utilities, fuel and sanitary facilities
-.... 11.4.:5.7
Work after regular hours;,_,,,.,11.4.1
Covering Work ................................
Cumulative Remedies ......... ......... ,....
_,_'17417.5
Cutting, fitting and patching ... ,..,.
, 7.2
'.Data,.to be furnished by OWNER. ._ _
.. ,, - 8.3.
.Day --definition of .......... .......
.172.2
Decisions on Disputes ........ .........911,
9.12
defective definition of .......
1..14
defective Work--
;Acceptarrce of_.,, ,;,,,,,, ,,;,;
10.4:1, 13.13
E]CDC GENERAL CONDITIONS
1910-8 (1990 EDITION)
w/ C[TY;OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction. or Removal o(,jO.4.1, 13.11
Correction Period 1312
in general, ,..:.... ... `13, 14 7, 14.11
.Article or.Parngraph
Number
Observation by ENGINEER.... _..... — ..................
9:2
OWNER May Stop Work,,,,,,,, ..........
13.10.
Prompt Notice of Defects,,,,,,;, , ,,,,,,,_......
13.1
Rejecting .:_:..... .... . ::.. ......:.:.:...9.6
Uncovering -the Work .... ..............
Definitions ................................................................
1
Delays ............................. I....... 4.1, 6.29. 12.3-12,4
Delivery of Bonds...,, ,, .,,,,.
.., 2.1
Delivery of certificates of insurance ......................
....2.7
Determinations for Unit Prices,,,;,,;,,,;,,,;,,,,
,: 9.10
Differing.Subsurface or Physical Conditions--
-
,Notice of ..........................................................
4..-2.3
ENGINEER'S Review .....:................................
4:2.4
Possible Contract Documents Change . .............4.2.5
Possible Price and Times Adjustments._ .......
___4.2.6
Discrepancies -Reporting
and Resolving ................................ 2.5, 3.3.2,
6.14.2
Dispute Resolution--
Agreement..... _............... _........ _...... .......
...
Arbitration .,,,_... ,..,.,.. _.....,
16.1-16.5
�general)6
Mediation., .......
Dispute Resolution Agreement _
16.1-'16.6
Disputes, Decisions by ENGINEER ...
9.11-9.12
Documents--
Copies.oC ........ ...,......
I.... 2.2
Record6.19
Reuse If....................................................::.::;;3.7
Drawings —definition of ........
.._. 1. 15
Easements ........................ .....f.
...... 4.1
Effective date ofA Agreement definition of
Eg .,....
. 16'
..
Emergencies.
..
ENGINEER--
.asinitial,interpreter on disputes ;.;..Q.11=9.12
definition of
1.17
'Limitations on authority and responsibilibcs
..... 9:13
Replacement, of;. ...................................
... 9.2,
Resident Project Representative ........................Q.3
ENGINEERS Consultant -- definition of ...:...:...
...1.18
ENGINEER's--
authoritymnd responsibility, limitations on,,,,
the Work
Authorized Variations in .....
..................
9.5
Change Orders, responsibility for ..... 9.7,
10, 11, 12
Clarificationsarid Interpretations ........
3.6:3,19.4
Decisions on Disputes ...............................9.
11-9:12
defective -Work, notice of ,;;,. :..............13.1
Evaluation of Substitute Items,,,
6.7.3
Liability...................................................15.32,
9.12
Notice Work is Acceptable . ............................
_14.13
Observations...,...................... ................
6.30.2, 92
Is
OWNER's Repremmative_,...... _,_..,..,,__9.1
.Payments to the CONTRACTOR,
Responsibility for: ........ _..... 9.9,. 14
Recommendation of Payment, ,.14.4, -14.13
Article or Paragraph
Number
Responsibilities-Lrmitatrons'on
':9. 11.413
Review of Reports on Differing Subsurface
and Physical:Conditions ..,:,
..,, 4.2.4
Shop Drawings and Samples, review-
- _----
responsibility... ............................
......._..... 626
Status During Construction--
. ,
auth. orised variations in the Work
_. _.__9.5
Clarifications and. Interpretations
.......;,PA
Decisions on Disputes
9.11-9.12
Determinations on Unit Price
9.10
ENGINEER as.Initial Interpreter .......
_.9: 11-9:12
HNGINEER's Responsibilities— .............
9,1-9212
Limitations on ENGINEERS Authority
and Resp6nsibihties ................
.9.13
OWNER's Representative...., .
Project Representative.._._ .....................
Rejecting Defective. Work .........
......:93
.............i9.6
ShopDrawings, Change Orders
and Payments. ..._....
...._..9.7-9:9
Visits to. Site ....... _.................. ..............
_...... 9.2
Unit Price determinations
Visits to Site .,,..
,,,9.2
Written consent required ............. _......
.7.2,9.1
Equipment, Labor, Materials and ..
6:3-6j6
Equipment rental, Cost of the Work
11.4.53
Equivalent Materials and Equipment.,_,.
. 6.7
erroror
Evidence ofFinancial Arrangements .._.
'8. 11
Explorations of physical. condition......
..... 4.2:1
Fee, CONTRACTOR's--Costs Plus.......
._....11.6
Field Order —
definition of
-.1.19
issued by ENGINEER,_
3.61,9.5
Final Application for Payment._..,,_..,..,.___,.
.....
14.12
.. _..
Final Inspection .............. ... _...... _...... _.........
..... _.
......:14.1d
Final Payment--
andAcceptance,_,,,__ .....................................
1413-14.14
Prior to, for cash allowances I.,.,,,,,, ................
,I I : 8
General Provisions ..
173-17A
General Requirements —
definition of .......................................................
].20
principal references to. ............. 2; 6, 6 4,
6 6 6.7, 6.24
Giving Notice ........................................
..,.....17.1
Guarantee of Work —by CONTRACTOR ..........
6.30,-14.12
flazard Comm unication Program s ... ,....
:.._,:6.22
Hazardous Waste-- --
_ .._
definition of .....................................................1.21
general ................
4.5
OWNER's responsibility for
..810
EJCDC GENERAL CONDITIONS 1910-8 (1999 EDITION)
w( CITY OF FORT COLLINS MODIFICATIONS (REV 9l99)
Indemnification,,,,,,,,,,,,,,,,,,,,,,,
6.12, 6,16, 6.31-6.33
Initially Acceptable Schedules
2.9
Inspection—
Ccrtifica[esof ..........
.....9.13A, 13.5, 14,12
Final .....: :..:.:.-
.......... .....14.11
Article or Paragraph
Number
Special, required byENGINEER .........................
9.6
Tests and Approval, _ '8.7,
13.3-13.4
Insurance --
Acceptance of, by OWNER;,,,,,,,,,
5.14
Additional, required by changes
in the Work ...........................................
11.4.5:9
Before starting the Work.........._.._ ................._.
2.7
Bonds and --in general.....:........:........:..:....::...:..:..5
Cancellation Provisions..............................
... ...... 5.8
Certificates of. .... -;2.7, 5, 5.3, 5.4.11,
5.4.13,
5.6.5, 5.8, 5.14, 9
13.4,.14.12
completed operations _.., _.,. _..,.. _...................
5.4.13
R' CONTRACTOs Liability.................................5.4
CONTRACTOR's objection to coverage,,,,,,,,,,,,,
3.14
Contractual Liability ,,,,,,,,,,,,,,,,,,,„.,,,,,,.......
_,5.4.10
deductible amounts,.CONTRACTOR's
responsibi IiTy................................................
5.`9.
Final Application for Payment __...__ ..............14.12
Licensed Insurers
. ................................................
5.3
Notice requirements, materlal changes ........
5i8, 10.5
Option to Replace ................ ...................
_.. 5.14
other special insurances ...................................
5.10
OWNER as fiduciary for insureds ......,
.5.12-5,13
OWNER'S Liability,.:...._ ..............
.5.5
OWNER's Responsibility:-._„ ,
, , .8.5
Partial Utilization,Property Insurance.
-5.15
Property ....................................................
5.6-5.10
Receipt and Application of Insurance
Proceeds., ................ .................. ........
5.12-5.13
Special Insurance.,,_,,,,,, , , , , , , , , ,
.....5.10
Waiver of Rights ...............................................
.11
Intent of Contract Docum enty, ..............3.1-3.4
Interpretations and Clarifications ._. ....3:6.3,
9.4
Investigations of physical conditions,.,_...,
...... 4.2
Labor; Materials and Equipment .........
§.3-65
Lands --
and Easements ....................................................
8.4
Availability of -...... .. ........... : . . .:..:.-.......
.4:1, 8.4
Reports and Tests
,,...,8.4
Laws and Regulations --Laws or Regulations --
Bonds..........................._.. ........................
5.1-5.2
Changes in the Work........................................
16:4
Contract Documents:..;__ ........
....... 3.1
CONTRACTOR's Responsibilities,,::..:._;_6.14
Correction Period, defective Work ...'„
- ..13.12
Cost of the Work, taxes„ ... I ...............
11.4.5.4
definition of ... ....... ...........................................
1:22
genera -16.14
Indemnification_,... _., _...........................
6.31-6.33
x
Insurance.............................................................
5.3
Precedence,..._.. ..........3.1,
3:3.3
Reference to .. .._
;3.3.1
Safely and Protection
..,;6.20, 13.2
Subcontractors, Suppliers and Others..-.-.....,
6 8-6 11
Article or Paragraph
Number
Tests. and Inspections; - , ,
,,, :13.5
Use of Premises., -.;,._. .;,,,
.6.16
Visits to Site..-.. ................_
............................
9.2
:Liability Insurance--.
CONTRACTOR's..... _ __... _ _... _._............ __._
_5.4
OWNER's
5.5
Licensed Sureties and Insurers,_,,._ ..........................
5.3
.Liens --
Application for Progress Payment,.-... ....
_14.2
CONTRACTOR'S Warranty of Title ...... _.........
4.3
Final Application for Payment.........................
14.12
definition of
1.23
Waiver of Claims ............................................
14.15
Limitations on.ENGINEER's authority and
responsibilities............................. .. _._.. _ _. __,
_ 9.13
..__.
Limited Reliance by CONTRACTOR
Authorized
4.2.2
Maintenanceand Operating Manuals
Final Application for Payment,,,,, , , ,,,; , ,,,
14.12
Manuals (of others) --
Precedence . .................
3.3:3.1
Reference to in Contract Documents .....__.
_...3.3.1.
Materials and equipment--
fumished by CONTRACTOR... ................
0.3
not incorporated In Work........ .,...,_,,,_,,,
14.2
Materials or equipment egwvalen[
,Mediation (Optimal)._...... -... ...........16.7
Milestones --definition oF
1.24
.Miscellaneous --
Computation of Times .......... ............:
1,7.2
Cumulative Remedies
'17.4.
Giving Notice............ ., ,.. ;._:
.17.1
Notice of Claim;.
17.3.
Professional Fees and Court Costs Included.,
__, 17.5'
Multi -prime contracts .......... ,...............................
...7
Not Shown or Indicated .........
4,12
Notice of--
Acceptability.ofProject -. -
-14.13
_..,-
Award,: definition of ,,,,,,.,. .....
..1.25
Claim........................... ......
I....17.3
Defecis,13.1
Differing Subsurface or Physical Conditions
4.2.3
Giving ......... _.............ITI
Tests and Inspections ......... ._........_....13.3
Variation, Shop Drawing and -Sample....... .....I...6.27
Notice to Proceed-
...defmition of ................................... ................... .26
givingof ...... .......................... :....... :.................... 2.3
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY:OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety.. _, _. _................
_, _„_............. 10.5
Observations, by ENGINEER.. ..................
9..2
Occupancy of the Work, ....... ..........
5:t5, 6.30.2.4, 14.10
Orn issiom or, acts by CONTRACTOR * .6.9,'9.13
Open Peril policy form, Insurance,.,
.... ... 5.:6.2
Option to Replace....
5.14
..Pm
Article o r r a graph
Number
"a Equal" Items.... .......... .......
..... 0.7
Other work 7
Overtime Works -prohibition of„ ..............................
6.3
OWNER--
Acceptance of defecnve Work„__
13.13
_appoint an ENGINEER ...... ............... ...............
8.2
a 'fiduci a iary... ............................................
5.12-5 13
Availability of Lands, responsibility,..,:., ..........
- 4.1
definition of .................. ...........
..... -127
:data, furnish._......._....._ .................... ........
May Correct Defeclive Weak ...........................
13.14
May refuse to makelpayment .... ___ ...........
... 14.7
May Step the Work_.___ ............
13.10
May Suspend Work,
Terminate 8.8, 13. 10,
.15.1-15.4
Payment, make prompt,,,,,,,,,,,,,,,,,,, t.8.3, 14.4,
14.13
performance of other work...,,_,.._..._ ......
7.1-
permits - and licenses, requirements ...... ........
.... 6.13
purchased insurance requirements ................
5.6-.5.10
OWNEWs--
Acceptance of the Work ...............................
0.30.2.5
,Change Orders,,obligaticat to execute:.........
8.6, 10.4
Communications. ...................................
�Kl
coordin-ation of th W rk, ..... ............. ..............
7.4 1
Disputes, request for decision ............................
9. 11
-Inspections,-tests:and approvals-
13.4
Liabifity Insurance_.....__ ............................
5.5
Notice of Defects
13.1
Representative--DuringConstruction,
ENGINEFRs Status....... ...............................
Responsibilities -
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
9.10
Change Orders ............
8.6
'Changes in the Work ............ .........................10.1
communications...................................
I.... I...8.1
C - ONTRACTOR's responsibilities , ....
......... 8.9
evidence of financial arrangements.....,
11
inspeetions,1csts and approvals.,,,.,,,,,,,
insurance
�8.7
8.5
Inds and easements,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
prompt payment by .......................................
.
8.3
replacein ent of ENGINEER,,,,,,,,,,,,,,,,,,,,
,,,,,,8.2
reports and tests ...... .......
stop or suspend Work 8.8, 13.10,
15.1
terminate CONTRACTORS
services ..........................................
8.8; 15.f
'separate relisresefitativelat site.., ........
......9.3
testing,• independent.... __ ................... - ........... 13.4
use or occupancy
of iheWoik ............... _ ........ 5. i5, 6:30.2i 4 1 14.10 1
written consent or approval
,required ;9.1, 6.3, 11.4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
-,;/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
written notice required...._ ..................
7.1, 9.4,'9.11,
:..:..............::....... ......... 111,
11.9. 14.7, 15.4
PCBs= - - .- -
definitiomof ..._.... .......__..__...____..1.29
general,....... ..__.__... ___......
.. ...__,4.5
OWNER'stesponsibilityfo{ ......... .....................
Partial Utilization—
defmition of
general 6.30.2.4, 14A 0
Property Insurance ...... ....:.................................
5.15
Patent Fees and Royalties .......................
_......... ...... 6.12
Payment Bonds. _.
.. 51-5.2
Payments, Recommendation of ............
_ 14.4-14.7, 14.13
Payments to CONTRACTOR and Completion--
Application for ProgressPayments.............
_ _ _ _ 14.2
CONTRACTOR's Warranty of Title-......
- 14.3
Final Application for Payment ....
........ .14.12
Final Inspection ..... ... ... .. .. ...... ....... ...
........... ... 14.11
Final Payment and Acceptance .._.,,
.... 14.13-14.14
general,,._,,.,,,.,,,,,.,,,-
8.3, 14
.Partial Utilization,
14.10
Retainage..... ..... ._.... ........ ..............................
4.2.
Review of Applications for
Progress Payments ................ ....
...........14.4-14.7
prompt payment .................... ........ .......
.............. 8.3
Schedule of Values - - .- -
14.1
Substantial Completion, ._,._ ......................14.8-14.9
Waiver of Claims
14.15
when payments due ...........
.... 14 4, 14.13
withholding payment. .. .......................
14.7
Performance Bonds ............................................
5.1-5.2
Permits :....... .:.:: . .. - ........
_. ....:. 6.13
Petroleum-- - -
-
defmition of .......................................................
L30
general...... ...... _.................................................
4.5
OWNER'S responsibility for ...____ ...................
8.10
Physical. Conditions --
Drawings of, in a relating to .........................
.2.1.2
ENGINEER's review,
4.2:4
existing structures .......... ,. ........................
... 4.2.2
general4,2.1 2 ...............................................
Notice of Differing Subsurface or; ..................
4.23
Possible Contract Docum enls Change............
Possible Price: and Times Adjustments..
_:..4.2.5
4.2.6
Reports and Drawings... ... ...............4.2.1
Subsurface and .... ................ _.................
.... _.... 42
Subsurface Conditions,_.. ........................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized..........,,. _:.,,.....
4.2.2
Underground Facilities--.
general........................................................
4.3
Not Shown .orIndicaedI.............................
412
Protection of ...................... ....... ...........
4.3, 6.20
Article or Paragraph
Number
Shown, or Indicated
4.3.1
Technical Data.............::.
,Preconswction'Conference... _. ..... .. ..... _ _
_....,_.........2.8
:Preliminary Matters,,,, ....
.j2
Preliminary Schedules ......................................
2-.6
:Premises, Use of.;,.,, ......... ,
, , ... 6.16-6.18
Price, Change of Contract ............. ............
. .........I I
'Price, Contract --definition of:_:_.._
.......:....... 1.11
,Progress Payment,.Applications for.... _.......
__ ......... 14.2
Progress Payment--retainage...................................
14.2
. Progress schedule, CONTRACTOR's
2:6. 2.8, 2.9,
................................. 6.6. 6.29, 10A, 15.2.1
Project --definition of._..._.........._..._...._
............... 1.31
.Project Representative-=
ENGINEER's Status During Construction_...._-_.
9.3
Project Representative; Resident --definition of... ........ 1:33
prompt payment by'OWNGR..... _.. ,
........ ....... 8.3
Property Insurance --
Additional......_
:..._.. ........5.7
general5.6-5. 10
Partial Utilization................................5.15,
14A0.2
receipt and application of proceeds .............
5.12-5.13
Protection, Safety and..,..,,.,, ................ _. ....... _6.20-621,
113.2.
Punch list
14.11
RadioactiveMateria 1--
defmlion of ...:..:..:::...:.............:..........:.
.. 1.32
gencral4.5
.
'OWNER'S responsibility for ...... ........................
.10
Recommendation of Payment.._._.......... 14.4,
14.5, 14. 13
,Record. Documents... ......................
6.19, 14.12
Records; procedures for maintaining. .... ......
...... ..... ?.8
Reference Points., ..... ....... ... _
.......... _,4A
.Reference to Standards and.Specificaiions
_
of Technical Societies........................
..........
...... 3.3
Regulations,Laws and(or) ............................
...........6. 14
,Rejecting Defective Work... ..... ...... .....................
_9.6
Related Work --
atsite _.:... ..:...:....:............:.p.... -...:........._..
7.1-7.3
Performed prior tc Shop Drawings
and Samplessubmittals review....................6.28
Remedies, cumulative .,......
_,..,,,,,17.4, 17.5
,Removal or Correction ofDefective Work.
............... 13.11
.rental agreements, OWNER approval required., „11.4.5.3
replacement of ENGINTEER, by OWNER ..
...............:.. 8.2
,Reporting and Resolving
Discrepancies ................................ 2.5,
3.3.2, 6. 14.2
Reports--
"andDrawings...
; 4:2.1
and Tests, OWNER's responsibility .........
.....8.4_
'.Resident and Project Representative--
definition of , ........................................
_...... _...1.33
provisionfor... .........................................................9.3
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
.Article or. Paragraph
Number
R6Sdent,Supermtendcnt, CONTRACTORS',,,,,,,,,,,,,,, 6.2
Responsibilities -
CONTRA CTORs-in general ........ .. ...... ....... 6
ENiOHITREI(s-in general.... ........ ................
,Limitations.011: .......
.............. 9.13
QVJNFR's-in general,., ..... ..........
...8
Retainage ..............
...14.2
Reuse of Docurn ents, ... .......... ......
... -.3.7
Review by CONTRACTOR 'Shop Drawings
and Samples Prior to Submittal..
Review of Applications'for
Progress Payments .......
14.4-14,7
Right to an adjustri ant .......
....... 10.2
Rightsof Way ...... ............... ....................................
4.1
Royalties, Patent Fees and
6A2
Safe Structural Loading ... ............ J ...................
:618
Safety --
and Protection,;;,,
4.3.2, 6.16, 6.18,
.............. ............... 6.20-6.21,
7.2, 13.2
general ............. . ..... ................
6.20-6.,23
Representative, CONTRACTORS ........
.... fi.21
samples --
definition of:_.._..
..... 1.34
general .... ......
6 24-6.28
Review by CONTRACTOR,'
6.25
Review by ENGINEER,,.,,,,,, I ...............
6.,27
related Work
%6.28
subm ittal of. ... I ... I ...................
........ ... 6.24.2
submittal procedures,._,....,.,..,._,._
.................. 6.25
Schedule of progress..
2.6, 2.8-19, 6.6,
........................... .......
Schedule of Shop Drawing and Sample
Submittals
19-29, 6 4-6.28
Schedule ofValues, ............
2. 61 2:8-121.91 14, 1
scheduleis--
Adherence to
Adjusting .......
6,6
Change of Contract Time§.,, ........ ...............
.10.4
Initially Acceptable .... ....................
...... 2:8,119 1
Preliminary........... .............................................
2.6
Scope of Changes
10.3-10.4
Subsurface Conditions ...
2.1.1
Shop Drawings:-
m-4
and .Samples'. general ...... .......................
Change Orders & Applications for
Payments,and ..............
............ 9.7-9.9
.
definition of
1.35
ENGINEFRs approval of
3.6.2
ENGINEERS responsibility
for review_._„_....._ ....... ...........
..... 9.7, 6.24-6.28
related Work ................ .............. ............
........ 0.28
review procedures ......... ..............
2.8, 6.2476J8
Article or Paragraph
Number
submittal required,;,-,,..... .........
. ..... -.. -.6.24 1
Submittal Procedures
6.25
use to approve substitutions * ..............................6.
.73
Shown or Indicated..... ..... ...........
Site Access
7.2, 112
Site Cleanliness
- 6.17
;Site, Visits to --
by ENGINEER ...............................
.....92, 13.2
byothers ............................ I .......
............. ....... 13,2
11specialeauses cifloss" policy form,
insurance.
5 6'. 2
definition of ....................................................
1.36
Specificdtions--
defination of
1.36
......... ....................
of Technical Societies, reference
......... ...........
to. ........... 3.11
precedence ................................
....... .
.Standards and Specifications
of Technical Societies., ........ ......
...... ,..3.3
Starting Construction, Before ......
........... 2.5-2.8
Starling the Work .....................................................
2.4
Stop or Suspend Work --
by CONTRACTOR.... ......
.............. .... 15 'S
by OWNER ............... ......................
98, 1110, 15.1
Storage of materials and equipment:...._,
....1-4.1, 7.2
.Structural Loading, Safety, ..........
...... 18
.Subcontractor --
Concerning ..........................
................. 6.8-6.11
definition of..... ... ..........................
..... 1-37
delays................................ ............................
12.3
waiver of rights -
6,11
Subcontractors --in general
6.8-6.11
Subcontracts --required. provisions
.511, 6. 11, 11 A3
Subm itals--
Applications for Paym, ent ... .......
. ................. 140
.Maintenance and Operation Manuals
I
.... .......... 14.12
Procedures ........... .............. I ...........
I ............... 6.25
Progress Schedules, ........
.2.6, 2.9
Samples ......................... ..........................
6�24-6.28
Schedule of Values
Values._.
- '2-6,14.1
..... ... ....
Schedule of Shop Drawings and Samples,
-
Submissions,,,,,,,
-2.6, 2 8-2,9
Shop Drawings ... ........................
........... 6:24-6.28
Substantial Completion --
certification of
6.3023, 14.8-14.9
definition of
Substitute Construction Methods or Procedures— ... 6:7;2
Substitutes and "Or Equal" Items ..... .............
I ........... 61.
CONTRACTORs Expense ........
........... 6.7.1.3
'ENGINEER's Evaluation..,., ....
...... - ,.63.3
"Or -Equal" ................ .............
.......... 6.7.1.1
Substitute Construction Methods
EJCDC GENERAL CONDITIONS 1910.8 (19910 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00520
WORK ORDER AGREEMENT
THIS WORK ORDER AGREEMENT is dated as of the 19 day of December in the year of 2014
and shall be effective on the date this WORK ORDER AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Musco Sports Lighting LLC (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in- consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only a part is defined as the construction of the Work Order #2
under 7657 Athletic Field Lighting.
ARTICLE 2. ENGINEER
The Project has been designed by Musco Sports Lighting. 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 by March 30, 2015, after the
date when the Contract Times commence to run as provided in the General
Conditions and completed and ready for Final Payment and Acceptance in
accordance with the General Conditions by April 30, 2015, 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 Work Order 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:
One Hundred Fiftv Dollars ($150) for each calendar day or fraction
thereof that expires after the March 30, 2015 deadline for Substantial
Completion of the Work until the Work is Substantially Complete.
2) Final Acceptance:
Article or Paragraph
Number
or Procedures ......................
' 6.7.2
Substitute Items .............................................
6:7.1:2
,Subsurface and Physical Conditions --
Drawings of. in or relatng to, ,--_....
.,43,1:2
ENGINEER's Review
4.2.4
general.:.... -..
,..._4.2
Limited Reliance byCONTRACTOR
Authorized, ... ....._............ _.......................
4.2.2
Notice of Differing Subsurface .or-
Phys_cal Conditions ........................... _............'.4.2:3
Physical Conditions."....... ,....,...
".".,...4.2.1.2
Possible Contract Documents Change,,.
42:5
Possible Price andTimesAdjustments.".""."."."..,.4.2.6
Reports and Drawings,.... I ,.,.,."..
Subsurface and
42,
Subsurface Conditions at the Site ...................
4-2.1.1
Technical Data
4.2.2
Supervision--
'
CONTRACTOR's responsibility_._.
6,1
OWNER shall not supervise"""",".".""".""""...."""."..._".
8.9
ENGINEER shall not supervise---....._...
9.2, 9.13.2
I Superintendence........... _......... _. _... __.. _...
_.... _..... 6.2
Superintendent, CONTRACTOR's resid_en("."."""."""""".6.2
Supplemental costs -
11.4.5
Supplementary Conditions-
-dermition of, .................................. ........
_.....1.39
principal references to.." .............. 1.10,
1-.18, 2.2, 2.7,
__... ......_4.2, 43, 5.1, 5.33A4 5.6-5.9,
....... "... - .... 5.11, 6.8. 6.13, 7.4, 8,11, 93, 9.10
Supplementing Contract Documents,.",-,."."
.. --,;-,
Supplier —
definition of .......................................................
.40.
principal references to".... 3 7, 6:5; 6
8 6711, 6:2Q
6.24, 913, 14.12
Waiver of Rights ................................................ .-
.11
Surcty--
consent to final payment" ..._14:12,
14,14
ENGINEER has no duty:tq--,..,,
Notification o................................... 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 ... ........ ............
_ 75.1
OWNER May Terminate;,
15.2-15.4
Taxes --Payment by CONTRACTOR...... ...:.:..:.".......0.15
--......_._
Technical Data--
. _ .
Limited Reliance by CONTRACTOR'""
"-."4.2.2
Possible Price. and Times Adjustments...............4.
.26
Reports. of Differing, Subsurface and
Physical Conditions.............
...","4.23
xiv
Temporary construction facilities.... I ........................ 4.1
Article'or Paragraph.
Number
Termination --
by CONTRACTOR ....__....._ ............................
15.5..
by OWNER ........................ .......
....... 8.8, 15.1-15.4
of ENGINEER's employment."..............................
.2
Suspension of Work-in general' ........................
15
Terms and Adjectives ,;. �,.;...
__;".,.......
Tests and Inspections—
Access to the Work, by:others .... "......".._"......
.... 32
CONTRACTORS responsibilities
.-_.... ...13.5
cost of 13.4
covering Work prior to.......,..
...,..,.", 13.6-13.7
Laws and Regulations (or)..
_. 13.5
Notice. of Defects, ".,,._",,...,_,."...."„".."......
OWNER May Stop Work:.....
....-_... _ 13.10
....... ...
OWNER's independent testing .........................."A
special, required by ENGINEER
9�6
timely notice required,,
134
Uncovering the Work, at ENGINEER's
request..,.,_,... _......,..... _....._.......
_... _... 13:8-13:9
Times--
Adjusting..........................................................
6.6
Change of Contract",... ...............
_ .. ... "..-
Computation of .............. ........._......_...:...._.....
17.2
Contract Times --definition of - -
.,, .. _,._L12
day...................__............_......._........,..17.2.2
Milestones ...........................................................
12
Requirements --
appeals,,,,,,,,,,, ,,,
....... ....... 9.10, 16
clarifications,
claims and disputes":",.
1, 1L2, 12
Commencement of Contract Times.-..." .......2.3.
Preconstruction Conference."."".".."."......."."...,.
2.8
schedules,",., ...........................
2;612 9, 6.6
Starting the Work ,",".................................
2A
Title;, Warranty of.............
.................. 14.3
Uncovering Work,,,,
��13.8-13i9
Underground Facilities, Physical Conditions
definition of ........................... _........_..._........
1.41
Not Shown,or Indicated
'4.3.2
.protection of..............................................
4 3, 6 20
'Shown or Indicated ,
,.__..........4.3.1
Unit Rice Work --
claims
.".._".."__.1.1.9.3
definition of ....................................................
L42
general11.9; 1,0, 14.5
Unit Prices--
generall1.3.1
Determination for.--,",
9.10
Use of Premises""."",...".".""-..._.".""".
6.16, 6.18, 6.30.2.4
Utility owners,,,,,, 6.13,'6.20,-7.1-7.3, 13.2
Utilization, Partial,,,,,,,, ... 1.28, 5.15, 6.30.2.4, 14:10
Value of the Work,,,,
Values, Schedule o(„ „ , „ , , , ,.
...2 6,.2.8-2.9, 14.1
E1CDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
- -
adCITY OF FORT COLLINS MODIFTCATfONS (REV 9/99)
Variations in Work —Minor
Authorized.. .... ........... ................. __6.25; 6.27; 9.5
Article or Paragraph
Number,
Visits to Sitezby ENGINEER ....................................
9.2
Waiver of Claims—ort Final Payment,,,,,,,,,,,,,,,,,,,,,
4.15'
Waiver'of Rights by insured parties ... .........
.... 5A 1, 6.11
Warranty'and Guarantee, General —by
CONTRACTOR........_.: ................
........ 6.30
Warranty of Title, CONITRACTORs..._,..,
1.4.3
Work —
Access to
__13.2
by others,
7
Changesin the .....................................................
10
Continuing the .................................................6.29
CONTRACTOR May Stop Work
or Terminate
15.5
Coordination of
7.4
Costof the ....................................
1,5
definition of
.......... 1.43
neglected by CONTRACTOR ............
..... 13.14
other Work
7
OWNER MajSf6p Work.-.. .......
......... ... 13'10
OWNER May Suspend Work ..........
... 13. io'15.1
Related, Work at Site...... ......
........ 7; 1 -7.3
Starting the.........._ ..........................
............... 2.4
Stopping by CONTRACTOR....:_ :.........
..........
Stopping by OWNER. .................
:...15.1-15.4
Variation and deviation authorized,:minor,,,,,,,,,,,
3.6
Work Change Directive --
claims pursuant to .............................................
10.2
de,finition,of
..... ........ 1.44
principal refere_n*ce*'s to** ............3.5.3,10.1-10.2
Written Amendment--
definition of.. ...........................................
. ... 1.1.45
principal references to, ... .. ....... I . 10, 3.5, 5. 1 0,'l 5�. 12,
........ ...... 6.62, 682619,
10A, 10 4,
...................I..._... 11.2. 12.1.
13.12.2,14.7.2
Written Clarifications and
Interpretations.,,.,,.,,.„_.,::;::,,,,
4, 9.11
Written Notice Required--
by'CONTRACTOR ............. _ ......
7.1,'910-9.11,
*.
10.4,11.2, 12.1
by Ow��i......... I ........ 9. li)-9. 11,
10.4, 112, 13.14
xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ CITY_OF FORT COLLINS MODIFICATIONS (REV 9199)
GENERAL CONDITIONS
ARTICLE' 1--DEFINITIONS
Wherever used in these General Conditions orin the other
Contract Documents the following terms have the
'meanings indicated which are applicable. to both the
singular and plum] thereof.
1.1. Addeirda--Written or graphic .instruments :issued
prior to the opening of.n d, which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.1 Agreement The'written contract between OWNER
and CONTRACTOR covering•the Work to be performed,
other, Contract Documents are m ached(to the Agreement
and made apart thereof as provided therein.:
1:3. Application, for Payment —Thee form accepted by
ENG INE-ER 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 materialthat contains more than. one
'percent asbestos and is friable or is releasing asbestos fibers
into the' air above ci rrent action levels established.by the
United States Occupational Safety 'and Health
-Administration.
1.5. Bid --The offer or proposalofbidder submitted
on the prescribed form.setung-forth the prices for the Work
to be performed:
1.6. Biddin* Doctoments-The advertisement or
invitation to. Bid, instructions.to bidders, the Bid form, and
the proposed Contract Documen& (including all Addenda
issued prior to receipt of Bids),
I.R. Bidcfing� 'Requirements --The advertisement or
invitation to Bid, instructions to bidders,;and the Bid form:.
1:8. Bonds -Performance: and Payment bonds and other
instruinehts of security'.
1.9. _ Charge Order —A document recommended by
ENGINEER, which is signed by '.CONTRACTOR and
OWNER and authorizes an addition,: deletion or. revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
,Agreement.
1.10. Contract. Documents=The.. Agreement, .Addenda
(which pertain to the Contract. Documents),
CONTRACT'OR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to, the Agreement,. the Notice to; Proceed, the
Bonds, these General Conditions; the Supplementary
Conditions, the, Specifications and the Drawings as the
.EJCDC GENERAL CONDITIONS 1910-8 (1990 EAtim)
wt CITY OF FORT COLLINS MODIFICATIONS (REV 42000).
Same are more specifically identifiedin'the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives,. Field Orders and INGWEER's
written interpretations and clarifications issued pursuant to
partgtaphs3.5; 3.6.1 and 3.6.3-on or after the Effective
Date of the Agreement. Shop Drawmg submittals
approved pursuant to paragraphs"626 and 6.27 and the
.reports and drawings referred to ui paragraphs 42.1 "and
4.2.2.are not Contract Documents.
111, Contract Price —The moneys payable by
OWNER. to CONTRACTOR: for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions. of
paragraph 11.9.1. in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement (i) to achieve Substantial
Completion, and (ii) to complete the. Work so tha ills
ready for final payment as evidenced by ENGINEER's
writtenrecommendation of final payment in accordance
with paragraph 14.13''
1.13. CONTRACTOR --The persoix.frrm or.corporation
with whom OWNER has entered into the_Agreement
1.14, &fective An adjective which When modifying
the word Work refers to Work ihaf is unsatisfactory; faulty
or deficient in that it does not conform to theContract
Documents, a. does not meet the requirements of any
inspection, reference standard, test or approval referreeto
;inthe Contract Documents, a has been damaged prior to
ENGINEER'S recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER ai Substantial Completion in accordance with
paragraph 14'.8 or'14.10).
1.15. Drawings -The drawings which show the scope,
extent and character of the Work to be furnished and
perfumed by CONTRACTOR and which have been
prepared or approved by ENGINEER and,ke referrer]to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the. Agreement -The date
indicated in the Agreement on which it becomes effective,
but if no such date -is indicated it means the date on, which
the Agreement is sighed and delivered by the last of the.
two parties to sign and deliver. "
1.11. ENGINEER —The person, firm or corporation
named as such m the Agreement.
118. ')ENGINFER's Consultant —A person, firm or
:corporation having a contract with'ENGINEER to furnish
"services as ENGINEER's independent professional
associate or consultant with respect to the Projectind who.
is identified as such in the. Supplementary Condtions.
1.19.. Field Order —A written order issued by
ENGINEER which orders minor'changes'in the. Work. in
accordance with pamgmph 9.5but which does not involve
a change in the ContractPrice or the Contract Tunes.
1.20. General Requirements —Sections of Division 1. of
the Specifications.
1.21. Hazardontr ll'asle-The tern Hazardous Waste_ shall
.have the meaning provided in Section I,004 of the Solid
Waste,Disposal AG (421JSC Section 6903)'as amended
from time to time..
122.a. Laws and Regulations; Laws or Regulations --Any
and all .applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies;
agencies, authorities and courts havingjurisdictioa
122h. Legal Holidays--shall be those holidays observed
by the City of Fort Collins.
1.23. liens --Liens,. ,charges, security interests or
encumbrances upon Teal property or personal property:
1.24. Mileslone--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. No6ce�ofAward—A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the, apparent successful bidder With the conditions
,precedent enumerated therein, within the time specified,
OWNER will sign and deliver theAgreement.
1.26. Notice to Proceed -A written notice:,.given by
.. _ _
OWNER to CONTRACTOR (with'a copy to ENGINEER)
fixing the date on which, the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OH'NFR-The. ,public body or authority,
corporation, association, firm or person with 'whom
CONTRACTOR has entered into the Agreement and for
Whom the Work is to be provided
1.28. Partial Utilization —Use by "OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a .related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1,30, Petroleum -Petroleum, including, crude .oil or any.
fraction thereof which is liquid at standard conditions of
icmpcmture and pressure (60 'degrees Fahrenheit and
14.7pounds' per square inch absolute), such as oil,
;pctrolcum,fuel oil, oil sludge, oil refuse; gasoline, kerosene
and oil mixed with other non -Hazardous Wastes mid crude
oils.
1.31, Project —The total construction of which the Work
to be provided under the Contract Docuunentsmay be the
whole, or a part as indicated elsewhere in the Contract
'Documents.
1:32.a. Radioactive Material —Source,. special nuclear; or
byproduct material as defined by the Atomic Energy. Act of
EJCDC GENERAL CONDITIONS 19108.(1990 MUM)
a/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
1954 (42USC Section 2011 at .sea) as amended from
time to time.
1:32.b. Regular lVorldnz Holes -Regular working.hours
are defmod. as T00am to &00M .unless otherwise
specified in the General Requirements.
1.33., Resident Paiject Representative —The authorised
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples -Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work willbe
judged.
1.35., Shop Drawings --All drawings, diagrams,
illustrations, schedules and other data;or information
which 'are specifically prepared or assembled by or.',for
'CONTRACTTOR and submitted by CONTRACTOR. to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the 'Contract
Documents consisting of written technical descripnons'of
materials, equipment, construction sysiems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto..
1.37. Subcontraclor---An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site:
1.38. Substantial Completion --The Work (or a
specified Felt thereof) has. progressed to the point where,
in .the opinion of ENGINEER as evidenced by
ENGINEER's definitive .certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized .for the purposes for which it is
intended; or if no such certificate isissued, when the
Work * is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and 'substantially
'completed" as applied to all or part of -the Work refer to
SubstantialCompletion thereof.
1.39. Supplementary Conditions -The part of .the
Contract Documents which amends ;or supplements,tnese,
General Conditiow.
140. Supplier —A. manufacturer; fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or,equipment to be incorporated in the.
Work by CONTRACTOR or any Subcontractor.
1.41... 'Underground Facilities —All_ pipelines,_ conduits,
.ducts, cables, wires, manholes, vaults, .tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to funush.any of -the following services or
materials: electricity, gases, .steam, ,liquid. petroleum
,products,' telephone or .other :communications, cable
television, sewage,and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work. to be paid for on thc,basis
of unit prices.
1.43. Work --The 'entire completed construction or the.
various separately identifiable_ parts thereof required to be
furnished under the Contract Documents. 'Work includes
and is -the result of .performing or ,f rr fishing labor and
furnishing and incorporating materials and equipment into
the construction, and perfonning or furnishing services and
furnishing documents, all as requiredby the Contract
Documents.
L44. ,Work Change Directive —A written directive to
CONTRACTOR, issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding. to differing or unforeseen
'physical conditions under which the Work is to be
performed as provided in paragraph4.2 a 43 or to
emergencies under paragraph,6.23. A. Work Change
Directive will not change the Contract Price or.the.Contract
Times, but :is .evidence that the parties expect that the
change directed or documented by a Work Change
,Directive will be 'incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect; if any, on the Contract Price or; Contract Times as
provided in paragraph 10.2..
1,45. Written Amendment --A written' amendment' of the
Contract Documents," signed by OWNER and
CONTRACTOR on or .after the Effective Date of the
.Agreement and normally dealing with the nonengineering
or nontechnical rather than 'strictly construction -related
aspects of the Contract Documents.
ARTICLE2—PRELIMINARY MATTERS
Dehvery,ofBon ds._
2.1. When 'CONTRACTOR, delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents;
2.2. OWNER shall furnish to CONTRACTOR.up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are. reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request; at the cost of reproduction.
Commencement of Contract.Times;,Notice to Proceed
23. The Contract Times will commence to run'on the
'thirtieth day after the Effective Date of the Agreement, or,
EICDC GENERAL CONDITIONS 1910-8 (199p Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
if a Nonce to Proceed is given, on the day indicated in the
Notice to:proceed. A Notice to Proceed maybe given at
any,timewithin thirty, days after the.ElfectiveDate'ofthe
Agreement...,_ _,: a e..t d :ie T:_ecommence to
of Bid opening
CT ' :: T...
.:
aftlie
eheversearlier-
Starting the Work:
2.4 CONTRACTOR shall, start. to perform the Work
on the date when the Contract Times commence to run,
but no Work;shall be done at the site prior to the date on
which the Contract Times commence to run.
Before Starting Contraction:
2.5 Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the.
'Contract Documents. and check and verify pertinent
figures shown thereon .and all applicable field
measurements., CONTRACTOR shall promptly report in
wntmg IO.ENGINEER-any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover, and
shall "obtain a written interpretation'or clarification from,
ENGINEER before proceeding with:any Work affected
thereby, However, CONTRACTOR shall not be hable'to
:OWNER or ENGINEER for failure to report anyconflict;
:error; ambiguity .or discrepancy , in the 'Contract
Documents, unless CONTRACTOR knew -or reasonably
should have known thereof.
2.6. 'Within .ten days.. after ,the Effective Date of the
Agreement.:(unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review;
2.6.1. a preliminary, progress schedule indicating
the times:(numbersof days or dates) for starting;and
completing the various'stagesof: the Work; including
any N ilestonesspecifred in the Contract Documents;
a preliminary schedule of Shop Drawing. and
Sample submittals which will list :each required
submittal and the tunes for submitting; reviewing and
-processing such submittal;
2i6.2.1._ In. no. case.. Will a. schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer,
2.6.3. A preliminary schedule�of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as� the basis for progress payments
during construction. Such prices willinclude an
appropriate amount of overhead and profit, applicable
to each item of Work.
23. Before. any. Work at the site is started,
"CONTRACTOR a ' "„a —." I—E"""'shall each deliver to the
ether OVINE with copies to easFr-additienet-iiawred
ENGINEER
certificates of insurance ;(and 'other evidence of insurance
reasonably r quest _requested by OWNERI which
CONTRACTOR and OWNER Fespe6tively are is required
'to .purchase and maintain in ,accordance with
.paragraphs 5;45.6and"c"c7
Preconsiraetion Conference:
2.8. "Within twenty days alter the Contract Times start to
run; but before any Work at the site is started, a conference
attended by CONTRACTOR ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
Submittals processing Applications for Payments and
maintaining required records.
Initially Acceptable Scherhder
2.9. Unless otherwise provided in the Contract
Dwuments, at'm-least-ten
before anv work at the site be ins,
a conference attended by CONTRACTOR ENGINEER
and others as apprepriate desi a(. d by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules' submitted in accordance with
pamgmph2.6. and Division 1 - General Requirements:
CONTRACTOR shall have an additional ten days to make
corrections and adjustments, and to;complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules aresubmittedto and
acceptable to ENGINEER as provided below. The
.progress schedule will be, acceptable to, ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
:ENGINEER responsibility for the sequencing ,scheduling
or progress of'the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
're sponability'therefor. CONTRACTOR'S schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a "workable arrangement for
.reviewing and processing the required submittals
CONTRACTORS schedule of values will oe acceptable to
ENGINEER as to form and substance.
ARTICLE 3 'CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent
3A. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. "The Contract Documents are
complementary; what is'called for by one is as binding as_if
called for by all. The Contract .Documents will be
construed in accordance with the law of the place of the
project
3.2. It is the intent of the Contract Documentsto
EJCDC GENERAL CONDITIONS 19105 (1990 Edaiun)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/1000)
describe a fnictionally'complete Project (or pait`thereol)
to be constructed in accordance with 'the Contract
Documents. Any Weak,materials or equipment that may
reasonably be -inferred from the Contract Documents or
from prevailingcusiom or trade usage as beingrequired to
produce the intended result will, be furnished 'and
performed whether or not specifically called for. When
`words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, Such words or
phrases shall be interpreted in -accordance with that
meaning.. Clarifications and interpretations of the Contract
Documents shall be'issued by ENGINEER as: provided in
paragraph 9.4.
3.3. Reference to Standards -and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies. ..
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society,;organiration
or association, or to the Laws or Regulations of -any
governmental authority, whether such reference be
specific or by. implicatiom shall .mean the latest
Standard,, specification, manual, code 'or Laws or
Regulations in effect at the time of opening of Bids (or,
on'tke Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If during.: the performance o[the Work,
CONTRACTOR discovers any conflic% error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents -and
any provision of any such Law or Regulation
applicableto the performance of the Work or of;any-
Such ,standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph'6.5,
CONTRACTOR shall report it to ENGINEER in
writing ;at once, .and, CONTRACTOR shall not
proceed with the, Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragmpk3.5 ,or 3.6; provided however, that
CONTRACTOR shall .not be liable to OWNER or
ENGINEER for failure to report any such 'conflict, -
error, ambiguity or discrepancy" unless
CONITRACTOR knewor reasonably" should have
known thereof
3.3.3. Except as otherwise specifically stated in the
Contract Documents ,or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedencein resolving any conflict, error, ambiguity
or discrepancy between the "provisions of the Contract
Documents and:
111L the provisions of any such standard,
specification, manual, code or. instruction (whether
or not.specifically incorporated by reference in the.
Contract Documents); or
3.3:3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work. '(unless such an interpretation of the
provisions of the Contract Docirments'would result•
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction = shall be effective: to,change.the duties
and -responsibilities: of 'OWNER, CONTRACTOR or
or
any
K or any,ot I-N UINEEK's Consultants; agents or
any duty or authority to supervise or direct the
or performance of .the Work or any .duty or
o undertake responsibility inconsistent with the
of paragraph 9.13 or any other provision of the
3.4. Whenever in the Contract Documents the teens "as
ordered", "as directed", "as. requited",'as allowed", "as
approved" or terms of like effect or: import are used, or the
adjectives "reasonable", 'suitable', 'acceptable", "proper"
or"satisfactory" or adjectives of Eke effect or import are
used to :describe a requirement, direction, review or
judgment of ENGINEER'asto the Work, it is intended that
such requirement, direction, review or judgment will be
solely 'to evaluate, in geneml, ;the completed Work for
compliance with the requirements of and information inthe
Contract Documents and corifonmance with. the design
concept of the completed Project as a fanctionmg whole as
shown or indicated in the Contract Documents (onless there
is a specific statement indicating ;otherwise) The use of
any such term or adjective' shall not be effective to assigrito
.ENGINEER any duty or authority' to supervise or, direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility. contrary to, the
provisions of paragraph 9..13 or any other provision of the
Contraict Documents.
Amendingand Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the ,terms and conditions thereof in one or
more of the,following ways-
,3.5.1. a foram] Written Amendment;
3.5:2. a Change Order (pursuant to pamgmph 10.4),
or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Eddm)
w/ CITY OF FORD COLLINS MODQ7CAHONS (REV 40000)
3.5.3. a Work: Change Directive (pursuant in
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be.supplemented, and minor variations
:and dcviations;in;the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragrapli9:5),
3.6:2. ENGINEE[t's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER'swritten interpretation or
clarification (pursuant to paragraph 9.4).
Reuse ofDocumen(s
3:Z CONTRACTOR, and any Subcontractor or
-Supplier or other person or organi2ation, performing or
.furnishing any of the Work. under ,..a. direct' or indirect
contract with OWNER (i) shall not have of acquire any
title to or ownership rights in, any of the Drawings,:
Specifications or other documents (orcopies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any.of
such Drawings, Specifications, other documents or copies'
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PIIYSICAL CONDITIONS;.
REFERENCE POINTS
Availabigty of Lvids:
furnish as indicated in the Coit
upon which the Work is to
use
to comply in performing the Work. .Easements for
permanent structures or, permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in; the 'Contract ,Documents. If
CONTRACTOR and OWNER -are unable to agree on
entitlement to or the'. amount or extent of any adjustments
in the Contract Price a the Contract Times as a result of
any,delay in OWNF.R's furnishing,these.lands, rights -of -
'way' a easements, CONTRACTOR may make:a. claim
therefor as provided in Articles 11 and-12.
5
CONTRACTOR shalt provide Tor. all additional lands and
access thereto .that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface'andPlipical Conditions.,-
4.2.1. Reports mid Draiwngs.: Reference is made to
the Supplementary Conditions for identification of
42.1:1. Subsurface Conditions. Those reports of
explorations and tests of subsurface conditions at;or
contiguous to the site that have been utilized by
ENGINEER in preparing the:%Contract Documents;
and
4.2.1.2. Physical. Conditions. Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at a contiguous to the site
(except Underground Facilities) that havebeen
utilized by ENGINEER in preparing the Contract
Docmtcnts.
4.2.2. Limited Reliance by CONTRACTOR Authorized -
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "techmcal data" contained in such
reports and drawings, but such reports arid drawings are riot
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques; _sequences and
procedures of construction to be employed by
-CONTRACTOR and safety precautions and
programs incident thereto, or
4.2:2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated to such drawings; or
4.2.2.3. any CONTRACTOR interpretation of
or conclusiomdmwn-from any "technical data" or
any such data, interpretations, opinions or
information.
42.3. Notice of Differing Subsurface or Physical
Conditions: If .CONTRACTOR believes that any
subsurface or physical condition at or contiguous tothe'site
that is uncovered or revealed either:-
-4.2:3.1. is ofsuch 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 ia matenally inaccurate, or
4:2:3.2. is of such a nature as to require a
change in the Contmct Documents, or
41..3.3. differs materially from that shown or
EJCDC GENERAL' CONDITIONS 191041 G990 EIddam
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000j
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall,- promptly immediately after
becoming aware thereof .and before, further.. disturbing
conditions affected thereby or performing any Work in
connection. therewith (except in an emergency as
permitted by paragraph 6;23), notify OWNER and
ENGINEER in wnttng about such condition.
CONTRACTOR.shall:notfurther. disturb such conditions
or,perform any Work in connection therewith:(except ;as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER'S Review: ENGINEER will
promptly,teview thepertinent conditions, determine the
necessity of OWNER'S obtaining additional exploration or
tests with respect thereto and advise OWNER in,writing
(with a copy to CONTRACTOR) of ENGINEER'S
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that p change in the Contract
Documents is required as a result of a condition that meets
one -or more of the categories in paragraph.4.2.3, a Work
Change Directive or a Change Order will be issued as*
provided in Article 10 to reflect .and -document the
consequences of such change.
4:2.6. Possible Price and Times. A,#ustments: An
equitable adjustment in the Contract Price or in the
Contract Times, -or both, will beallowed to the extent that
the existence of such uncovered or revealed :condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance oC the Work; subject,
however, to the following:.
4.2.6.1. such condition must meet any me or
more of the, categories, described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2:6.2 a change in the Contract Documents
pursuant to 'paragraph 4 2 5' will not be an
automatic authorization of nor a condition
Precedent to entitlement to any such adjustment;
4.2.6.3 with respect to Work that is paid. for
on a Unit Price Basis; any adjustmentin Contract
Price will be subject to the "provisions of
paragraphs 9.10 and 11.9;and
4.2.6.4: CONTRACTOR shall act be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6A.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR ,made a final
commitment to OWNER in respect of
Contract Price and Contract. Times by the.
submission of s bid or becoming ,bound
under a negotiated contract; or
4.2.6.4.2„ the existence of such
'conditioncould reasonably have been
discovered or revealed As a result of my
examination, investigation, exploration,
test or study of the site and contiguous.
areas required by the Bidding
Requirements or Contract Documents to be.
conducted by or for CONTRACTOR prior'
to CONTRACTOR's making such final
commitment, or
,4.2.6.4.3. CONTRACTOR failed to
givetbi written notice within the time and
as required by paragraph 4.2:3.
1f "OWNER, and CONTRACTOR are unable to agree, on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 land 12. However, OWNER, ENGINEER and
ENGINEERS I Consultants' shall not be liable Ito
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR onorin connection with any
4.3. Physical Conditions —Underground Facilities:
4.3.1. Showmorindicated: Theinformation and data
shown or indicated, in .the Contract. Documents' with
respect to existing, :Underground Facilities at or
contiguous to the,site is basedon information and data
furnished to OWNER or ENGINEER by the 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
re"sporisible for the accuracy or completeness of any
such information or data; and
43A:2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
.shall have full responsibilityTor: (i) reviewing and
'checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in. me
.Contract Documents,(iu) coordination of the Work
with the owners of such Underground Facilities
during construction, ,and, (iv) the safety and
protection of .all such Underground Facilities as
provided in pamgraph6.20 and repairing any
damage thereto resulting from the Work. "
4.3.2. Not.Slioun or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was. not ',shown. or indicated 'in the
Contract Docummis, CONTRACTOR shall, promgNy
immediately after becoming aware "thereof and.before
further disturbing conditions affected thereby or
perform ing,any Work-in connection therewith (except.
in an emergency as required by ,paragmrpli6.23),
identify+the owner of such Underground Facility and
_EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed um)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000).
give written notice to that owner and to OWNER'and
.ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent, if
any; to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of'the Underground Facility. If
'ENGINEER. concludes that a changeinthe Contract/
Documents is required,.a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document,such consequences. During
such time, • CONTRACTOR 'shall he responsible' for
'the ,safety and ,protection. of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shall may be allowed an Increase In
the Contract Price .or an extension of the Contract
Times,; or both,'to the extent that they are attributable
-toihe existence of any Underground Facility that was
not shown or indicated in'the Contract Documents
and that CONTRACTOR, did niotAnow of and could
not reasonably have been expected to be aware of or
to haveanticipated. df OWNER and CONTRACTOR
are unable to'agree on entitlement to or the amount or
length. of any such" adjustment -in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor. asprovideifin Articles 11 and 12 However,
OWNER„ ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
MY claims, costs; losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project;
Reference Points;
•4.4._ OWNER shall :provide ,engineering surveys to,
establish reference points for construction 'which in
ENGINEEWs " 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"ebarges'or relocations without
the prior written approval of OWNER CONTRACTOR
'shall report to ENGINEERwhenever any reference point
is '.lost or destroyed or requires relocation because of
necessary changes in grades or .locations, and shall be
responsible for the, accurate replacement or relocation of
,such "reference points by professionally qualified
personnel "
4.5. Asbestos, PCBs, Petroleum; Hazardous Waste or
Radioad" Material: "
4.5.1. OWNER shall be responsible for any
Asbestos, 'PCBs, Pcuolcum, Hazardous" Write or
Radioactive Material uncovered or revealed ai the site
which was not shown of indicated in Drawings or
Specifications or identified in the Contract
,Documents'tobe within the"scope of the Work and
which may present a substantial danger,to persons or
property exposed thereto in connection with the Work
at the site: OWNER -shall riot be responsible for any
such materials brought to the site by
CONTRACTOR, 'Subcontractors,. _ Suppliers. or
anyone else for whom CONTRACTOR. is
responsible:
After Substantial Completion, One Hundred Dollars ($100) for each
calendar day or fraction thereof that expires after the April 30, 2015
deadline 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 Thirty Seven Thousand Five Hundred Dollars ($237,500)), 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
wmc stoppage or Stich special condnims under which
Work is agreed by CONTRACTOR to be restanW,
Articles-1-1-end-12-
A C'J if .: n...'�....:.':.. ial'wlritfs.. Pieties
es.
=R!1ASTOR-dees-not-agree-te-resume eh -wet,
based an a reasonable belief it is tussafe, dees Fin
agree—to—resume-suchWeil-'.
condition or in Such affected area To be deleted
the Work., if OIA94HR and 001�JTRAGTOR emn
egreeas-te ttitlemen• to or the axno�xtent-ofen
__ „f a.: 1. i �, - r llJael, 1.2.
either-party-may-tuckro
J 12. OkVNER may have such deletePeFtim-D k perfumed by OWNERS own.
Ceiees er-o0ters in aacerda; .. •Gi,,k 7
4-5-5. The-provisions-^f..,., .....�1... n - .,..,1 �n z R
not-6tended-te-epply-to-Asbestos, PGB%-Pe
Hazrdeus-Waste-ei-Redieectiv,e-Matetigl uxee�eA
_.. _.
ethe site
EICDC GENERALCONDITIONS 1910-8 (1990 Edition)
.I CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
ARTICLE 5--BONDS AND INSURANCE
Performance Payment and 01herBonds:
5.1. ,CONTRACTOR shall famish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as secunty.for the faithful perfmnance;and
payment of all .CONfRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect.
at.least until one year alter the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise, by Laws or Regulations'and
Shall be executed by such sureties as are named in the
currentlist. of "Companies, Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
'Circular 570 (amended) by the Audit Staff., Bureau of
Government Financial ;Operations, U.S. Treasury
Department. All Bondssigned by an 'agent must be
accompanied by a certified copyofsuch 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:fo,do business is terminated in any
.state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety; both of which must be acceptable to OWNER
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and .insurance companies shall also meet such
additional requirements and qualifications as may be
.provided in the Supplementary Conditions.
_. ..
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with para¢faph 5.4. 'O"rn..�haf
COM'RACTOR's LiabiUty Immnmee:
5:4. CONTRACTOR shall purchase and maintain such
liability anduther insurance,as is; appropriate for the Work"
being: performed and :famished and as will .provide
protection'from claims set forth below.which may arise out
of or result from CONTRACTOR'S performance and.
fomishing of 4he Work and CONTRACTOR'S other
obligations under the Contract Documents, whether. itisto
be performed or .furnished by CONTRACTOR,,. any
Subcontractor or Supplier, ,or by anyone directly or
indirectly employed by any of than Io perform or'furnish
MY of the Work, or by anyonefor whose acts any of them
:may be liable:
5:4.1. claims under workers compensation, disability
benefits and other sunilar employee benefitacts;
5.4.2. claims'for damages because of bodily injury";
occupational sickness or disease, or :death of
CONTRACTOR'S employees;'
5.A3: claims fordamages because of bodily, injury;
sickness or disease; or death' of;any person other than
CONTRACTOR'S employees;.
5.4.4. claims for
a"._ a"...� nsurecl-by-customary.
a\ L.
eF gsol ooften-owisms ff .1-clirestly-".
ether reason,
5.4.5. claims for damages, other than to the Work
itself because of injury to ordestruction of tangible
property wherever located; including loss of we
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage. arising out of
the ownership,
maintenance or use of any" motor
vehicle. -
The policiesof insurance so required by this paragraph 5.4
to: be purchased and maintained shall'.
5.4.7. with respect to ins iimnoc Irequired by
paragraphs 5.4.3 through 5.4.6 inclusive :and-5.4.9,
include as additional insureds (subjectto any
customary exclusion in ,respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom'shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional inweds;
5.4.8. include: the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations; whichever is greater,
5.4.9. include completed operations insurance;
.EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
5.4.10. include :contractual Lability 'insurance
covering CONTRACTOR's indemnity obligations
under,paiagraphs 6.12,'6,16 and 6.31 througlf6.33;
5.4.11. contain,a provision or endossemenCthat the
coverage afforded:will not be cancelled, materially'
changed or renewal refused until at least thirty days'
,prior written notice has been given .to OWNERiand
CONTRACTOR and to each other additional'insured
identified in'the Supplementary Conditions to whom
acertificate. of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to .paragraph 5.3.2 will so
provide);
5.4:12. remain in effect at,least until final payment
and at all tunes thereafter when CONTRACTOR ma
be correcting, removingor replacing defective'Wak
N accordance with paragraph 13.12; and
5.4.13. with respect to completed operations
insumnce, and any insurance coverage written on a.
claims -made basis, remain ineffect fa.at.least two
years after find payment (and CONTRACTOR shall
furnish OR'NER and each other additional'
insured
identified in the Supplementary Conditions m whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter)..
097ATE-R's LiabiUty lasuraace:
5.5. In addition Yo insurance required to be provided
by CONTRACTOR under pamgmph5.4, ,OWNER, at
OWNER'S option, may ,purchase and maintain" at
OWNER's expense.OWNER's own lmbifity msuranoe,as
`will. protect OWNER against claims which may:arise from.
'operations under the. Contract Documents,
Property Insurance
:Gonditions,-e,,'r'"*;>�.".all -purchase and -maintain
prepeirty insurance 4lsaa the Werk at the�it.,a in the amount
deductible -amounts --at - ' be! nvklcd in the
'#egmetiens). Thi,-nsumnr- h-ll
CONTRACTOR —Su e
ENGwRE
entities-idemif - - itionf
eseli4whem is deemed to have an insanable intefe
endshaU-be4istedesen-insu ed;
5.6-?._ _
shall,-rit-least-moluda insurance far physical !am
damage -to -lie nr"_.. .---------
and rk mst
0
collapse, debris removal, demolition
ocemien denf
earthquakeorce ofuws d-Regule4lens;
speGit3ca:14Supplemenlary-6onditiens;
5.6.3. inelude�xpenses-incurred=4n-4ie-fepai r
hinted to fees ond GhnEgas of engineers -and
tom}
5.64. ceveFmeterielseAd-eryuryaAenFsteredatthe-site
staria
n_itirnfcn-Lung:.00rporuted the Work
provided -that- dr-mtiterials-told equijsneA[-have-been
gym
}VNER shall not be.resporisible for purchasing
ntaining' any property insurance to protect the
of CONTRACTOR Subcontractors or others in•
.if CON71 D eryuests-ur-
!policies -provided- under -perugmphs5:6 or 53, ^`- a1AiF
s'- U- °-possthL, elude-such-insurnnee nd the -coot
thereo�wdl-be harged-to--ONT-RASTOR by -appropriate
Chan !lode. 9F VlAtte.-- A...oind.--it D.-oto
-
EICDC GENERAL'CONDITIONS 19104i (1990 E fidw)
10 W CITY OF FORT COLLI M AIODIFICATIONS(REV 42000)
s:i-11.r'"r ive vf--%ghts.
'3-1-]-1-0WNE1t'er' •••,"""••T••" -tendikmi-rill
5.11.2.1. less due to bus
of us. or ffi@F
beyond-direct-physreal-�-®-_ a- �..age--to
whether -or
eny-loss: ilemage-or-consequerrn 1'i,:..:��rw_..,1 .��s
.�eragmph-5-1-1-2-shell esnt - t-t at
3A-the-eveAt-0f-paymBAFef�Qh :.--deAtQge-or,
oensequetnial lam the ifEnIFOFS Will haVO no Fig)" -of
Receipt andAppGcation of Insurance Proceeds.
5.12. Any insured loss .under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER -and made payable to OWNER as fiduciary'for the
insureds, as their interests .may appear, subject to the
requirements of_ any applicable mortgage clause .and of
parag,ph'5.13. OWNER -shall deposit in a separate
account any money so rcterved,. and "shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and'the Work and the
cost thereof covered by an appropriate-Change'Order or
5:13. :OWNER as fiduciary shallhave power to adjust
and ,settle ,tiny loss withthe insurers unless one of. the
patties m interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of�this
power. If such objection be made; OWNER as fiduciary
shallmake settlement with the insurers in accordance with
such agreement as,the parties m mterestmay,ieach If no
such agreement among the parties in interest is reached,
OWNER. as fiduciary shall adiust and settle the loss with
Acceptance of Bonds and Insurance;Option to Replace
5.14. If
OWNER has any objection to the coverage a(Torded by or
other provisions ofthe$ends. er insurance required to be.
purchased - and maintained. .by the offier -party
CONTRACTOR in accordance with Article 5:onthe . basis.
of non-cohlim ance. with .the -Contract Documents, the
the
Partial: U6G7g6on-Properly Insuran ee:
5.15. If OWNER finds it necessary to occupy or use a.
portion or portions of the Work prior to Substantial
WCOC GENERAL CONDITIONS 1910.8 (1991 Eflitiom
w/ CITY OFFORT COLLINS MODIFICATIONS (REV 4R000)
'Completion of all .the Work, such use or oaupancymay
be accomplished in accordance with paragmph�l4.10;
provided that no such use or occupancy shall commence
before the -insurers providing the property'insaarice have
acknowledged notice thereof and in .writing effected any
changes iif coverage.necessitated'thereby. The insurers
providing the property insurance shall .consent by
endarserttent on the policy' or policies, but the property
insurance shall not, be•cancelled'or permitted to lapse on
account of any such partial use or occupancy,
ARTICLE- 6=CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR 'shall supervise, inspect :and
direct the Work competently and efficiently, devoting
such attention thereto and applying. such skills :and
expertise as may be necessary'to perform the Work: in
accordance with the Contract Documents..
CONTRACTOR shall be solely responsible; for the means,
methods, techniques, sequences and procedures of
.ers in the design or spectncanon
nethod, technique, sequence.. or
n which is shown or indicatedin
by the Contract Documents.
be responsible to see that they
es accurately with�the Contract
6.2. CONTRACTOR shall keep. on the Work at all
times during its progress a competent resident
-superintendent, :who shall not,be replaced without written
;notice to OWNER and ENGINEER except tinder
extiaordmory circumstances. The superintendent will be
act on I
,ns to the
as if given to CONTRACTOR
Labor; Afaleri rls and Equipment._
6.3. CONTRACTOR shall provide competent,.
.suitably qualified personnel to survey, lay out and
construct the Work as _required by the. Contract
Documents. CONTRACTOR shall at all times maintain
good: discipline and order at the site..Excepi as.otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except. as, otherwise indicated in the Contract Documents,
:all Work at the site shall be performed during regular
working hours and. CONTRACTOR will not
..permit
overtune work or the performance of Work on Saturday,
Sunday or any legal holiday without,OWNER's: written
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials; equipment, labor,
transportation; construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary ".facilities and all other
facilities and incidentals necessaryfor, the furnishing,
performance, testing, start-up and completion of the Work.
641. Purchasing Restrictions: CONTRACTOR
'mustcomply with the City.'s purchasing; restrictions..A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk' Management
.Division or the Cav Clerk's office.
6.4.2. Cement Restrictions: .City or Fort Collins
Resolution 91-121 requires [hat suppliers end producers
ofeementor products containing -cement to certify that
the cementwas not made in cement kilns that bum
.hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall'expressly
nmto the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shallfamish 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
,Progress Saedule:
6.6. CONTRACTOR shall 'adhere to the progress
schedule established in accordance with paragraph 2.9: as. it
may be ;adjusted from time to time as provided below:
6.6i1. CONTRACTOR sliall submit to ENGINEER
for acceptance (to the extent indicated ,in
paragraph2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform -generally
to the progress schedule then in effect and additionally
will 'comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments it the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of"paragraph 12.1. Such adjustments may only. be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Subsitirutes and "Or -Equal" Items:
6.7.1-. _ Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the time of a
particular Supplier, .the specification or description is
intended to establish the type, 'function and 'quality
required. Unless 'the specification or description
EJCDC GENERAL CONDITIONS 1910.8 (1990 Erbtica
12 w( CITY OF FORT COLLINS MODIFICATIONS(REV4)2000)
contains or is followed by words reading that no;like ,
equivalent or "'or -equal" item or no .substitution is
permitted, other items of material or iequipment or
:material or equipment ofother-Suppliersmay be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. 'OF -Equal": If, in .ENGINEER's sole
discretion an 'item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, -it may
be considered ,by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item .may, in ENGINEER's sole
discretion, be accomplished'without compliance
with some or ,all of the requirements 'for
acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole,
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under suboaradauh 6.7.1.1. it
or equipment proposed.is;essentially equivalent to
that named and an acceptable substitute therefor.
The procedure,for review by the ENGINEER will
'include the following as supplemented in the
General Requirements and as ENGINEER .may
decide is appropriate under the circumstances.
Requests for review of proposed.substitute items
of material or equipineht.will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
famish or use a substitute item of material or
equipment,. CONTRACTOR shall first make.
written application to ENGINEER'for acceptance
'thereof, certifying that the, proposed substitutemill
perform adequately""the flrictions.and achieve the,
'results called for by the general design, be similar
in substance to that specified and be suitedto -the
same use as that specified The, application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice- CONTRACTOR's achievement of,
Substamial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require ,a change in any of the Contract
Documents (or in the provisions of any: other
direct contract with OWNER 'for work on the
Project), to adapt the design to the proposed
substitute and whether or not incorporation or use
of,the substitute in;connection with the Work is
subject,to payment of any he'ewe fee or. royalty.,
All variations of the proposed substitute.ffom that
specified will be identified in the application}and
available maintenance, repair and replacement
.service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will.result directly or -indirectly from
acceptance of such -substitute, including costs of
redesign and claims of other contractors affected
by the resulting change, all of which ,will be
.considered by ENGINEER in evaluating the.
proposed substitute ENGINEER may require
Finnish to Fish additional data .about
the proposed. substitute.
6.7.1.3. CON RACTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or equal' or substitute item will be at.
:CONTRACTOR's expense.
67:2: , Substitute Construction ,Methods or
Procedures: If a specific means, method, technique,
'sequence or:procedure of construction is shown or
indicated in and expressly; required by theContract,
Documents, CONTRACTOR may famish or utilize a
substitute means, .method, technique, sequence, ,or
procedure of construction acceptable to ENGINEER.
allow ENGINEER in ENGINEER's,sole discretion, to
.determine that the substitute proposedisequivalent4c,
that expressly called for by the -Contract Documents:
The procedure for review by ,ENGINEER .will be
similzrlo that provided in subparagraph 6 7 1 2
.6.7.3. Engineer's Evaluation:, ENGINEER will be
allowed a Has onablc time within which to evaluate
each ;proposal or submittal made pursuant to
a Gharmc Order or an
CONTRACTOR to, furnish at CONTRACTOR's.
:expense a special performance guarantee ,or other'
surety with respect to any "orequal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER'S Consultants .in
evaluating substitutes proposed or ,submitted by
CONTRACTOR pursuant to paragraphs 6:7.1.2 `and
67.2 and in making changes in the Contract
Documents (or in the provisionsof any other direct
contract with OWNER for work on the Project)
.occasioned thereby._ Whether or not ENGINEER.
accepts a substitute item so prop6,sed or submitted by
'CONTRACTOR; CONTRACTOR shall reimburse
OWNER :for the: charges, of ENGINEER and
ENGINEERS Consultants for evaluating each such
6_8. Concerning Subcontractors, Suppliers .and
Others:
6.8..1. CONTRACTOR .shall not employ. any
Subcontractor, Supplier or other person or organization
(including,, those acceptable to OWNER and
ENGINEER astindicated in pamgraph 6 8 2); Whether
initially or as a substitute;: against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall.not be required to employ any
Subcontractor, Supplier or other person or organization
to famish or,perform any of the. Work against_ whom
CONTRACTOR has reasonable obiection.
EICDC GENERAL CONDITIONS 1910-8 (1990 Editi.)
wt CITY OF FORT COLLINS MODIFICATIONS (REV42000)
6.9
:CONTRACTOR shall perform not.. less. -than -20.
'percent of the Work with its .own forces' (that is
whllou'.nbcontmd0Wcenrequrement
derstinT2hthe .
value
whichtotals not less than 20 percent of.the'Contract
pride
6.82 if 4ae Suppi�_ Bidding.
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who .are to furnish the
principal. items of materials or equipment) to be
submitted to OWNER
date nriorito the Effective Date of the -A> cement for
ENGINEER of.any such Sul
other person a organization s
of any right of OWNER or
defective Work.
6.9.1. CONTRACTOR•shal
OWNER and ENGINEER: fa
of the Subcontractors, .Suppl
andorgaruzations performing
Work under a direct or `
CONTRACTOR just as
responsible for CONTRAC'
omissions. Nothing in,the'Co
create for the benefit of an
Supplier or other person
contractual relationship ta
;ENGINEER and any such Sul
other person:or'.orgarization,.
obligation on the cart of OWI
a waiver
to reject
TOR is
acts :and
cents shall.
:ontmcter,
tion any
NER or
of -any moneys -due ;any
:r or other person or
therwise. be required by
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 furnishng any of the
,Work under a direct .or indirect contract with
CONTRACTOR 'CONTRACTOR shall require all.
Subcontractors, Suppliers and such-otherpersons and
organizations performing or furmshmg any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specificatiom and
the identifications_ of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors. or Suppliers or delineating the Work to be
performed by any, specific trade.
6.11, All Work perfoiined for.CONTRACTOR by'a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically .binds the
Subcontractor or Supplier to, the applicable terms and
conditions of the Contract Documerts for the benefit of
OWNER and ENGINEER Whena��ysuc�-agr�,ni,
Is-wnh-a-s hsted-as-an
� of c -the agreement Imo em the
080tOF OF Stippliff Mill
Patent Fees: And Royatties:
6.12. :CONTRACTOR shall ,pay all license feesand
royalties and assume all costs incident to the use in'the
performance ofthe Work or the incorporation in tfieMork.
of any invention, design, process, product or device which
is the subiect of patent ri¢las or copyrights held by others:
OWNERor
ENGINEER its use nssubject to patent rights
or copyrights calling for the; paymetttof any license fee or
royalty to others, the existence of such nghts shall be
disclosed by.OWNER: in the. Contract Documents. To the
fullest, extent -permitted by I;aws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directofs, employees; agents and other consultants
of. each and any, of them from and against all claims, costs,
losses and damages arising out: of or resulting from: any
infringement of patent rights or copyrights incident to the
use in.the performance of the Work or resulting from the
incorporation. -in the Work :of any 'invention, :design,
process,. product or device not specified in the Contract.
'Documents.
E1CDC GENERALCONDITIONS 1910E (1990 Edai6n)
14 w/ CITY OF FORT COLLINS MODIFICA nONS(REV 42000)
permits.,
613 Unless otherwise_ provided in the `Supplementary
Conditions, CONTRACTOR shall obtain and pay for all.
construction permits and licenses. OWNER shall- assist
:CONTRACTOR, 'when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and ;inspection fees necessary, .for
the prosecution of the Work; which are applicable at they
time of opening of Bids, or, if there aremo Bids, on .the.
Effective Date of the Agreement CONTRACTOR shall
'pay, all charges of utility,ownersfor connections tothe
Work, and.OWNER shall pay, all charges of such utility
owners for capital costs related thereto such as ,.plant
,investment fees.
6.14. Laws andRegalatiom.
6.14.1. CONTRACTOR shall give: all notices and
comply with all Laws and Regulations'appllcable to
furnishing and performance of the Work. Except
wha6 otherwise expressly required by applicable
Laws and Regulations, neither 'OWNER :nor
,ENGINEER :shall be responsible for monitoring.
CONTRACTOR's ,compliance with any Lawsor
kegulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to.Laws or Regulations, CONTRACTOR shall :bear
allclaims, costs, losses and damages ,caused, by,
arising out of or resulting therefrom; however, it shall
not be CONPRACTOR's primary responsibility to
make certain that the_Specificatioas and Drawings me
in accordance with Laws and Regulations, but
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 33 2.
Tares
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 isexempt$om-Colorado,,Stateand
local_ sales and use 'taxes onmaterials to_, be
pennanently incorbo atedrnto the-broiect Said taxes
shall not be included r theCorr I Price.
Address:
Colorado Department of Revenue
.State Capital Annex
1375 Sherman Street
Denver, Colorado 80261
Sales. andUseTaxes for the:State, of:Colcrado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by . the .Stale of
Colorado and are included in the "Certification of
Exemption.
All applicable'.. Sales and Use Taxes (including State
collected taxes),-:onany'.items other than construction
and buildinematerials physically incorporated into the
protect are to be vaid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Premises
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials, and equipment and the
operations of workers" to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
'.rights -of -way; permits ;and 'easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the, Work; Should any claim be
'made by any such owner or occupant because of the
performance of the Work, CONTRACTOR. shall promptly
settle with such' other party by negotiation or otherwise
resolve the claun,by arbitrationor other d�u'sppute resolution
.proceeding mat law. CONTRACTOR sltall, tothefullest.
extent permitted by Lawsiand'Regulations, indemnify and
:hold harmless OWNER; ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from;and against. all claims, costs, losses and
damages 'arising out of or rewlung from any claim or
action, legator equitable; broughtbyany such owner or
occupant against OWNER, ENGINEER or any'other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOWs performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulaticns.of waste
materials; rubbish and other debris resulting from the
'Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and, debris from
and about the premises as well as all loots, appliances,
construction equipment and machinery and surplus
.materials. CONTRACTOR shall leavethesite clean and
ready for occupancy .by OWNER at Substantial
Completion of the" Work. CONTRACTOR shall restore do
original conditionall property riot designated for alteration
by the Contract Documents.
6.18. GQNTRACTOR shall not lced nor permit any part
of .any structure- to'be ,loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject.
any part of .the Work or adjacent property 10 stresses or
,pressures that will endanger it.
Record Documents:
EICDC GENERAL CONDITIONS 19104 (1990 E(fitim)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/L000)
6:19.. CONTRACTOR shall maintain in a safe place at
ahe site one record copy of all Drawings;. Specification,
..Addenda, Written Amendments, Change ;Orders, Work
Change :Directives, Field Orders and written
interpretations and clarifications (issued _ pursuant to
paragraph9.4). in good order and annotated to show all
'changes made during .construction These record
documents. together with all approved Samples and a
counterpart of all approved .Shop Drawings will be
available to: ENGINEER for. reference.. Upon completion
.Safety and Protection:
6.20:. CONTRACTOR shall be responsible for
irutiatuig,, maintaining and supervising all safety
;precautions and programs'in -.connection with the Work.
CONTRACTOR shall take all necessary -precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;;
6.202 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site,or adjacent thereto,
including 'trees, shrubs, lawns, walks, pavements,
•roadways, structures; utilities and Underground
Facilities"not designated for .removal,relocation or
.replacement in the'course of construction
CONTRACTOR shall comply with all applicable Laws
and Regulations of any, public body having jurisdiction for
safety of persons or property or to protect them from
'damage, injury or loss; and shall erect and maintain all
necessary safeguards for such 'safety .and protection.
.CONTRACTOR shall'notify owners of adjacent property
and of'Underground Facilities and utility owners when
prosecution of the Work may affect them; and shall
cooperate with them in theprotection, removal, relocation
..arid ieplacerncnt of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2'or
6.20 3 caused, directly or; indirectly, in whole or in part, by
CONTRACTOR, any, Subcontractor, :Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or fumish,any`of:the
-Work or anyone for whose acts any of them may be liable,
..shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them oranvone for whose acts anv�of them may be liable.
or
Work
or
R',
.notice'to OWNER and CONTRACTOR in accordance
.with paragraph 14.13 that the Work is acceptable (except as
6therwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR 'shall designate a "qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communicvhon Programs:
6.22. CONTRACTOR. :shall be responsible 'for
coordinating any exchange of material safety data sheets or
other hazard communication information_ required to be
,made available, to or exchanged. between or among
employers at the site in nccordance with Laws or
Regulations.
Finergeneies
6.23. Inemergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without_ special instruction or
authorization from OWNER. or ENGINEER, is obligated to
act to, prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt 'written
.notice if CONTRACTOR believes that any significant.
changes in the Work or variations from the Contract
-Documents .have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
,resporse'tosuch an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.24. Shop DrawingsandSamples.,
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.iu
the number of copies specified in the Geneml
Requirements. The dam shown on the Shop Drawings
will be complete with respect to quantities,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide 'and .to enable ENGINEER to, "review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples.to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings. and
Sample submittals. Each Sample. will . be identified
clearly to material,' Supplier; pertinent data such as
catalog numbers and the use for -which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for'thei limited
16 EJCDC GENERAL CONDITIONS 1910-8,(1990 Edidan)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
purposes ,required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submitta(Procedures:
6.25.1. 13efore submitting each Shop Drawing or
Sample, CONTRACTOR shall have detennmed:and
verified:
6:25.1A: all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25:1.2. all materials with respect to intended
use,, fabrication, stripping, handling, storage,
assembly and installation pertaining 'to the.
performance of the Work, and
6.25.1:3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction avid safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or;Sample with other
Shop Drawings and. Samples and with the
.requirements of the Work and the 'Contract
.Documents.
6.25.2. Each submittal will bear a stamp or specific
,written indication that CONTRACTOR has satisfied
CONTRACTOR's .obligations under the Contract.
.Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission„
CONTRACTOR shall give ENGINEER .'speck
written 'notice 'of such variations, if any, that the Shop
Drawing or Samplesubmitted mayhavefrom the
requirements of the Contract Documents, such notice
-to be,in a written communication separate from the
submittal; 'and, in addition, shall cause a specific
notation,to be made on each -Shop Drawing and
Sample submitted to ENGINEER for review =and
approval of each such variation:
626. ENGINEER will, review and apprmcg Shop
Drawings and Samples in accordance with the schedule of
Shop. Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by -the submittals will, after installation" or
incorporation in the Work, conform- to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as, indicated by the Contract
Documents. ENGINEERS -review and approval will not
extend to means, methods, _;techniques; sequences or
procedures of construction (except where a particular
means method, .technique, sequence or procedure of
constructi6h is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate: approval of the assembly in
'which the item .functions. CONTRACTOR shall make
corrections required by ENGINEER, Viand shall return the
•required number of corrected copies of Shop Drawings and
submit as required new Samplesforreview and. approval.
CONTRACTOR shall directspecific attention an writing to
•revisions other than, the corrections _called .for by
ENGINEER on previous submittals:
6.27. ENGINEER's "review and approval, of Shop
Drawings or Samples shallnotrelieveCONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing .called ENGINEERs attention to each such
variation 3l' the ;time' of submission as required: by
,paragraph' 6.25.3 and ENGINEER "has given written
approval of each such variation by `a speciEewritten
,notation thereof incorporated: in or accompanying the Shop
Drawing or Sample approval, nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for,complying with the requirements: of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample 1s required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions .accepted by ENGINEER as
.required by. pamgmph-2.9, any related Work performed
•prior to ENGINEER's review and approval of the pertinent
submittal will be atthe sole, expense andresponsibility of
CONTRACTOR -
Continuing the Work
6.29. CONTRACTOR shall carry, on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed or
postponed pending .resolution, of any disputes or
disagreements, except as pemihded by paragraph 15.5' or as
OWNER'and CONTRACTOR may :otherwise agrec. in
writing.
6.30. CONTRACTOR's General Wirrrantr and
Guarantee:
6.30.1:'CONTRACTOR warrantsand. guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work willbe iwaccordance with the Contract
Documents and will not be, ,defective.
CONTRACTOR'S' warranty and. guarantee hereunder
excludes defccis or damage caused by:
6.3071. abuse, modification or improper
maintenance, or operation by'persons•other than
CONTRACTOR; Subcontractors or Suppliersr or
6.30,1.2, normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall 'be absolute. None of the following
will constitute an acceptance of Work that is noUin
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edilim)
W CITY OF FORT COLLINS MODR'ICATIONS (REV 42000)
accordance with the Contract Documents or'a release
of CONTRACTOR's obligation'io perform the -Work
in accordance with the,Contract Documents:
6.30.2.1. obscrvationsby:ENGIlVEER;
6,30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. 'the issuance of a certificate of
Substantial Completion or any payment by
OWNER to'CONTRACTOR under the Contract
Documents;
6.302.4. useor occupancy of the Work or.ady
part thereof by OWNER;
6:30.2;5. any acceptance by OWNER or ;my
failure to,do so;
6:30.2.6: any review and approval of a Shop
Drawing or -Sample submittal or the issuance: of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of dfective Work by
OWNER.
Indemnlfirvtion
6.31. To the fullest extent, permitted by. Laws "and
Regulations; CONTRACTOR shall indemnify and hold
harmless OWNER,_ ENGINEER_; ENGINEE&s
Consultants and the officers, directors, employees,tagents
and other consultants of each and any ofthem from,and
.against all claims, costs; losses and damages'(including,
but not limited to, all -fees and •charges of .engineers,..
.architects; attorneys and other professiorials and all court
or arbitration or other dispute resolution costs) caused by,.
arising bout of or resulting aom the performance. of .the
Work, provided that my suck"olaim, 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 Die Work itselo, including :the loss of use
resulting therefrom, and (it) is caused in whole or -in part
by any negligent act or omission of CONTRACTOR,: any
Subcontractor, any Supplier, any person or organization
directly or; indirectly employed by any of them to perform
or.fumish any of the Work;oranyone: for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
,indemnified hereunder or whether liability is unposed
.upon such indemnified party by Laws ;and Regulations
6.32. In any and all claims ..against OWNER or
ENGINEER or any of the¢ respective consultants, agents,
officers; directors or employees by any: employee (or the
survivor orperscnal representative of such employee) of
CONTRACTOR, any Subcontractor, any ',Supplier, 'any
person or organization directly or indirectly employed by
17
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 Work Order Agreement,
CONTRACTOR makes the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, and with all local conditions and
Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of
the General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or to
supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise
may affect the cost, progress, performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Times and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.2 of the General
Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies or similar information or data are or will be required
by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of said Underground Facilities are
or will be required by CONTRACTOR in order to perform and furnish the
Work at the Contract Price, within the Contract Times and in accordance
with the other terms and conditions of the Contract Documents, including
specifically the provision of paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
any of them to perform or "furnish any of. the Work or
anyone for whose acts any of diem may be liable; the
indemnification obligation underparagraph6.31 shall not
be limited in any way by anylimitation on'the amount or
type of damages, compensation" or benefitspayable by or
for CONTIRACTOR ormy such Subcontractor, Supplier,or
other person or organization under workers' compensation
acts, disability' benefit acts or other employee benefit acts..
6.33.._The indemnification ,:obligations of
CONTRACTOR under paragraph 6'31 shall not extend to
• the liability of ENGINEER and ENGINEER's'Consta tants,
officers, directors, employees, or agents caused -:by the
professional negligence, errors or-orrissionsof any of them.
Survival of Obligations:
6.34. All representations, indemnificahons,, warranties
an(] guarantees made. in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTBIER WORK
Relater/ Work at Site:
7.1. OWNER may. perform other work related to the
Project at the site by OWNER's owrt.forces, or let other
direct contracts' therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
'performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to (CONTRACTOR
.prior to starting any such other work and
(ii) CONTRACTOR ,may .make a claim therefor as.
_provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additionaltime and the. parties
are unable to agree as tothe amount orextent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is. a party to such a direct contract and each utility
owner ,(and OWNER, if OWNER. is performing the
additional work with OWNER's employees) proper mid
safe access to the site and a reasonable opportunity for the
introduction' and storage of materials and'egtnpment and
the execution of suchother workand shall properly. connect
and coordinate the Work with theirs. Unless otherwise
;provided in the Contract Documents; CONTRACTOR
shall.do all cutting, fitting and patching of the Work that
may be. required to make its several parts come together
Properly and integrate with such other work:
CONTRACTOR shall not endanger. any -work of others by
cutting, excavating or otherwise altering .their work and
will only cut or alter their work' with' the written consent of
ENGINEER and the others whose work will beaffected.
The duties and, responsibilities of CONTRACTOR ,under
ibis paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EICDCGENERAL CONDITIONS 1910-8 (1990E(fiijm)
1s w/CITY OF FORT COLUMMODIFICATIONS(REV42000)
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 my part of
CONTRACfOR's Work depends uponwork performed
by others under, this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailableor unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure -so to. report :will
constitute an acceptance of such. other work asp fit and
proper for integration with CONTRACTOR's Work
except for latent ormonapparent defects and deficiencies
in such other work.
Coordnation
7.4. If OWNER contracts with others for the
'performance of other work on the Project.at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firmor corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific. matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responiibilities will be provided,
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTiCLF S--MMER'S RESPONSIBILITIES
9:1. Except as otherwise provided in these General
Conditions, OWNER shall issue'all communications in
.CONTRACTOR through ENGINEER.
'8.2. In case of termination of, the employment 'of
ENGINEER, OWNER shall appoint an engineer against
whom GONTRAGTOR in
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.
-8A. OWNER's duties in; respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph 4.2-refers to OWNER's identifying -
and making available to 'CONTRACTOR .copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at coMigudustn the arte;thabhave been utiliied
by ENGINEER in preparing the Contract Documents.
---s—ty and property insurance ano—set
86 OWNER s obligated to execute:Change Orders,as
indicated in; paragraph 1OA.-
87 OWNERS responsibility in respect of certain
inspections, ,tests and approvals is set forth 'in
paragraph`13.4:
8 8 In connection with OWNER's right to stop. W ork,or'
suspend Work, see paragraphs 13.10 and 15.1.
paragraph 15 2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances:
8.9. The OWNER shall riot supervise, direct or have
control or authority over; nor be responsible 'for,
or for any failure of
with' Laws and' Regulations
or nerfonnance:of the Work-.
not be responsible for CONTRACTOR'S.
an�or furnish the Work in accordance with
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER'S Represen (alive:
9 1 ENGINEER ;will be OWNER's representative
dduring the construction ,period. Thee duties and
responabitities and the limitations'. of authority of
.ENGINEER as OWNER'S representative during
construction are set forth, in the Contract Documents and
shall not be extended without;written consent of OWNER-
andENGINEER _ _- ...
Vsits to Site:
9.2. ENGINEER will make visits to the site at intervals
,appropriate; to the. various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
:EICOC GENERAL CONDITIONS 1910-8 (1990 Editiin)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000)
,that, has been made and the qualiTy of the vanous,aspeets.
:.of :CONTRACTOR's executed Work. Based on
in
will not . berequired to make exhaustive or conWuous on -
;site inspections to check the quality or quantity of the
-Work: ` ENGINEERs efforts will be directed toward
providing for.OWNER a. greater degree of confidence that
•the completed. Work will conform. generally to the:
ContiactDocuments On the; bases of such vrsits and cm -
site observations, ENGINEER will keep OWNER.
.informed of the progress of the Work and will endeavor to
,guard. OWNER against ikfecnve: Work. ENGINEER's
'visits and on -site observations are subject to all the
limitations onENGINEER's authority and responsibility
'set forth ifi,Femgraph 9.13,;and particularly, but without
limitation,.. during a as.a. resalt;of ENGINEER's on -site_,
visits or :observations of CONTRACTOR'S Weak
ENGINEER will not supervise, direct: control or have
authority over or, be 'responsible .for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety, precautions .and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing of performance of the Work:
Project Representative,..
will rilrniSn a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work: The responsibilities and authority 'and
limitations thereon of any such Resident -Project
Representative and assistants will be as provided in
,pamgmphs 9.3 and 9.13 and in " SupplementaFy
'Conditions of these General Conditions. If DOWNER
;designates another representative or agent to represent
OWNER at the site who: is not -ENGINEER' Consultant,.
.agent or employee the resppnsibilities'and authority'aiid
limitations thereon of such other, person will be as
9.3.1. The Representative's dealings in matters.
'.perainuigro the on -site work will iirecneral liewith
the ENGINEER and CONTRACTOR But the
Representative will. keep .the. OWNER properly
advised about .such matters. The Representative's
dealings with subcontractors will only be through:or
with the full knowledge and approval of :the
CONTRACTOR _
93.2: Duties and Responsibilities. Representative
will:
9.3.2.1. Schedules Review the prowess
i9
"schedule and other khedules prepared.iv the
'CONTRACTOR and consult with the
ENGINEER conceming acceptability.
9.3.2.2. Conferences -and -Meeting - Attend
meeting with the :CONTRACTOR such as
Mccomtruction conferences, progress meetings.
and... other '.job.. conferences and -.prepare and
circulate copies of minutes of meetings.
9:3:&.3 Liaison
93.2.3. 1. Serve as ENGINEER'S liaison.
with CONTRACTOR working principally
.through CONTRACTOR'S. superintendent to
assistthe CONTRACTOR in understanding,
the Contract Documents.
9.328.2: .Assist in obtainine:from'OWNER
additional details or information, when.
rewired for proper execution of the Work.
9:32:3.3: Advise the ENGINEER and
CONTRACTOR. of the commencement of
'any:WorK requiring a Shop -Drawing or
sample submission if thesubmission has. not.
.been approved by the ENGINEER
9 3.24 Review of Work. Reiection of Defective
Work Inspeetiorei and Tests -
933 4.1.. Conduct on -site: observations of
the Work -inprogrm to amist the ENGINEER
in determiniri¢, that the Work is proceeding in
.accordance with theContractDocuments.
93.2A3 Accompany visiting inspectors
reDrewnting public or other .agencies.having
imnsdiction over the Project record the results
of these .inspections and -report to the
ENGINEER.
9.12.5. 'Interpretation, of . Contract
Documents- Report to. ENGINEER' when
clarifications and interorctations of'the Contract
Documents are needed and transmit to
CONTRACTOR clarification andinterpretation
of the Contract Docurrierits.:as issued.. by. the
ENGINEER
9.32.6::. :.Modifications. Considerand
evaluate CONTRACTOR'S suggestions for
E]CDC GEITRAL'CONDITIONS 19104? (1990 EAiticn)
20 w/ CITY OF FORT COLLINS MODIFICATIONS(REV 42006)
inodification-in Drawings,or Specifications'arid
report' these recommendations :to, ENGINEER.
Aw mtely transmit to CONTRACTOR.
decisions issued by the ENGINEER:
9.31.7. Records.
9:3.2.8. Reports.
9.3.2.8.1. Fumrsh ENGINEER periodic
reports, as required, of the progress of the
Work mmd of the CONTRACTOR'S
comphance with the progress schedule and
schedule of shop Dmwineand sample
submittals.
9.3.2.8:2. Consult with ENGINEER in
'advance 'of kheduliniz major .tests
.inspections or start of importantphases of the
Work.
9.3.2.8.3. Draft proposed Change,Orders
and Wort: Directive. :Changes - obtaining
backup materialfrom the 'CONTRACTOR
and recommend ::to- :ENGINEER :Change
Orders Work Directive Charities and field
orders
9.32.8A. Report immediatelv to
ENGINEER and OWNER the occurrence of
my accident.
9329 Payment Requests. Review applications
for payment with CONTRACTORforcompliance
with the established procedure for 'their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
.the moment requested to the schedule of values,
work completed and materials anduitnent
delivered at the .site but not 'incorporated in the
Work
9.3:2.10. 'Completion.
9.32101. BeforeENGINEER issues a
'Certificate ofSubstantialCompletion submit
to CONTRACTOR a list of observed ,items
requiring correction or completion.
9.3 2 10.2. Conduct final inspection in .the
:comuanv of the ENGINEER. OWNER. and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerrune acceptance
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3A. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment unlessauthorized by the
ENGINEER:_ ...... _
9.3:3.2.. -Exceed ]imitations of ENGINEER'S
authority asset forth in the Contract Documents.
9.3:3.3. Undertake any of the responsibilities
of the CONTRACTOR:, Subcontractors. or
CONTRACTOR'S superintendent
9.3.34. Advise.. on or issue directions relative
to, or assume control over any.. aspect of .the
meads, .methods, techniques, sequences or
.procedures for .construction unlesssuch is
specifically called for in the Contract Documents.
9:33.5. Advise . on or. .'issue directions,
regarding or assume control over safety
precautions and rkoi rams in connections with the
Work
9.3.3.6. Accept Shot) 'Drawings or 'sample
Submittals. from anyone. .otherthan the
CONTRACTOR
9.3:3.7. :Authorize OWNER to occupy the
Work in whole or in part.
9.3',3.8. participate in specialized field or
laboratory tests or inspections conducted by others
'extent as specifically authorized by the
ENGINEER
Clarifications and Interpretations:
9.4. ENGINEER willissue with reasonable promptness
such written clarificationsor interpretations of the
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
at LITY OF FORT COLL[Ns MODIFICATIONS (REV 4R000)
.requirements of the Contract Documents (in the'form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of, and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
'OWNER and CONTRACTOR If OWNER a
CONTRACTORfbeheves that a writtenmlarification,or
interpretation justifies an adjustment in the Contract Price
:or the,Contract Times and the parties are unable to -agree
to the, mount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor 'as
'provided in Article l I orArticle 12.
Authorized' Variations in Work:
.. . .._
9:5, ENGINEER may authorize minor variations in
the Works from the requirements of 4he 'Contract
Documents which do not involve an adjustment in
.Contract Price or the Contract Times and are compatible.
'whole as indicated by the Contract
These may be accomplished by a Field Order
be-bmdimg on OWNER and also on.
promptly..lt OWNER or CONTRACTOR belmeves'thm a'
Field Orderjustifies as adjustment in the Contract Price or
.the: Contract Times and the, parties. are unable to agree'es:
to the amount or extent thereof, OWNER or
CONTRACTOR, may make a written claim therefor as
provided in Article: 11 or 12,
Rejecting Defective Work:
-9.6 ENGINEER will have, authority to, disapprove; or
reject Work which ENGINEER believes to be'defective,
:or that ENGINEER believes will not produce a completed
Project that conforms to, the Contract Documents a that
will prejudice_'the integrity of the design concept of the
completed Project as,a functioning whole as,indicated by
the .Contract. Documents. ENGINEER will also have
authority to require special inspection or testing of the,
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed cacompIked.
Shop Drawings, Change Orders and Payments
,9.7. In:connection,with ENGI NEER's authority as to
Shop Drawings and Samples, see pamgmphs 6.24 through
6.28 inclusive..
9.8 In connection with ENGINEERS authorityasto
Change Orders, we Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for. Payment, we Article 14.
Determinations for Unit Prices:
910. ENGINEER will determine the "actual quantities.
.and classifications of Unit Price Work performed by
CONTRACTOR ENGINEER will 'review .with
'CONTRACTOR the ENGINEER's. preliminary
determinations on such'matters'before rendering a written
decision thereon(by recommendation of an Application
21
for Payment or otherwise). ENGINEEWs;written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within tendays after the date of
any .suckt decision; either OWNER or CONTRACTOR
delivers to the other and:to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the. procedures get forth.in
.Exhibit GC -A, "Dispute Resolution Agreement", entered
into'between OWNER and CONTRACTOR pursuantTo
Article 16, or (ii) if no'such Dispute Resolution Agreement
.has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may,
.have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
_ procedures of paragraph 9.11
Decisions on Disputes:
9.11 ENGINEER will be the, initial interpreter of the
'requirements of the Contract Documents and judge of the
acceptability of the }York thereunder. Claims, disputes and
other matters relating to the acceptability of. the Work or
the interpretation :of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
'referred initially to ENGINEER in writing with;a request
for a formal decision in accordance with this, paragraph.
Written notice of each such claim, "dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in'. no event
later than thirty, days) after the start:of the occurrence or
event giving rise thereto, and written supporting data will
be'submitted to'ENGINEER and the other party within
sixty days after the start of such occurrence or eventunless
ENGINEER allows an additional period of time "for time
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days _after receipt of the claimant's last
submittal (unless ENGINEER allows additional time),
ENGINEER will render a formal decision in writing within
thirty days"aftd;regeipt of the,opposing partys submittal, if,
any, in accordance -with this paragraph. ENGINEER's.
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINTEER's decision is taken
within' thetime limits and in accordance with the
procedures set" forth in EXHIBIT GGA, "Dispute
Resolution Agreement!', entered into between OWNER and
CONTRACTOR pursuant: to.Article 16, or (ii) if no such
,Dispute, Resolution Agreement has been entered into, a
'written notice of intention to appeal from ENGINEER's
en decision is aeuverea ry IIWNBX or
[TRACTOR to'tne other and to ENGINEER within
days after the date of.such.decision and a formal,
;eding is instituted by the appealing party in a forum of
netent jurisdiction to exercise such rights or remedies
e appealing party may have with respect to such claim,
ne or other matter in'accordance with applicable Laws
Regulations within sixty days of the date of such
EICDC GENOU COND1710NS 1910-8 (1990 Edidm)
22 w/CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
decision, .unless otherwise"agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
peragmphs9.10 and 9.11, ENGINEER will not show
Partiality to'OWNER or CONTRACTOR and will nitre
.liable in connection with any interpretation or decision
tenderedin good faith in such capacity. The rendering of
a decision by. ENGINEER pursuant to paragraphs 9.10'or
9.11 with respect to any such claim, dispute or other
matter (except any which have been Iwaived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition. precedent to any
'exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under. the Contract
Documents or by Laws or Regulations in respecrof any
such claim, dispute or other matte rpdtsaenhte-.4Mel1a
9.13. Limitations on ENGINEER's Authority. and
Resparisibilities:-
9.13:1. Neither ENGINEER's authority or
'responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise'
or not exercise such authority or responsibility or the
undertaking exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty, owed by ENGINEER, to
CONTRACTOR, any Subcontractor, any Supplier,.
any other person or organiuttion,.or to any surety for
or_employeeor agent of any of them,
9.13.2. ENGINEER will not
control or have authority over or
CONTRACTOR's means, met
sequences or proceaures or consuuaton, or inesarery
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws"and
Regulations applicable to the furnishing or
,performance ofthe:Work. ENGINEER will not be.
responsible for CONTRACTOR's failure to perform
or famish the Work in accordance with the.Contract
.Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any'
Subcontractor, any. Supplier, or of any other person or
organization performing or furnishing any of the
Work
9.13.4. ENGMEER's review
for Payment and accompany
all maintenance and ooeraiine
and approvals and other documentationrequired to be
delivered by paragraph 1412 will only be to.
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests' :and approvals that the results
certified indicate compliance with, the Contraci
Documents.
9.13.5. Thelimitations upon authority and
respons ifity`set forth in thisparagraph9.13"dull also
apply to ENGINEER's Consultants, Resident Project'.
Representative and assistants.
ARTICLE 10-CHANGES IN THE WORT:
MI. Without invalidating. the Agreement and,without
notice to any surety, OWNER may, -ahany time or from
'time to time, order additions, deletions,.or revisions in the
Work, Such additions, deletions. or revisions: will be
authorized by a Written Amendment, a Change Order, or,a
Work Change, Directive. Upon feccipt ,of any such
document, CONTRACTOR shall, promptly proceed with
the Work involved which will be performed under the
applicable condrllons of the Contract Documents (except as
otherwise specifically provided):
10.2. If .OWNER and CONTRACTOR are marble to
agree as to the extent; if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed asa result -of a -Work Charge Directive,
a claim may be made therefor as provided in Article 11 or
Article 12,
10:3. 'CONTRACTOR shall not be entitled to an increase
in'the :Contract Price or an extension of the Contract Times
with respect to any Work. performed that is not required by
the Contract Documents as amended, modified and.
supplemented as provided. in paragraphs 3 5.and:3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work .as provided in
paragraph 1319.
10.4. OWNER .and CONTRACTOR shall execute
appropriate Change Orders recommended by�ENGINEER,
(or Written Amendments) covering:
10.4.1. changes in the Work which are.(i) ordered
_.. .
by OWNER pursuant to'paragmph 10:1, (i) required
because of acceptance of defective Work under
paragraph 1313 or' correcting:defeclive Work under
paragraph 13.14, or (in) agreed to by the parties
10.4.2. changes in they Contmcl:Price or Contract
Times which are agreed to by the parties; and
10.4.1 changes in the ContmctPrice a Contract
-Times which embody the substance of any written
'decision .rendered �by ENGINEER pursuant to
paragraph 9.11;
'provided that, in lieu of executingany such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of thc�Contract Document.%
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall .carry on the Work and
adhere to the progress schedule as provided 'in
,pamgmph&29. .
10.5. If notice of any change affecting the general scope
of the Workor the provisions of the Contract Documents
.E1CDC GENERAL CONDITIONS 19105 (1990 Edidw)
w! CITY OF FORT COLLINS MOD1FICATIONS (REV 4/L000)
(including, but hot limited to, Contract Price or Contract
Times)is required by the provisions of any Bond to be
given to a surety, the:, giving of any such notice will be
CONTRACTORS responsibility; and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE i1-CHANGE OF CONTRACT PRICE.
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable'
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations' assigned to or undertaken
by CONTRACTORshall be ai,CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed, by a
Change 'Order :or by a Written: Amendment. Any clan
for,an adjustment in the Contract Price shall be based on
written 2,re delivered by the party, making the claim to
-the other party and to ENGINEER promptly (but in no
;event later than thirty" days) after the ;start of the
'occurrence or event giving rise to the claim and stating the
'claim with supporting data`shall be delivered within sixty
days alier thestart of'such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more: accurate data in support: of the claim)
and shall be ;accompanied by cla_imanes writtenstatement
that the adjustment claimed covers all known amounts 6
which the claimant is entitled as a result .of said
Foccurrence or event All claims for adjustment. in the
Conirect Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER 'and
CONIRACTOR:cannot otherwise-agree'on the amount
involved. No claim for an adjustment in the Contract
Price will be validif not submitted in accordance with this
paragraph 11.2.
11.3.. The .value of any Work covered by a Change
Order or of any claim for'an adjustment in the Contract.
Rice will be determined as follows:
1163..1. wheretheV6rk involved is covered by unit
prices contained in the Contract Documents, by
application of such unit .prices .to the quantities of the
items involved (subject to the provisions of
23
Paragraphs 11.9.1 through 11.9.3, inclusive);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by'a
mutually agreed paymrent-basis; including lump sum
(which may includean allowance for overhead and
profit not necessarily 'in accordance with
Paragraph 11.62);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to ,a lump sum is not, reached under
"paragraph 11.3.2, on the basisof the Cost of the,Work
(detennmed as provided in paragraphs 11.4'and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph, 11.6).
Cost of the Work.
11.4. The term 'Cost 'of the Work means the -sum ,of all
costsnecessarily-incurred and paid by CONTRACTOR in
the proper performance of the Work Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts an higher than those prevailing in the
locality of .the Project,, shall include only the following
items and shall not include any of the costs itemized'in
paragraph 11.5:
11.4.1.Payroll,;costs for -employees, in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job, classifications agreed
upon by OWNER and CONTRACTOR. Such
employees. shall include without limitation
superintendents; foremen and other personnel
employed full-time at the site. Payroll costs for
employees mot employed full-time on the Work shall
be ;appbrtimed on the basis of their time spenton the
Work. Payroll costs shall include;kat-not be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions;
unemployment, .excise and payroll taxes,workers'
compensation, health End retirement benefits,—barwse5;
applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday; Sunday or legal holidays,
shall lie includ_cd in the abovetothe; extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith All cash
discounts shall accrue to 'CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials 'and equipment shall accrue to
OWNER; -and CONTRACTOR shall make provisions
so thattheymay "be obtained
11,4.3. Payments made, by 'CONTRACTOR to the
Subcontractors for Work performed or famished by
Subcontractors. If required by DOWNER,
Eic cENMAtrcolDinorst91os"p990 EmGan)
24 w/CnoFFonTeou.ti MODIetcanorlstxEv4noaoj
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable io OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
-ENGINEER, which bids, if any, will be accepted, If
any subcontract provides. that the Subcontractor ,is to
be paid on the basis of Cost.of-the Work plus it fee;
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR'S
Cost of the Work and fee as provided in
,paragraphsllA 1.1.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions or
the Contract Documents insofar as applicable.
11"A.4. Costs of special consultants,(including but
notlimited to engineers, architects, testing
laboratories, surveyors, attorneys. and accountants)
employed for services specifically related to the
Work
1IA.5. Supplemental costs including the following:
11.4.5.1: The proportion' of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's 'employees incurred .in
discharge of duties connected with the Work.
11:4:5 2: Cost, including transportation and
maintenance, of all materials, ".supplies,
equipment, 'machinery; 'appliances, off -ice and
temporary facilities at the site and hand tools not
owned by the workers, which ere consumed in the
performance of the Work, and cost less market
value of such'items used but not consumed which
remain the property of CONTRACTOR
11.4.53 Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the.
"costs of .transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements The rental of my such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11 A.5.4. Sales, consumer; use or similar taxes
related to ,the Work, and for which
CONTRACTOR is liable, imposed by Laws'and
Regulations.
11 A.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of thernmay be liable,"ani,royalty payments and
fees for permits and licenses.
114.5.6. Losses and. damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the.
"Performance and 'furnishing of the Work (except`
dosses and damages within the deductible amounts
ofpropertyinsurance established by OWNER in
accordance with paragraph'5.9), provided .they
have resulted from causes other than the:
negligence of CONTRACTOR„ any
Sulawntraclor,::or, anyone .directly or indirectly
employed by any of them or for whose acts; any of
them may be .liable Such losses shall include.
settlements made with the written consent and
approval of OWNER No such losses, damages
andexpenses shall be included in the -Cost of the
Work for the purpose of determining
.CONTRACTOR's fee: If, however; any. such loss.
or" damagerequires reconstruction and
CONTRACTOR is placed in charge thereof,
,CONTRACTOR "It be paidfor services a fee.
proportlonate,to that stated in paragraph 11 6.2..
11.4.5.7. The,cost of utilities, fuel and sanitary
ificilities at the site.
11.4.5$ Minor expenses such as telegrams
long distance telephone: calls, telephone,service:at,
the sitc, m expressage and similar petty cash items
'connection with the Work.
.1 . .
11.4i5.9: Cost of premiums for additional Bonds
and insurance required because oftchanges in the
Work.
11.5. The feint Cost of the Work shall not include'aHypf
the following:
11.51. Payroll costs .and other 'compensation' of:
iCONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships); general managers,
.engineers; architects,., estimators, attorneys, auditors;
accountants; purchasing and contracting agents;
expediters, fiuekeepers,clerks and other -personnel
employed by CONTRACTOR whether at the site,or:in
CONTRACTORS principal or a -branch office for
.general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in , paragraph 11.4.1 or
specifically covered by paragraph ,11.4 4 all of -which
are to be considered administrative costs covered by the
ICONTRACTORs fee.
'11.5.2. Expenses of CONTRACTORS principal and
branch offices other' than :CONTRACTORS office at
the site:
'115:3. Any part -of CONTRACTOR'S capital
expenses;including interest on CONTRACTOR'S
'capital employed for the Work :and charges :against
,CONTRACTOR fordelinquent payments.
31.5.4. Cost of premiums for all Bonds and for .all
'insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain.
.the same (except for the cost of premiums.; covered by
:subparagraph 11.4.5.9 abovO
EJCDC GENERAL CONDITIONS 1910-8 (1990 E btim)
w( CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
11 5 5 Costs due to the :negligence :of
CONTRACTOR;, any Subcontractor, or 'anyone
directly or indirectly employed`by anypf: them or for
whose acts any of them may be liable, including but
not limited to, the correction of defectrve Work„
dlsposaLof materials' or "equipment wrongly supplied
and making good any: damage to property
11.5.6. .Other overhead or general expense costs'. of.
any kind and the costs of my,item not specifically,and.
expresslyincluded in paragraph 11,4. `
116, The CONTRACTORS fee :allowed to
'CONTRACTOR for overhead :and profit shall be
,determined as follows:,
11.6, 1. a mutually acceptable fixed'fee;.or
11.6.2, if a fixed fee is notagreed upon, then a fee
based oilthe following percentages of the variousportions of the Costofthe Work:
11.62:1 for scosts incurred under
paragraphs 11.4.1 and ,11.4.2, the
CONTRACTOR's fee shall befifteen percent;
11.62.2, for .costs incurred under
paragraph 11.453, ihe.CONTRACTOR's fee shall
be. five percent;
11.6.2.3. -where :one ar more tiers of
subcontracts are ion, 'the basis of Cost, of the Work
plus a'fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11:4.2, 1143--,and
11.62 is that the Subcontractor who :actually
11.62.4 no Tee':shall be payableonthe basis
of costs itemized order paragraphs 11.4.4, 11.4.5'
and 11.5;
11 6.15 the amount of credit lobe allowed
by CONTRACTOR to:OWNER forany. change
which results'in a: net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRAC'TOR's'fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when bothladditiom And credits are
_.
involved�in any one change, the ad)us[ment;in
CONTRACTOR's fee shall be computed on the
basis of the net changein accordance with
paragraphs 1.1.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs.11 4 and 1.1.5,
CONTRACTOR- will establish and maintain records
thereof: in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cosi breakdown together with supporting data.
Cash Allowances:
1 L8.- It is understoo:that CONTRACTOR has included.
in :the "Contract Price all allowances so namedin the
Contract Documents and shall cause the Work so covered
to be fiunished and pedonned'.for such -sums as maybe
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that:
11:87: the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all. applicable. taxes; and
11.8.2. CONTRACTOR's costs :for unloading and
handling on site, labor, installation costs, overhead,
Prof
and other expenses contemplated for the
allowances have been included in;the Coritiact Price
and not m the 'allowances and no demand for
additional payment on account of any of the foregoing
will be•vedid.
.Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered,
by allowances, and the Contract Price shall be.
correspondingly: adjusted.
11.0. 'Unit Price {York:
11 9.1: Where the Contract Docaments provide that all.
or partofthe Work is to be Unitprice Work,, initially
the Contract Price will be de6nied"to include for all
Unit. Price Work an amount equal to the sum of the
of each item as indicated.in the Agreement The
estimated quantities of items of Unit Price Work" are
not guaranteed and !are solely for the, purpose of
Rice. Determinations of the actual" quantities and
classifications of "Unit Price Work performed- by
CONTRACTOR will be made by ENGINEER. in,
accordance with paragraph 9.10.
11.9.2. Eachunit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
119.3. OWNER_ or CONTRACTOR may ,make,,a
claim for an adjustment in the Contract Price in
accordance with Article 11'if:.
1Iro3.1. the quantity ofany- item of Unit Price
Work.., performed by CONTRACTOR .differs
materially :and significantly from the estimated.
'quantity ofsuch "item indicated in the Agreement;
E]CDC GENERA ''CONDITIONS 1910-8 (1990 Editima
26 w/CITY OF FORT COLLIM MODIRCATION3(REV 412000)
and
11.9.3.2. -there. is nocorresponding: adjustment
with respect to any other item of Work; and
11.9:33. ,if CONTRACTOR believes .that
CONTRACTOR is •entitled to an increase in
Contract Price as a result of having incurred
additional :expense or OWNER believes that
OWNER is entitled to a deerease:in Contract Price.
and the parties are 'unable to agree as to the
amountofany such increase ordecrease.
-11.9.3.4, ':CONTRACTOR acknowledgesthat
the OWNER has the right to add or delete items in
the Bid.or change quantities. at .OWNER'S sole
without affecting the Contract Price of
any remanung item so long- as'the delelion Of
addition does, not exceed twentv-Gve cerceat of
the original toml'Contract Price.
.ARTICLE 12-CRANGE OF CONTRACT TI21ES
12.1. The Contract Times (or Milestones) may only be
changed by a'Change Order "or;a Written Amendment.
Any claim for an adjustment of: the Contract Times (or
Mrlestones)'shall be based on written notice delivered by
the, party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nattare:of the claim. Notice
of the extent of the'claim'with supporting data shall be
:delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
.accompanied by the claimam's�written statement that the
adjustment'claimed is the entire,adjustmenf to which the
claanant has.reasoa to Believe it is.cntitled as a result of
ENGINEER in accordance with pamgraph.9.11 if
.OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment m the Contract Trines (or
lvlilestones) will be valid ifnotsubmitted in accordance
with the requirements of this paragraph 121.
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 She Work within -the Contract
Times (or Milestones); due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended. in an amount equal totimelost 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 ByOWNER, :acts or neglect of utility owners or
other contractors perform ing,other, work as contemplated
by Article 7; fires, floods, epidem ics, abnormal weather
.conditions or acts of Gad. Delays attributable. to .and
within the control of a Subcontractor or Supplier shall tie
deemed tobe delays within the control of CONTRACTOR.
. _.. .._ _..
124: Where CONTRACTOR :is prevented from
completing any part of the Work within the Contract Times
(or Milesto_ ties) due to delay, beyond the control of both
OWNER and CONTRACTOR, an extension ,of the
Contract Times'Mi (or lesam tones) m an ount aqual_to the
time lost due such delay shall be CONTRACTOR's sole.
and. exclusive remedy for such delay.. In no, eventshall
ever person or organization, or to any
oyee• or' agent of ,any of them, for
of or resulting from (i) delays caused
control of the CONTRACTOR, or
e control of both parties including; but
;floods, epidemics, abnormal weather
oil or acts or neglect by utility owners
�rfommng other work as contemplated
ARTICLE 13 TESTS AND :INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE,WORK
13.1. Notice of Defects.
Aompt ncticeof all defective Work of which 'OWNER .or
ENGINEER have actual knowledge: will be .given to
CONTRACTOR All defective.. Work may be rejected;
corrected or accepted asprovided in this Article 13.
Access to Work:
id personnel of OWNER,
>ries and governmental agencies.
will have access to the Work*n
r observation, inspecting and
shall provide ;them,proper and
access and advise them of
_._..
typrocedures and prr ograms so
Testsand Inspectioi s:
13.3. CONTRACTOR shall give ENGINEER timely
nonce of readiness of the Work for all required mspectiogs,
tests or.approvals, and shall cooperate with inspection . and
testing personnel to facilitaterequired inspections or tests.
13.4. OWNER shall employ: and pay for the services,of
an independent testing laboratory to perform all
inspections, .tests, or approvals required by the Contract.
Documents except
13.4.. for inspections, testsor approvals covered
by paragraph 13.5 below;
13 4,1 that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13' 9
EXEC GENERAL CONDITIONS 19.10.8 (1990 EAIia )
w/ CITY OF trou COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in, said
paragraph-13.9;, and :
13 4 3. as otherwise specifically provided in the
Contract Documents.
the Work.
13.6. If any Work (or the workof others) that is'to be
,inspected, Tested or approved is covered by
'CONTRACTOR 'without written commence of
ENGINEER, it must, if requested, by ENGINEER, be;
uncovered for: observation.
13.7. Uncovering Work, as.provided,in paragraph 116
shall be at CONTRACTOR's ,expense unless
'CONTRACTOR has given, ENGINEER. timely notice:of
.CONTRACTOR's intention to :cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
uncovering .Work:
13.8. If any Work is covered contrary to the written
request o6 ENGINEER;, it must, if requested by
ENGINEER, be uncovered for ENGINEERS obser4ah6n
jandreplacedatCONTRACTORs expense.
Work,. be observed. by ENGINEER, or
tested by •others, CONTRACTOR, at
ati6n, inspection or testing as
that portion of the Work in
imessarylabor, material and
'that such Work is ckfectrve,
7 all iclaims- costs.. lossesand
and of satisfactory replacement of reconstructioq
(including-but,not limited to all costs ofrepair or
replacement of work. of others); and OWNER shall be
entitled to as appropriate decrease in the Contract. Price;
and, if: theparties are unable to. agree as: to the amount
;thereof,' may make a claim therefor as provided in
Article 11. If;. however, such Work is not found to be
defective,; CONTRACTOR shall be allowed an increase in.
the Contract Price or an: extension of the Contract Times
,(or. Milestones), or both, directly attributable to such
27
ARTICLE 8.
7.1 The Contract Documents which comprise the entire Work Order 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 Work Order 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;:
N/A
The Contract Drawings shall be stamped "Final for Construction" and
dated. Any revisions made shall be clearly identified and,dated,,.
7.4. Addenda Numbers N/A to N/A, 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 in
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.
MISCELLANEOUS
8.1. Terms used in this Work Order 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,
uncovering exposure, observation, inspection,. testing,
replacement and reconstruction; and, if the .parties are
unable to agree as to the amount a extent thereof;
CONTRACTOR may make a claim therefor as provided in
,Articles II and 12.
OWNER -May Stop the Work:
13.10., If the Work is defective,. or CONTRACTOR fails
to:supply sufficient skilled workers or suitable: materials or
Documents, OWNER may order CONTRACTOR. to:"stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to,stop the Work shall not give rise to any duty on the: part'
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party,
Correction or Removal of Defective Work:
13.11., If required by'ENGINEER, CONTRACTOR shall
promptly, as directed, cilher correct 'all defectiveWork;
whether or -at
installed or completed, or, if the
Work tins been rejected by ENGINEER, remove if from the
site and replace it with Work thal is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting. from such correction or
,removal (including. but notlimited to. allcosts. of repair or
.replacement of work of others),
13.12. Correction Period
2.1. If within one-year two years after the date of
,tantialCompletion or such longer period of time as
be prescribed by Laws -or Regulations or by the
s of any applicable special guarantee required. by
,ontract Documents or by any specific provision of
Contract Documents, :any Work is found to be
7tive_ CONTRACTOR shallmromotly_ without cost
been rejected by OWNER remove it from the site and
replace it with Work that is not:' defective, and (ii)
;of such instructions, or
oemy wouia cause serious nsie or ions or mange,
OWNER may haveAc defective' Work corrected or the
rejected. Work removed and replaced, and :all "claims,
costs, losses and damages caused by orresulting-from
such removal and replacement (including but -not
limited to allcosts of repair or replacement of workof
others) will be paid by CONTRACTOR
13.12.2. In. special 'circumstances where a particular
item of equipment is placed in, continuous ..service
before Substantial Completion of all the Work; the
correction period for that item may start to run from an
'earlier -date if so provided in the Specifications or by
Written Amendment.
13.12.3, Where defective Work (and damage to other
UMCGENERAL'CONDITIONS 191" (1990EAilim)
28 w/CITY OF FORT COLLIM MODIFICATIONS(REV42000j
Work resulting, therefrom) has been corrected,
removed or replaced under this paragraph 13.12; the
correction period hereunder with respectto such Work
will be ezJended for. an additional period of one-year
two. Year after such correction or removal and
replacement has been satisfactorily completed..
Acceptance of Defective Work.-
13.13. If, instead of requiring c
replacement of defective Work;.
ENGINEER's recommendation
ENGINEER) prefers to accept i
'CONTRACTOR. shall pay all (
damages :attributable to OWNI
'determination to accept suchaefe.
be approved by ENGINEER as tt
,such " acceptance occurs pr
recommendation of final payment
issued incorporating the irece
'Contract -Documents. with resp
OWNER "shall be entitled to an at
as provided in. Article;l 1,
such recommendation, an
by CONTRACTOR t6O"
prior to
at, also
i do so.
s sand
of .and
costs to
to
to the Work; and
)riate decrease in the
finable to agree as to
akea claim therefor
eptance occurs after
amount will be paid
0JVNF.R May Correct Defective Work-,
13.14. If CONTRACTOR fails within a reasonable: time
.after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance withiperagmpk 13.11„or if
CONTRACTOR fails toperform the Work,in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may; after seven days' written'
.notice to CONTRACTOR,.correct and remedy any such
deficiency. In exercising the rights and remedies under
this naraerimh OWNER shall urocced a5ireditiously. In
all or, part" of the Work; and
services related thereto, .take
of
'stored at the site or for "which OWNER has .paid
CONTRACTOR but which are stored elsewhere.
-CONTRACTOR "shall allow OWNER, OWNER's
representatives, agents and employees,. OWNER's :other
contractors; and ENGINEER ,and ENGINEER's
Consultants ;access to the, site to enable OWNER to
lexercise the rights and remedies under this paragraph All
claims, costs,lasses and damages incurred'or sustained by
OWNER in.exercising"such rights and remedies will be
charged against CONTRACTOR and a.Change Order will
be issued incorporating :the necessary revisions in the
Contract Docum ents, with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price; and; if the parties are unable to. agree as to
the amount thereof, OWNER may make a claim, therefor
as provided in: Article 11. Such claims, costs, losseis.and
damages will include but not be limited to all costs of ,recommendation of payment
repair or replacement :of work - of :others destroyed or to OWNER, or return the AF
damaged by correction, removal or replacement of: indicating in writing ENGIN
CONTRACTOR's defective Work CONTRACTOR shall. recommend payment. In the
not be allowed an extension of the ;Contract Times, (or may_make the :necessary c
.Milestones) because of any delay in performance of the Application. Ten days'
Work attributable to the exercise by OWNER of OWNER's. Application,for Payment to
rights and remedies hereunder. 'recommendation, the amour
ARTICLEI4- PAYMENTS TO CONTRACTOR AND
COMPLETION -...... _. A...,
Schedule ofYalues
141. The schedule ofvalues established as provided,in
paragraph 2.9 wdfserve-as.the:basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER: Progress payments on
account lof Unit Price Work will be based on the number of
units completed
Application for Progress Payment
14.2. At least twenty, days before the date established For
each progress payment (but not more often than once .a
.month);; CONTRACTOR, shall submit to, ENGINEER for
review an Application for. Payment. filled out and signed by
CONTRACTOR covering the Work completed.as of the:
date of the Application and accompanied by such
supporting, documenmtion'as is required by the Contracb
Documents: If -payment; is requested on the basis of
materialsand equipment notincorporated in the Work --but;
CONTRACTOR'S Warranty of -Tide.,
14.3. CONTRACTOR warrants and giamantees-that title
to .all Work, materials and equipment, covered by any
.Application for ,Payment, whether incorporated in the
Projector not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review.ofAppGrafions for Progress Paymertf:
144 ENGINEER will, within ten days after receipt of
each. Application for Payment,: either indicate. in writing a.
E1CDC GENERAL CONDITIONS 1910-8 (1990 Eou-)
w/CITY OF. FORT COLLINS MODIFICATIONS (REV 42000)
become due,and when due ,will be paid
CONTRACTOR.
145. ENGINEERS recommendation of any payment
--
requestedinan Application for Payment willconstitute a
representation by ENGINEER to 'OWNER, based on
ENGINEER's on -site observationsof the exewtedWork
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment'and
the accompanying data and schedules; that to,the beat of
ENGINEER's knowledge; information and belief.
145.1, the Work has progressed to the. point
indicated,
1452, 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 Ire results
of any subsequent. tests .called .for in' the 'Contract
Documents, to a final determination of quantities and
classifications for ;Unit Price Work under
paragraph 9. 10, and .toany other qualifications"stated,
in the recommendation): and
14.5:3, the :conditions precedent to
CONTRACTOR's„being _entitled to such payment
appear to have been fulfilled insofar as it is,
.ENGIlQEERs responsibility to observe the Work.
However, "by' recommending .any such payment
ENGINEER will not thereby tie deemed to have:
represented that ,(i) exhaustive or continuous on -'site
.inspections have been.madePto check the. quality, or the
quantity of the Work Beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or'(u) that there may not be other mattersor
issues between the ;parties that :might entitle
CONTRACTOR to be. paid Additionally by OWNER. or
... ..
'entitle OWNER to withhold payment toCONTRACTOR-
not,
;es or procedures of construction, or
ms and programs incident thereto; or
JONTRACTOR to comply with Laws,
,applicable to ,the furnishing or
Work, or for any failure of
to perform or furnish Work in
Contract Documents.
14.7.. ENGINEER may refuse to recommend the whole
,or any part of any payment if inININ GEERs opwon,it
would be incorrect to make the representations to:
29
OWNER referred to in paragiph 14 5. ENGINEER may'
also refuse to recommend mysuchpayment, or, because of
subsequently discovered evidence, or the results of
subsequent inspections or tests, nullify any such payment
previously, recommended, to such exient as may be
necessary in ENGINEERS opinion to protect OWNER.
from loss because:
14.7.1 the Work is defective, or,completedWork has
been dam aged requiring correction or replacement,
14.7.2, the Contract Price has been reduced. by
Written Amendment or Change Order,
14.7i3, OWNER has been required, to correct.
defective Work or complete Work ih accordance with
paragraph 13.14,:or
'14.7.4. ENGINEER has actual knowledge, of the
occurrence of any of the events enumerated in
paragraphs] 5.21 through:15.2.4 inclusive..
OWNER, may refuse to make payment of the full amount
recommended by ENGINEER because: '
14.7.5. claims have:been"made against OWNER on
account of CONTRACTOR s performance or, furmshuig
of the:Work, "
14.7.6. Liens have been filed in connection with the
Work, except where 'CONTRACTOR has.dehvered a
specific .Bond satisfactory to OWNER to .secure- the
.satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a.set-
,off against the amount recommended, or
14.7.8. OWNER has ,:actual knowledge of the
occurrence of .any of the' 'events enumerated in
paragraphs 14 7.1 through 14.7.3 or paragraphs 15.2.1
through.15:2.4 tncluside;.
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
4o by OWNER and CONTRACTOR, when
CONTRACTOR corrects to. OWNER's satisfaction the
reasons forsuch'action.
Substanfial Completion..
14.8. When'CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER andENGINEER in writing that the entire Work
is substantially complete (except for items specifically
fisted by CONTRACTOR as incomplete) and request that
ENGINEER
issue'a certificate of Substantial Completion
"Within "a seasonable time thereafter; OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the-Work'to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify' CONTRACTOR in
writing; giving the reasons therefor. If ENGINEER
EJCDC GENERAL' CONDITIONS'1910-8 (1990 Edition)
30 w/ CITY OF FORT COLLINS MODIFICATIONS 0TV420001
.considers:the Work substantially complete, ENGINEER
will prepare and deliver to OWNER'a tentative certificate -
of Substantial Completion which shall fix the date of
Substantial Completion. There'shatl be attached to the
certificate a tentative.list,of items to be'completed or
corrected before final payment OWNER shall have seven
'days after receipt :ofthe tentafive'certificate during which
to make written objection, to ENGINEER as ,to any
provisions of the certificate or attached list If, after
considering such objections, ENGINEER concludes that
the Work is'not substantially complete;. ENGINEER will
within fourteen days after :submission of the tentative.
reasons
)rmdeis the Work
will within said
to OWNER and
consideration of any objections from OWNER. At the
time of delivery of the tentatwe'cerfificate of Substantial
Completion ENGINEER will deliver toOWNER :and
CONTRACTOR a writtenrecommendationas to division
of responsibilities pending final, payment between
OWNER and CONTRACTOR with respect to, security„
operation, safety, maintenance, heat, utilities,., insurance
and warranties and guarantees. Unless OWNER and
"CONTRACTOR agreeotherwise in writing and so inform
.ENGINEER in writing prior to ENGINEERS issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment
14.9.. OWNER -shallhave the right to exclude
CONTRACTOR. from the Work after the date of
Substantial Completion,... but OWNER shall -allow
'CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial'Ufiliwtion:
1410. Use by.'OWNER at ORNER's option of .any
substantially completed part of the Work, which :.(i)'has
specifically lice_ n identified in the Contract Documents, or
(u).OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the,
Work that scan' be used by OWNER for its intended
,purpose. without _significant interference with
CONTRACTOR's'performance of the remainder of the
Work„ :may be accomplished prior to Substantial
Completion of all the Work subject to the following:
1410.1.OWNER at any time may :request
CONTRACTOR. in writing to permit OWNER to use'
any such part of the Work which OWNER believes to.
be ready, for its "intended use and substantially
complete. If CONTRACTORagreesthat such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER andENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue 'a certificate of Substantial
.. , _-
Completion ,for that part of the Work.
e may. notify OWNER and 4o furnish such a release or receipt in full,
CONTRACTORconsiders CONTRACTOR may famish a,Bond or.other collateral
ready for its intendedusesatisfactory, to OWNER .to indemnify ,OWNER.. against
rid request ENGINEER to 'any Lien. Releases or'waivers of liens and the consent of
intial Completion for that: .the surety to finalize payment are to "be submitted on
eascnable time after eitheir forms'corrfomine to the formal of the OWNERS standard
'CONTRACTOR and formsbound in the Project manual.
inspection of that pert of
status of completion. If Final'Payment:andAcceptance:
fen that part of the. W orkto
me worn -To. oe suostannally complete, me provisions
-..ana accompanying cocumentaron as requirea oy me
of paragraphs 14..8 and 14.9 will apply with resIxet to
Contract Documents,. -ENGINEER is: satisfied that the,
certification ofSubstantial Completion of that part of
'Work has .been completed. and CONTRACTORS other
the. Work and the division of responsibdity,in respect
obligations; under the Contract ;Documents have been
thereof and access thereto.
fulfilled, ENGINEER will, within tegdays; after receipt of
the final -Application+for Payment, indicate in writing
1410.2, ation o part
e0arateor
occupoaccomplished
ENGINEER's recommendation of payment and present
of the WorkNo
be compliance
to
the Application to OWNER for payment At the same
with the requirementsof paragraph`5 15 in respectof
timeENGINEER will also gwe writterr notice to OWNER
property insurance:
a d,CONTRACTOR that the Work isacceplable subject
.to the provisions of paragraph 14.15. Otherwise,
Fin al lnspeeiion:
ENGINEER will "return the ,Application to'
.CONTRACTOR; indicating in writing the reasons for
14 11 Upon NCTiftef notice from CONTRACTOR that the
'refusing to. recommend final payment in which case
entire.. Work or an .agreed portion thereof jS complete,
.CONTRACTOR shall -make the necessary corrections and
.ENGINEER will make a final:inspection with.OWNER
.resubmit the: Application. Thirty days afterpresenta'tionto
and CONTRACTOR' and will notify CONTRACTOR in.
OWNER of - the Application and :accompanying
of all pehicularsin which this .mspection.reveals
:documentation. inappropriate form :and substance and
rwntir
that Work is incomplete or defective. CONTRACTOR
With ENGINEERS recommendation and notice of
shall 'immediately'take such measures as;are necessary to
acceptability, the amount,recommended by ENGINEER
complete suchwork or remedy such deficiencies.
will become due and will be paid by OWNER to,
CONTRACTOR , subieet to paragraph 17 6 2 of .these
. Rnal Application for Payment:
'General Conditions.
1412. :Alter CONTRACTOR has completed all such.
14.14. If, Through no fault of CONTRACTOR; final
correctionsro the satisfaction of ENGINEER and delivered
;completion of the Work is'.'sigmfrcantly delayed, and'if
in accordance with the Contract Documents :all
ENGINEER so conforms; OWNER dell, upon receipt of
.maintenance and operdtrig instrucpons, schedules,
'CONTRACTORS final Application for Payment :.-and
guarantees; Bonds, certificates, or other evidence of
recommendation of ENGINEER, and without terminating
insurance required by paragraph 5.4 certificates of
the Agreement;make payment ofthe balance due for'that
ction, marked -up record documents (as'provided in
pother
portion of the.Work full completed and accepted. If the
�m h6.19 and documents; CONTRACTOR.
Pa g P )
rema balance to be hckfb 'OWNER4o Work no
ate. by t
may make application for final payment following the
fully completed or corrected is less than the relainage,
'procedure for progress payments. The frail Application for
stipulated .in the Agreement; and if Bonds :have been
Payment shall be -accompanied. (except as previously
furnished as required in paragraph 5.1,"the written consent
delivered) by (i) all documentation called for in the
'of the surety'to the payment of the balance due for that
Contract .Documents; including but not limited to the
portion of the Work fully completed and accepted shall be.
evidence of insurance required by subpamgraph5:413,
submitted by CONTRACTOR to,ENGINEER with the
(ii) consenf� of'the surety, if any, to final payment;; and
,Application far such -payment Such payment shall be
(ni) complete and legally cffcctivc ideaws or waivers
.made under the terms and conditions; governing final
(satisfactory to OWNER) of all Lima arising out of or filed
payment'except'ihzt ii shall not constitute a waiver of
in connection with the: Work: In lied of such releases or'
;claims.
waivers of. Liens and as approved by OWNER
CONTRACTOR may,,funnislireceipts,or releases in full
Waiver of Claims:
and affidavit of CONTRACTOR that:, (1) the releases and
receipts include all labor; services, material and equipment
14.15. The making and acceptance of find paymentwill
for which a Lien could be filed, and (n) all payrolls,
constitutes
material and equipment bills; and other indebtedness
connected withthe Work for which OWNER or OWNER's.14.15.1.a
waiver of all claims: by .OWNER. against
property in many way be responsible have been paid or
CONTRACTOR except claims arising from
otherwise satisfied If any Subcontractornor Supplier!fails
'unsettled Liens, from defective Work appearing after
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editlm) '31
w/ CITY OF FORT COLONS MODIFICATIONS (REV 42000)
final 'inspection pursuant to paragraph 14,11, from
failure to comply with the.Contract Documents or the
terms of any-. special. guarantees specified,thercin, or
from CONTRACTORS continuing obligations under'
the Contract Documents; and
14.15f2.A waiver of all claims by CONTRACTOR
against OWNER otter than those' previously madein
writing and still unsettled.
.ARTICLE 15--SUSPENSIONOF WORK AND
TERMINATION
OWNER May Saspmd:Work:
15A. At any time and without cause, (OWNER may
suspend the Work or"airy-portion tfierebf for a period of not.
more than ninety days by notice in writing, to
CONTRACTOR arid' ENGINEER.which'will fix the date
on -which Work will be resumed. CONTRACTOR shall
.resume the Work on the date so fixed. CONTRACTOR.
shall be -allowed an adjustment in the Contract Price or an
extension :of the: Contmci Times, ,or both, directly
attributable to any such suspension if CONTRACTOR
makes :an approved claim therefor as provided in
.Articles 11 and 11
OWNER May Terminate
15.2. Upon :the occurrence of any one or more'of the
following events:;
15.21. if.CONTRACTOR persistently fails to perform
the ,Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
'failure to adhere to the progress schedule established
under ..paragraph 2.9 as, adjusted from time to time
'pursuant to paragraph 6.6);
152.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2i3, if CONTRACTOR disregards the authority of
ENGINEER, cr
'15.2.4, if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
.Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if, any) seven days! written notice and "to:the extent
permitted by'Laws and Regulations; terminate the services
ofCONTRACTOR, -:exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site:and use the same to
the full extent they could be used by CONTRACTOR -
without liabilit
y ty to CONTRACTOR ;for trespass or
conversion), mcoiporate in the Work all materials and
equipmentstored atthe site or for which OWNER has paid
E1CDC GENERAL' CONDMONS•1910-8 (1990 Editiaa)
32 w/ CITY OF FORT COLLINS MODIFICAnONS(REV42000)
"CONTRACTOR but which are stored 'elsewhere, farad
finish the Work as OWNER may deem expedient In such
case' CONTRACTOR shallnotibe entitled to receive any
"further payment until theMork is finished If the unpaid
.balance,of-the Contract Price' exceeds: all: claims, costs,
lossesland damages sustained by OWNER arising not of
:or resulting from completing the Work" such excesswill be
'paid to CONTRACTOR Ifsuch claims; costs, losses; and
:damages' exceed such unpaid balance, CONTRACTOR
-shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to'their"reasonableness and when so.
:approved by ENGINEER incorporated in a' Change' Order,
provided :that when exercising any rights or remedies
:under this .paragraph OWNER shall not be required to.
"obtain the lowest price for the Work performed.
153 Where CONTRACTOR's serviceshave been so
terminated: by OWNER, the termination_ will not affect
any rights or remedies of :OWNER against
'CONTRACTOR then existing:or which' may thereafter
"accrue Any. retention or payment of moneys _ due
'CONTRACTOR. by OWNER will not release:
CONTRACTOR from liability.
15.4. ,Upon seven 'days' written notice to
CONTRACTOR and ENGINEER, OWNER may;.
without cause and without prejudice to any other right or
remedy: of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
;duplication of anyitems).
-15.4.1. for completed and acceptable°Work executed
in accordance with the Contract Documents prior; to
,the effective "date of,termination,, including fair and -
.reasonable sumsfor overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
dateof termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair -and reasonable sums: for
overhead and profit on such expenses,
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others, and
.15.4.4. for reasonable expenses directly,attributable.
to termination.
CONTRACTOR shall not be paid on account bf lossof
anticipated profits or revenue or other economicdoss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. , If through no act or fault of CONTRACTOR,: the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER. failsto act on any. Application
for Payment within: thirty days after it is submitted or
.OWNER fails fo tiatity days to pay CONTRACTOR my
sum finally determined to be due, then CONTRACTOR
may,, upon seven days' written notice to OWNER and
:ENGINEER, and provided OWNER cr ENGINEER• do not
'remedy .such suspension or failure -within that time,
the Agreement and recover ham OWNER.
payment on the same terms as provided in pamgraph'15.4.
.In lieu of terminating the Agreement and without prejudice
tgany other right or remedy, if ENGINEER hasfailed, to
act on anApplication for Payment wrihin tivriy days after it.
is submitted, a OWNER'has faded for thirty days to pay
CONTRACTOR any _sum finally determined to be "due;
CONTRACTOR may uponseven days' written notice to
OWNER and ENGINEER stop;theWork until payment of
all such amounts due CONTRACTOR, including interest
thereon ,The provisions of this paragraph 15.5 are .not'
intended to preclude CONTRACTOR. from making,claim
under.Articles 11 and 12 for an increase in Contract Price
as.
ARTICLE, 16 DISPUTE RESOLUTION_
If em_d to the extent that OWNER and CONTRACTOR
have agreedonthe method and,procedure for resolving
disputes between them that may .arise under this
Agreement, such dispute resolution method and procedure;
if ,any, shall he as set forth in ExhibitGC-A, 'Dispute
Resolution. Agreement% to be�attached hereto and made "a
part. hereof. If no such agreement . on themethod and
procedure for resolving such disputes has been reamed,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12,'OWNE'R and CONTRACTOR may .exercise such
tights or remedies as either may otherwise have under the
Contract Documentsor by Laws a Regulations in respect
of any dispute.
ARTICLE 17—MISCIsLT,ANEOUS
Giving Notice:'
17.1. Whenever any provision of the ,Contract
Documentsrequires the giving of written notice, it,will be
deemed to have been validly givenif delivered in. person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent: by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2: Computation of Time{
172.1. Wien 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 Iasi day of any such -period "falls an a
Saturday or Sunday or on,a day made,a legal holiday
by the law of the applicable jurisdiction, such day will
be emitted from the computation.
EICDC GENERAL CONDITIONS 19108 (1990 Etlidm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to, the next midnight will constitute a
day.
Notice of Claim
17.3., Shiould OWNER or CONTRACTOR suffer injury
:or damage to.person or property because of any error,
omission or act of.the other party :orof any of the,other
party's employees or agents or others for whose acts the
-other party is legally liable, claim will be made in writing
!to the other; party within a reasonable_ time of the first
observance of such"injury or damage. The provisions of
this paragraph 17.3 shall not be canstrued.as.a. substitute
for or a waiver of the provisions of any applicable .statute
of limitations orrepose.Cumulative Remedies.,
17.4., The .duties and obligations.:imposed bythese
General Condiuorisarid the rights and remedies available
hereunder to the parties hereto, ;and,. in particular but
without limitation, the warranties, guarantees. :and
obligations 'imposed upon' CONTRACTOR by
paragraphs 6,12, 6.16,6.30, 6.31, 6.32, 137,'13.12, 13:14,
14.3 and 152 and all of therights and remedies available
to OWNER and ENGINEER"thereunder, are in addition
to, andare not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or byother
provisionsofthe Contract Documents, andthe provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
,each particular, duty, obligation, right and remedy to which
:they apply.
Professional Fees. and Court Costs Included'"
175 Whenever reference is made to "claims; costs,
'losses and damages'.; it shall include in each case; but not
be limited to, all Fees and charges 6f engineers, architects,
'attorneys .and other professionals and all court or
arbitration or other dispute resolution costs.
17.6." The laws of. the State of Colorado aomv to this
Ageerirent.. Reference to two Pertinent Colorado statutes
me as follows
17.6.2. If a claim is. filed OWNER is required by
law (CRS'38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for,labor.materials, team hire,
sustenance; provisions, provender; or 'other supplies
used or :consumed by CONTRACTOR or his
33
FJCDC GENERALCONDMONS 1910- (1990Edtim)
34 w/ CITY OF FORT COUINS fODIFCAnONS(REV4k000)
(Thu Page leff blank intentionally)
LJCDC GENERAL CONDITIONS 1910$ (1990 Editim) '35
w/ C1TY OF FORT COLLINS MODINCA DONS (REV 42000)
EICDC GENERALCONDITIONS 1910-8 (1990 Edidm)
36 w/ CITY OF FORT COLLINS MODIFICATIONS(REV 42000)
EXHMIT GC -A :to General Conditions
of the Construction Contract Between,
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
'OWNER and CONTRACTOR hereby., agree that..
.Article 16 of the General Conditions of the Construction
Contract between OWNER - and CONTRACTOR is
amended tdmclude the following agreement of the parties:
16.1. All claims,_ disputes and :other matters in
question between OWNER and CONTRACTOR arising
out of or relating to. the..ContmctDocuments or the breach
thereof (except for clams which have been waived,ny the
making or acceptance of final ,payment as provided by
paragraph 14.15)_ will be decided by _arbitration in
accordance with 'the Construction Industry Arbitration
Rules of the .American Arbitration Association then
obtaining,,sublect to the limitations of the Article 16. This
agreement so to .arbitrate and any other- agreement or
consent to arbitrate:entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court havingyarisdiction.
16.2. No demand forarbitration of any claim, dispute
or other matter that is required to be referred to
'ENGINEER initially for decision in. accordance with
,paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thing first day after the parties have presented their'
evidence to:ENGINEER if a -written decision has not been
rendered by ENGINEER. before that date. No demand for
arbitration of any such claim, dispute or other matter will
be -made later than .thirty days after the date on. which
ENGINEER has rendered a written decision in respect.
thereof in accordance with paragraph 9.11, and the failure
to demand arbitration within said thirty,days period will
result in ENGEQEER's decision being final and binding'
as evidencebut will.
;s, except Where the
for arbitration of any written .decision of -ENGINEER
'rendered in accordance with paragraph:9.10 will be:made
later than ten daysafter the party making such demand lias
deliverod1written notice of intention to appeal as provided
in paragraph 9:10..
16,3. Notice of the demand far!arbitmtion willbe
filed in writing with the: other party to the Agreement and
with the American Arbitration Association, and a"copy will,
be sent to ENGINEER for information The demand for
arbitration will be maddi within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
or c
any
or other matter in. question would be barred by the
applicable statute of limitations.
�E]CDC GENERAL CONDITIONS 1910.8 (1990 E3tim) ,
wl CITY.OF FORT COLLINS MODIFICATIONS (REV 9/99)
`16.4. Except as provided in paragraph 165 Below,
no arbitration arising .out, of or relating to the �Conimcl
Documents shall include. by, consolidation, joinder or in any
other manner any other ,person or entity (including
ENGINEER, ENGINEER's Consultantand the officers,
directors, agents, employee"s or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the'inclusion of suchother, person or entity is
necessary if complete,relief`is to be afforded among
those who are already parties to the arbitration, and
16:4.2. such other person or entity is, substantially
involved in a question of law or fact which is common
'lo those who are already parties to. the arbitration and
'which will arise in such proceedings, and
16.4.3. the written, consent of the other person or
entity sought to. be, included and of OWNER and
CONTRACTOR. has been obtained for such inclusion,
'Which consent shall make specific reference to this
paragraph; but ho:such consent shall constitute consent
'to arbitration of any dispute not specifically described
in such consent or to arbitration with any party. not
specifically identified in'such consent.
5: Notwithstanding
or other matter in qt
3ACTOR involves If
OWNER' or CON]
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontractsrequired by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER- and
'CONTRACTOR involving the Work of such
,Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting.to, joinder shall
_create any claim, right or cause of action in ;favor of
'Subcontractor and against OWNER; ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The.award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof and it ,will not be subject to.
,modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
Shall first ,submit .any and all unsettled claims,
counterclaims, disputes and other matters in question
between them ansuig- out of or relating to the Contract
Documents or the Breach -thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules :of the 'American
Arbitration Association prior: to either of them initiating
-against the other a demand for arbitration pursuant to
.paragraphs 16.1 through 16:6, .unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day limedimits within which
to fide a demand for arbitration as provided in "paragraphs
16.2 and-16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
.days after the termination of the mediation. ..The mediator
of any disputesubmitted to mediation under this Agreement
"shall not serve as arbitrator of Such dispute unless otherwise
agreed.
NK11
Work Order Agreement and obligations contained in the Contract
Document.
OWNER: CITY OF FORT COLLINS
By:
90l7M-FVX- GERRY PAUL
DIRECTOR OF PURCHASING &
RISK MANAGEMENT
Fort Collins, CO 80522
Approved as t`o� Form
Y I L
s tant City Attorney
CONTRACTOR: MUSCO SPORTS
LIGHTING LLC
B
J mes M. Hansen
PRINTED
Title: Secretary
January 9, 2015
Attest:
Address for giving notices:
100 1st Avenue West
Oskaloosa. Iowa 52577
License No.:
I EJCDC GENERAL CONDITIONS 1910.8 (1990 Edlim) GC -AI
w/ CITYOF FORT COLLINS MODIFICATIONS (REV 9/94)
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins
modifications) and other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph numbers of the
General Conditions listed below are as follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include coverage
for Explosion, Collapse, and Underground coverage unless waived by the
Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule zero 0 days lost due to abnormal
weather conditions.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Work Order 1 under 7657 Athletic Field Lighting
CONTRACTOR: Musco Sports Lighting LLC
PROJECT NUMBER: 7657
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:
m
DATE:
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Fort Collins City Parks Athletic Field Lighting
Fort Collins, Co
Edora Park — West (Large) Field
Date: December 8, 2014
Quotation Price
Musco's Light Structure Green TM lighting system as described below and delivered to the job site $237,500.
Equipment Description
Light Structure Green TM System delivered to your site in Five Easy PiecesTm
• (7) Pre -cast concrete bases
• (7) Galvanized steel poles
• Electrical component enclosures
Pole length wire harness
• (41) Factory -aimed and assembled luminaires
Also Includes:
• Energy savings of more than 50% over a standard lighting system
• 50% less spill and glare light than Musco's prior industry leading technology
• Musco Constant 25Tm product assurance and warranty program that eliminates 100% of your
maintenance costs for25 years, including laborand materials
Guaranteed constant light level of 50 Footcandles Infield and 30 Footcandles Outfield for 25 years
One group re -lamp at the end of the lamps' rated life, 5000 hours
• Reduced energy consumption with an average of 64.1 kW per hour
Control Link® Control & Monitoring System for Flexible control and solid management of your lighting
system — Control Link System was provided and installed with Edora Park East.
• Lighting Contactors sized for 480V Volt 3 phase
• Engineered Electrical Drawings
Any applicable Sales tax is not included as part of this quote.
Off -Loading and labor to install completely operational Musco Sports Lighting System is included as part of this
quote including the upgrade to the electrical panel and system. Scope of Work to also include Demo of existing
poles and lower bases, trenchlbacktill, install UG Wiring from Service to Musco Equipment, Cut and Patch
concrete as necessary.
Musco Sports Lighting, LLC - 2009, 2013
M-1290-enUS-5