HomeMy WebLinkAbout486984 LAYNE INCLINER LLC - CONTRACT - RFP - 8123 CURED-IN-PLACE PIPE FOR SANITARY SEWERSERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and LAYNE INLINER LLC hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains
Rehabilitation. The conditions set forth herein shall apply to all services performed
by the Service Provider on behalf of the City and particularly described in Work
Orders agreed upon in writing by the parties from time to time. Such Work Orders, a
sample of which is attached hereto as Exhibit "A", consisting of one (1) page and
incorporated herein by this reference, shall include a description of the services to be
performed, the location and time for performance, the amount of payment, any
materials to be supplied by the City and any other special circumstances relating to
the performance of services. A general scope of services is attached hereto as
Exhibit “B”, consisting of six (6) pages, and incorporated herein by this reference.
The only services authorized under this agreement are those which are performed
after receipt of such Work Order, except in emergency circumstances where oral
work requests may be issued. Oral requests for emergency actions will be confirmed
by issuance of a written Work Order within two (2) working days. Irrespective of
references in Exhibit A to certain named third parties, Service Provider shall be
solely responsible for performance of all duties hereunder.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
2. Changes in the Work. The City reserves the right to independently bid any services rather
than issuing work to the Service Provider pursuant to this Agreement. Nothing within this
Agreement shall obligate the City to have any particular service performed by the Service
Provider.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified by each written Work Order or
oral emergency service request. Oral emergency service requests will be acted upon
without waiting for a written Work Order. Time is of the essence.
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4. Contract Period. This Agreement shall commence July 1, 2015 and shall continue in full
force and effect until June 30, 2016, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Service Provider and mailed no later than thirty (30) days prior to contract
end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without is fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed,
postage prepaid and sent to the following address:
Service Provider: City: Copy to:
Layne Inliner LLC
Attn: Mark Slack
7915 Cherrywood Loop
Kiowa, CO 80117
City of Fort Collins
Attn: Ray Fisher
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The
actual amount of work to be performed will be stated on the individual Work Orders. The
City makes no guarantee as to the number of Work Orders that may be issued or the
actual amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full payment for
all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs,
with markups, stated within the Bid Schedule Proposal Form, attached hereto as
Exhibit "C", consisting of one (1) page, and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and
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upon the Service Provider furnishing satisfactory evidence of payment of all wages,
taxes, supplies and materials, and other costs incurred in connection with the
performance of such work.
9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in the work order, plus any extensions thereof allowed in
accordance with Article 12 of the General conditions. They also recognize the delays,
expenses and difficulties involved in proving in a legal proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work
Order.
10. City Representative. The City's representative will be shown on the specific Work Order
and shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the work requested. All requests concerning this Agreement shall be
directed to the City Representative.
11. Independent Contractor. It is agreed that in the performance of any services hereunder,
the Service Provider is an independent contractor responsible to the City only as to the
results to be obtained in the particular work assignment and to the extent that the work
shall be done in accordance with the terms, plans and specifications furnished by the City.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
13. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the city.
14. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights under the Agreement
or of any cause of action arising out of the performance of this Agreement.
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15. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
16. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
17. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of ten (10) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non-defaulting party for the non-defaulting party's
reasonable attorney fees and costs incurred because of the default.
18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representative, successors and assigns of said parties.
19. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
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hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder shall deliver
to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins,
Colorado 80522 one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the city.
20. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State
of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
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1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
23. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one
or more of the City’s covered accounts and must as expeditiously as possible notify the
City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy
Committee.
24. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality consisting
of one (1) page, and Exhibit F – General Conditions of the Construction Contract,
consisting of fifty (50) pages, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
LAYNE INLINER LLC
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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7/14/2015
Mark Slack
District Manager
7/15/2015
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
LAYNE INLINER LLC
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Original Bid/RFP Project Number & Name: 8123 Cured-in-Place Pipe for Sanitary Sewers/
Stormwater Mains Rehabilitation
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of
( ) page(s) are hereby accepted and
incorporated herein, by this reference, and
Notice to Proceed is hereby given.
PROFESSIONAL
By:_______________________________
Date:_____________________________
CITY OF FORT COLLINS
Submitted By: _________________________
Project Manager
Date: _________________________
Approved by: _________________________
Water Engineering & Field Services
Operations Manager
Date: ________________________
Approved by: _________________________
Utilities General Manager
(over $1,000,000)
Date: ________________________
Approved by: _________________________
Purchasing Director (if over $60,000)
Date: _______________________
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EXHIBIT B
SCOPE OF WORK
I. PURPOSE
The City of Fort Collins is requesting proposals from qualified Contractors for Sanitary
Sewers/Stormwater Mains Rehabilitation. Various sizes of pipe are to be rehabilitated using
the Cured-In-Place Pipe process.
II. SCOPE OF WORK:
The following scope of work is a minimum requirement for Cured-In-Place Pipe Contractor:
1. Pipe Diameter Sanitary Sewer
2. Pipe Diameter Storm Sewer:
10” VCP 5 lineal feet
12” VCP 329 lineal feet
18” RCP 675 lineal feet
24” VCP 4 lineal feet
3. Service Connections:
Service Connections: 130
Protruding Taps: 20
4. Schedule:
All work to be completed within 90 days of notice to proceed.
5. Preconstruction Conference:
After the contract award and prior to commencing work, the contractor will attend a
preconstruction conference. The contractor will have the following submittal available for
City of Fort Collins approval: Traffic control plans, Fire Hydrant metering, Homeowner
notification letter, summary of equipment to be used, sources of materials, summary of
trenchless lining method to be used, subcontractors, proposed method of handling
existing sewage while replacing lines.
6. Hours:
Working hours are from 8:00 am to 5:00 pm Monday through Friday and does not
include City recognized holidays. City Project Manager may agree, in writing, to overtime
or holiday work.
7. Confined Space Entry:
The workplace contains permit spaces and entry is allowed only through compliance
with a permit-required confined space program meeting the requirements of 29 CFR
1910.146. Any Contractor retained by the City of Fort Collins to perform permit space
entry operations shall: Inform the City of Fort Collins of the permit space program that
8” VCP 4,000 lineal feet
12” VCP 1,000 lineal feet
18” VCP 1,200 lineal feet
24” VCP 1,600 lineal feet
30” RCP 100 lineal feet
36” RCP 800 lineal feet
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the contractor will follow and of any hazards confronted or created in permit spaces,
whether through a debriefing or during the entry operations.
8. Traffic Control:
The contractor shall follow all City of Fort Collins codes and regulations, which include
the “Manual of Traffic Control Devices” and the “Colorado Supplement” to this manual.
The Contractor will submit a written Traffic Control Plan in accordance with previously
mentioned codes and manuals. When the contracted project requires more than one
traffic control plan, more than one will be provided. All traffic control plans will be
submitted to the Traffic Operations Superintendent. The Contractor shall appoint a
Traffic Control Supervisor to this project. The Traffic Control Supervisor shall be certified
as a Worksite Traffic Supervisor by the American Safety Services Association (ATSSA).
Traffic control is to be paid for as part of the unit price for various other work and shall
not be paid for separately.
9. Permits:
Projects within the State Highways require a permit from the Colorado Department of
Transportation. Contractors cannot obtain permits directly from the state. The
contractor shall make application to the City of Fort Collins by filling out the appropriate
forms. Before and after normal working hours 8 am to 5 pm the City of Fort Collins
requires a noise ordinance variance permit which can be obtained from the Code
Compliance Supervisor at 970 –221-6675. If contractor vehicles or equipment are
parked in designated parking areas parking permits will need to be obtained from
parking enforcement at 970- 221-6617.
10. Materials:
The tube requirement shall meet the requirements of ASTM F1216.
11. Pumping and Bypassing:
When pumping and bypassing is required, the Contractor shall supply the pumps,
conduits, and other equipment to divert the flow of sewage around the manhole section
in which work is to be performed. The bypass system shall be of sufficient capacity to
handle existing peak flow plus additional flow that may occur during a storm. The
bypassing system shall be water tight and not leak. The contractor will be responsible
for furnishing the necessary labor and supervision to set up and operate the pumping
and bypassing system. At no time will the bypass operation be unattended. Pumps
shall be equipped in a manner to keep hose noise to a minimum. Standby equipment
will be available to allow continuous operation of bypass pumping despite equipment,
pump, or generator failure. All bypassed sewage flow shall be returned to the sanitary
sewer system. The bypass piping shall not interfere with traffic unless absolutely
necessary. The use of steel plates or other ramp materials is anticipated. With this
type of sewer line rehabilitation, interruptions of the normal flow of sewage from
residences and businesses are expected. The contractor will be responsible for
notifying the affected users and insuring that any interruptions are as brief as possible.
12. Flow Control Precautions:
Precautions must be taken to insure that sewer flow control operations do not cause
flooding or damage to public or private property being served by the sewers involved.
Contractor will be liable for private property damages caused by sewer blockages
resulting from contractor’s activities or lack of action to prevent. Contractor will be
liable for punitive damages should the City of Fort Collins be fined by a regulatory
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agency because of the contractor’s failure to control sewage flow.
13. Cleaning of Sewer Lines:
The contractor will remove all internal debris out of the sewer line that will interfere with
the installation of cured-in-place pipe. The contractor will be responsible for disposal of
all debris removed from the sewers during cleaning operation.
14. Line Obstruction:
It will be the responsibility of the contractor to clear the line of obstructions such as
solids, roots and protruding service connections that will prevent the insertion of the
liner. If inspection reveals an obstruction such as protruding service connection,
dropped joint, or a collapse that will prevent the cured-in-place pipe process, and it
cannot be removed by conventional sewer cleaning equipment, then the City of Fort
Collins project manager will make a decision for the appropriate action prior to the
commencement of the work.
15. Service Line Location:
During the inspection of the sanitary and storm sewer lines the contractor will be
responsible for locating all service connections to the sanitary and storm sewer mains.
The contractor will also determine if each individual service connection is active or
inactive and to what property they are connected. Inactive service connections may or
may not be reconnected. The project manager will make the final decision on
reconnecting inactive services.
16. Inspection of Pipelines:
Prior to lining the pipe the contractor will clean and television inspect the sanitary and
storm sewer lines. The contractor will inspect the sanitary and storm lines with a closed
circuit television unit (CCTV). At the time of this inspection the contractor will produce a
hard copy TV reports and video tapes of the complete project.
17. Public Information and Notification:
The contractor will be responsible for contacting each home/apartment or business
connected to the sanitary sewer informing them of the work to be done, and when the
system will be off line and including but not limited to the following:
a. Written notification to be delivered by mail one week prior to installation to each
home or business describing work, schedule, what impact or how it affects tenants or
owners, and a local telephone number of the contractor they can call to discuss the
project or problems. This is mandatory no exceptions will be allowed.
b. Personal contact with homeowners on the day of pre-installation inspection of the
sewer. Each lateral shall be verified by having the owner/tenant run water down their
drain. If the owner/tenant is unavailable, other arrangements shall be made to drain
water through the lateral.
c. Personal contact with owner/tenant and written notice the day prior to beginning
reconstruction of the section of sewer to which they are connected.
d. Personal contact with any home or business which cannot be reconnected within the
time stated in the written notice.
e. If required by a served business or homeowner, portable toilets for use by the
occupants will be furnished and serviced by the contractor. The cost of these items
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is considered to be included in the cost of the cured-in-place pipe installation. No
additional payment will be made for these items.
f. Daily notification of job location and schedule to the project manager is mandatory.
This will be accomplished by emailing a report the night before or on the morning
work will begin. This will be done for each location. The City of Fort Collins Utilities
project manager will provide the necessary email information at the introductory
meeting.
g. The use of water from fire hydrants will be free to the contractor. However a hydrant
meter/backflow preventer with auxiliary valve will be connected to the approved fire
hydrant. Only fire hydrants approved by the City of Fort Collins will be used. All fire
hydrant use will be coordinated through Water Utilities at 970-222-0064.
18. Installation:
Cured-in-place pipe installation shall be in accordance with ASTM F1216, Section 7.
The quantity of resin used for tube impregnation shall be sufficient to fill the volume or air
voids in the tube with additional allowances for polymerization shrinkage and the loss of
resin through cracks and irregularities in the original pipe wall. A vacuum impregnation
process shall be used. A roller system shall be used to uniformly distribute the resin
throughout the tube.
19. Reinstatement of branch connections:
Branch connections will be reopened without excavation, utilizing a remote controlled
cutting device, monitored by a video TV camera. The contractor will certify they have a
minimum of two (2) complete working cutters before reconstruction. No additional
payment will be made for excavations for the purpose of reopening connections and the
contractor will be responsible for all costs and liability associated with such excavation
and restoration work. No service connection will remain out of service for more than 24
hours without the contractor providing some means of temporary facilities or hotel
accommodations for the residents. Service lines will be reconnected with 100% of their
original capacity.
20. Quality control:
The contractor will be responsible for the quality, safety and protection of work until
accepted by the City of Fort Collins.
21. Inspection:
Cured-in-place pipe samples will be prepared and tested in accordance with ASTM
F1216, Section 8.1 using method 8.1.1 when space and size permits. The results will be
submitted to the City of Fort Collins.
A television inspection of the completed project will be performed by the contractor. The
City of Fort Collins will have a representative present at the time of this inspection. At
the time of this inspection the contractor will produce a DVD of the entire project. These
video DVD’s will be delivered to the project manager at completion of the project. The
contractor will maintain bypassing operations during this inspection so the entire
circumference of the pipe can be viewed.
Prior to expiration of two (2) years from date of substantial completion, the City of Fort
Collins project manager will make visual inspection of the project in company with other
representatives of the City of Fort Collins to determine whether corrective work is
required. The contractor shall attend this inspection if requested by the City of Fort
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Collins.
22. Clean up:
Upon acceptance of the cured-in-place pipe installation and testing, the contractor will
reinstate the project area affected by the operations. Waste material will be disposed of
by the contractor at his expense.
23. Measurement and payment:
Payment will be made based on unit price of material actually installed in the sanitary
and storm water systems. Measurement for cured-in-place pipe payment will be that
footage measured from center of manhole to center of manhole or actual length of line.
24. Warranty:
The contractor and the manufacturer shall warranty all materials and workmanship for a
period of two (2) calendar years. The warranty shall cover, but not limited to the
following: Defects discovered in material used in the project. Failure of liner to remain
formed to the previously existing sewer line. Lateral connections that were active but
not reconnected to the line at the time of construction. Any damages resulting from
same.
25. Certificate of Insurance and Bonds:
Contractor must provide certificate of insurance as indicated in the agreement.
Performance and Payment Bonds will be required from the awarded Contractor in the
amount of five hundred thousand ($500,000) each.
26. Use of Sub-contractors
There may be areas for use of sub-contractors from the award of this RFP. Contractors
will be responsible for identifying the sub-contractors necessary during the scope of work
negotiation.
27. Construction Services
Construction services are to include the following as necessary; full time site
supervision; stormwater management; site protection and security; traffic control;
warranty and management of project safety and quality control.
28. Reference
Construction documents will be prepared using the City of Fort Collins modified EJCDC
General Conditions and City standard contract documents. These documents are
attached.
The City of Fort Collins is in the process of updating the City modified version of the
EJCDC documents. We anticipate finalizing the new document later this year and intend
to incorporate it via amendment to the awarded contract.
Awarded Contractor will be expected to sign a release for quarter section maps.
The City will provide a copy of the TV report to the awarded Contractor.
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29. Method Of Payment
The Contractor shall receive payments for satisfactorily completed work based on
verified progress in the following manner: The cost of the work completed shall be paid
to the Contractor each month following the submittal of a correct invoice by the
Contractor.
All invoices submitted by the Contractor shall be directed to the City Project Manager for
review and authorization of payment.
Payments will be made using the prices listed on the agreed-to Price Schedule for the
Work Order. In the event a service is requested which is not listed on the Price
Schedule, the Contractor and the City will negotiate an appropriate unit price for the
service prior to Contractor initiating such work.
30. Additional Requirement
The Service Provider shall have a person at each job site while work is being performed
who is able to speak English.
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
EXHIBIT C
COMPENSATION
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
EXHIBIT D
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
No new insurance
EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Change.Ho
that document are shown by underlining text that has been added and
striking through text that has lxen deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
TABLE OF CONTENTS OF GENERAL CONDITIONS
Art icle or Paragraph
Number & Title
Page
Number
1. DEFINITIONS . ..... ..... ........... ..... ........................ .l
1.1 Addenda J
1.2 Agreement ... .... .. . . ....... 1
13 Application for Payment .... ................. .1
1 .4 Asbestos...... .. . . ............................. . 1
1.5 Bid .. . . .... . ................. .............. .. 1
1.6 Bidding Documents......................... 1
1.7 Bidding Requirements .... . ..... ... ..... .... ..!
1.8 Bond~ .................... .................... ..... ... .J
1.9 Change Order .... .. .. ............................ .1
1.1 0 Contract Document~ . . .. ... .. .... ... .. .l.
I. I I Contract Price . .................................... 1
1.12 Contract Times .............. ... ... .. ..... .... ... 1
1.13 CONTRACTOR ............... ..... .. ...... ...... !
1.14 defective ....... ....... .. ...... ............ .. ...... .. ..!
1.1 5 Drawings................. J
1.1 6 Effective Date ofthc Agreement ..... ... ..1
1.17 ENGINEER .1
l .18 ENGINEER's Consultant .. ..... , ............ .!
1.19 Field Order.. . . .. . .. .... .................. .1
1.20 General Requirements ........... ... .... ........ 4
l .21 Hazardous Waste 2
1.22.a Laws and Regulations; Laws or
Regulations .................. ..... ... 2
1.22.b Legal Holidays .. . .......... ............ ... .2
I 21 T .iens ........... ...... ...... ............... ... .. ... .... ?.
1.24 Milestone... ... ... .. . .. 2
l.25
1.26
1.27
1.28
1.29
1.30
131
132.a
132.b
1.33
1.34
1.35
136
137
138
1.39
1.40
1.41
1.42
1.43
1.44
1.45
Notice of Award .. .. ........ .. .. . . ... 2
Notice to Proceed ...... ................... ........ 2
O'NNER ........ ..... ............................. ... 2
Partial Utilization ........ , ....................... 2
PCBs ................ .... .................. .. .. ... .'i
Petroleum .. .................................... ... 2
Article or Paragraph
Number & Title
Page
Number
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material ....... .. ..... .. .... .7-8
5. BONDS AND INSURANCE .. ............... ................ 8
5.1-5.2 P<:>rfonnance, Payment and Other
Bonds ................... . .... .. 8
5.3 Licensed Sureties and Insurers;
Certificates oflnsurance ......... . .. ..... 8
5.4 CONTRACTOR.'s Liability
Insurance ........................... .......... ..... 9
5.5 OWNER's Liability Insurance ............... 9
5.6 Property Insurance................... . 9-10
5.7 Boiler and Machinery or Addi-
tional Property Insurance ................ .! 0
5.8 Notice of Cancellation PrO\ision 10
5.9 CONTRACTOR's Responsibility
for Deductible Amounts .............. ... J O
5.10 Other Special Insurance ..................... .10
5.11 Waiver of Rights .. . .... ... ... .. ............ .. 11
5.12-5. 13 Receipt and Application of
I nsurancc Proceeds .................. .. ..10-1 1
5.14 Acceptance of Bonds and T ns11-
ance; Option to Replace .............. ... ,,11
5. 15 Partial Utilization--Property
Insurance .................... ............... .... 11
6. CONTRACTOR'S RESPONSlBCUTTES .......... ..... 11
6.1-6.2 Supcrvi:>ion aml Superinlemkm;4' ....... 11
6.3-6.5 Labor, Materials and Equipment.. 11-12
6.6 Progress Schedule........... ....... ... .... . l2
6.7 Sub:>titutes and "Or-Equal" Items;
6.8-6.11
6.12
6. 13
6. 14
6. 15
6.16
6.17
6.18
6. 19
6.20
6.2 1
6.22
6.23
6.24
iii
COl\1TRACTOR' s Expense;
Substitute Construction
Methods or Procedures;
ENGINBER:s Evaluation 12-13
Concerning Subcontractors,
Suppliers and Others:
Waiver of Rights ............... ...... . ..13-14
Patent Fees and Royalties .................. ..1 4
Permits ............... ............................. 14
Laws and Regulations........... .... . ..14
Taxes .... . . . .... .............. .... . .... 14-15
Article or Paragraph
Number & Title
Page
Number
9.6
9.7-9.9
9.1 0
9 11-9.12
9.13
RejectingDefeclive Work... ..... 2 1
Shop Drawings, Change Orders
and Paymcnts ..... ..... .......................... 2 1
Determinatims for Unit Prices ...... . 21-22
Decisions on Disputes; ENGI-
NEER as Initial InterprelcL, ...... ..... :22
Limitations on ENGINEER'S
Authority and Responsibi litie~ .... . 22-23
CHANGES IN THB WORK . . . ... .. ...... ..... .. . .. 23
10.l OWNER's Ordered Change .. .............. 23
10.2 Claim for Adjustment .. .. . .. ............. 23
10.3 Work Not Required by Contract
Documents .. ................... ... 23
10.4 Change Orders ................................. .23
10.5 Notification of Surety .... ................ )!3
CH.ANGE OF CONTRACT PRICB .. ............... ;;13
11.1-11.3 Contract Price; Claim for
Adjustment; Value of
the Work ... ................ 23-24
11 .4 Cost of the Work. .......................... 24-25
11.5 Exclusions to Cost of the Worl\ ........... 25
11 .6 CONTRACTOR's F'ee .. .................... 25
11 .7 Cost Records ... ....................... ....... 25-26
11 .8 Cash Allowances ..... ............ 26
11.9 Unit Price Work; .......... ................. .. 26
CHANGE OF CONTRACT TIMES ........... ... ... ....... .... h6
12.l
12.2
12.3
12.4
Claim for Adjustment ... ......... .......... 26
Time of the Essencc .................. ...... :46
Delays Beyond CONTRACTOR's
Control ................ ... .......... .... ... ... 26-27
Delays Beyond OWNER's and
CONTRACTOR's Control .. .............. ;27
TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK .. .... .. .. ..... ................. ............ .7.7
13.l
13.2
13.3
13.4
13.5
136-13.7
iv
Notice of Detects ...... .. ................. ...... 'P
Access to the Work ........ ............. ... .... 27
Tests and Inspections;
CONTRACTOR's Cooperation ......... 27
OWNER's Responsibilities;
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Acceptance of--
Article or Paragraph
Number
Bonds and Insurance ... .. .............. .................. 5.14
defective Work .......... ... .... ........... 10.4 1, 13.5, 13 13
fi nal paymen~ ... .... ............. ..... ............... . 9.12, 14.15
insurance. . .... .......... .. . .. ......... .. . .. . . . . ~. 14
other Work, by CONTRACTOR ... ................ .7.3
Substitutes and "Or-Equal'' Item$ .. ... ... ... . ... ..... Q.71
Work byOWNER ........ ..... ................. ~.5, 6.30, 534
Access to the--
Lands, OWNER and CONTRACTOR
responsibilities .................. ..... ...................... .4.1
site, related Work ................... .......................... _7.2
Work, ............. . ................... .. ..... 13.2, 1314, 14.9
Acts or Omissions--, Act~ and Omissions--
CONTRACTOR ............................ 69. 1, 9.13 3
ENGI NEER ........ .. .............. .... 6.20, 9.133
OWNER ....... .... .......... ... .6.20, 8.9
Addenda--definition of (also see
defmition of Specifications) ....... .(1.6, LIO, 6.19). I. I
Additional Property Insurance~ ........ ..... .......... ..... ..... 5.7
Adjustments-
Contract Pr ice or Contract
Ti.mes .. ....................... . J .5, 3.5, 4.1, 4.3.2, 4.5.2,
.... ...... .4.5.3, 9.4, 9.5, 10.2-10.4,
... ... ............ ................ ... ... 11, 12, 14 8, 1) I
progress scheduk ... . ... ................ .......... ......... .. 6.6
Agreement--
definition oC ........... .......... ..... ..... ...... .............. . .J .2
"All-Risk" Insurance, policy form ...... ...................... ~.6.2
Allowances. Cash .. .. ............................................... .11 .8
Amending Contract Documents................. 3.5
Amendment, Written--
in general ............ .J . l 0, l .45, 3.5, 5.10, 5.12, 6.6.2
.... ............... ..... .. Q.8.2, 6. 19, 10.1, 10.4, 11.2
............ ...... .................. 12.1, 13.12.2, l L.72
Appeal. OWNER or CONTRACTOR
intent to ............. .. . .. ..... 9.. 10, 9. 11 , 10.4, 16.2, 16.5
Application for Payment--
definition o(. ............ ......... ..... ............... ..... ...... .J .3
ENGTNEER's Responsibility ... ............................. 9 9
final paymen~ .. ................ 9. 13.4, 9.13.5, 14.12-14. 15
in general .. . ..... ............... ~.8. 2.9, 5.6.4, 9. 10, 15.5
progress payment ... ........... ....................... .14. 1-14.7
review oC .......................... ..................... ..14.4-14.7
Arbitration ...... ....... ..... ............... .......... .......... 16. 1-16.6
Asbestos--
claims pursuant thereto ....................... .. :4.5.2, 4.5.3
CONTRACTOR authorized 10 stop Work .......... .L.5.2
definition o( .... .... ......................... .................... J .4
v
Article or Paragraph
Number
OWNER responsibility for ............ ............... .'1.5.1, 8.10
possible price and times changi, .......... ..... ...... ... L!.5.2
Authorized Variations in Work.. . ... . 3.6, 6.25. 6.27, 9.5
Availability of Lands............... . . ..... ....... . .. . .4.1. 8.4
Unit Price Work .. ................. .......... .11.9
Article or Paragraph
Number
Value ofWork ................................................... 11 .3
Change in Contract Times--
Claim for times adjustmenL .... .. 4.1, 4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11 , 10.2, 10.5, 12.1,
...... 13.9, 13. 13, 13.14, 14.7, 15.1, 15.5
Contractual time lim i~ . . ... . ................ . ...... 12.2
Delays beyond CONTRACTOR's
control . ........... ....... ........................ .... .12.3
Delays beyond OWNER:s and
CONTRACTOR's contTOl ...... ............... . .12.4
Notification of surety .............. .... ... .. . ,....... .10.5
Scope of change.... ......... ..... .. ......... .. ..10.3-10.4
Change Orders--
Acceptance of Defective Work. . .. ................ )3.13
Amending Contract Document~ .. ...... ..... .......... ... }5
Cash Allowances ............................................... 11 .8
Change of Contract Pric~ ............. .. ..... ............. .... 11
Change of Contract Timelf ... ........................ ....... 12
Changes in the Work .......... ... .. ... ..... ...... ..... .... .JO
CONTRACTOR's fee .................. ..... ................. 11 .6
Cost of the Work ............. ... .. ..................... 11.4-11.7
Cost Records ................ .. ............... .... ............. Jl .7
definition oC ... ... ........................... ..... ...... ..... ..... 1.9
emergencies ........... .......................................... 6.23
ENGINEER's responsibility ...... 9.8, 10.4, 11.2, 12. 1
execution o( ....... ...... ................... ..................... J0.4
Imkmnilictiof\ ......................... P- 12, 6.16, 6.31 -6.33
Insurance, Bonds and ................. ..... .. 5.1 0, 5.13, 10.5
OWNERmay terminate ....... .... ... ....... ......... l5.2-l5.4
OWNER's ResponsibilitY ................ ........... .. ?.6, 10.4
Physical Conditions--
Subsurface and, ...... ..... .................................. .4.2
Underground Facilities-: ..... ...... ..... ......... ... :'!.3.2
Record Documents ................... .............. 619
Scope of Chang<:... ........................ 10.3-10.4
Substitutes ..................... ... .. ... ........ ... ..... 6.7.3, 6.8.2
Unit Price Work. .. . ... .. .. . . .............. . .. ........ J 1.9
value of Work, covered by .... ............................. 11.3
Changes in the Work... . ........................... ...... JO
Notification of surety............. . .............. .10.5
OWNER's and CONTRACTOR's
responsibilities ................... . .. ........... .10.4
Right to an adjustment .... .. ................................ 10.2
Scope ofchange ................. ................ ..... . .1 03-10.4
Claims--
against CONTRACTOR. ......... ........... ..... ..... . 6. 16
against ENGINEER .......................................... 6.32
against OWNER ............................................... 15 32
Change of ContractPric~ ............. ..... . .. ...... ~.4 , l l.2
Change ofCmtract Times ..... ..... ................. 9.4, 12.1
CONTRACTOR's ........... .. .4. 7.1, 9.4, 9 5. 9.11. 10.2.
vi
.... ....................... 112. 11.9, 12. l , 13.9, 14.8,
.. ....... ......... .. .. ...... .... 15. 1, 15.5, 17.3
CONTRACTOR.:s Fee ............................. J 1.6
Article or Paragraph
Number
Cash Allowances .................. . 11.8
Article or Rlragraph
Number
Change of Contract Pr ic~ .... ..... .. ........................ . 11
Change of Contract Times ........... ....................... . 12
Changes in the Work ........... .... ............ ...... 10.4-10.5
check and verifx ...................... ................. ......... . 2.5
Clarifications and
Interpretations .... .... ......... ....... 3.2, 3.6, 9.4, 9. 1 l
definition of.. ..... ...... ................... ............ ..... ..l.10
ENGINEER as initial interpreter of. ... ........... ..?. 11
ENGINEER as OWNER's representative .......... .... 9.1
general3
Insurance ..................... ........................ ...... .... ... .5.3
Intent ... ................ ... ............... . ) .1-3.4
minor variations in the Wori. .............................. 3.6
OWNER's responsibility to furnish dat:i ............... 8.3
OWNER's responsibility to make
prompt payment .................... ...... ~.3, 14.4, 14. 13
precedence .......... ...................................... 3. 1, 3.3.3
Record Documents ... ................. .. .................. .. . .?. 19
Reference to Standards and Specifications
of Technical Societies. .... ..... .......................... 3.3
Related Work ... ..... .................... ......................... 7.2
Reporting and Resolving Discrepancies ... ..... 2.5, 3.3
Reuse of ...................... ... .. ......... ......... .. ............. .3.7
Supplementing, .............. ..... .............. ................. 3.6
Tenu ination of ENGINEER's Employment .......... 8.2
Unit Price Work. ........................... .................... ) 1.9
variation:> .. ...... ............. .... ...... ......... ... 3.6, 6.23, 6.27
Visits to Site, ENGINEER's... ............. .... 9.2
Contract Price--
adjustment of .. ............... 3.5, 4.1, 9.4. I 0.3, 11.2-11.3
Change of. . ............................................... l I
Decision on Disputes .... .................................... 9. 11
definition oC ........... ..... .... ...... ........ ...... ..... .. ... J . 11
Contract Times--
adjustment of . ........................ 3.5, 4. 1, 9.4, 10.3, 12
Change of. .......... .................. .................... ! 2.1-12.4
Commencement of . . .. .. ..... ........... . ...... 2.3
definition oC ...... ............ .. .................... ..... ..... ..1..12
CONTRACTOR--
Acceptance of [nsurance ......................... ........... 5. 14
Communicatio~ ....................................... 6.2, 6.9.2
Continue Work...... ..... . . . .. . . . ...... ... . .6.29, 10.4
coordination and scheduling ... ....................... 3\.9.2
definition o( ................. .. ............... ..... ..... ........ .\. 13
Limited Reliance on Technical
Data Authorized ............... .................... ...... 4.2.2
May Stop Work or Tem1inate ...................... .... . J5.5
provide site access to others ....................... .}.2, 13.2
Safety and Protection ... ................. 4.3. l.2, 6.16, 6.18,
.... ........ ...... ............... .. ... 6.21-6.23, 7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal .... .... ... ................ ............. :5.25
vii
Stop Work requirements. ........ . 4.5.2
CONTRACTOR's-
Article or Paragraph
Number
Labor, Materials and EquipmcnL ... ....... 6.3-6.5
Laws and Regulations ................... ...... ..... 6.14
Liability Insurance ......................................... 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents . . .... ........... ... .............. 6.27
Patent Fees and Royalties ............. ......... .. .... 6. 12
Perm its .. . . . . . . . . . . . .. . . .. . . . .. . . . . .. . . . . . . . . . . 9. 13
Progress Schedule....................... .6.6
Record Documents ... .... .................. ............. 6.19
related Work performed prior to
ENGINEER's approval of required
submiuals................. .... .. . . ... . . .. .. 6 28
safe structural loading ...................... . 6.18
Safety and Protection ............... ..... 6.20, 7.2, 13.2
Safety Representative.............. . . ...... ...... . 6.21
Scheduling the Work ............................. ..... 6.9.2
Shop Drawings and Sample-'!.............. .6.24
Shop Drawings and Samples Review
by ENGINEER....... ..... ................. 6. 26
Site Cleanliness ... .................. .......... 6.17
Submittal Procedures ......................... .......... 6.25
Substitute Construction Methods
and Procedures . . . .... ................ . ..... 6.7.2
Substitutes and "Or-Equal" Item~ .. ............. .9. 7.1
Superintendence ............. ..................... .......... 6.2
Supervision ............ ...................................... 9.1
Survival of Obligations ..... ........................... 6 34
Tax<;~ ..................... ...... ......... ..... .... ............. 9.15
Tests and fnspections ............ ...... .......... .... . 13.5
To Reporl ..... ........... ..... ..... ....... ... ..... ..... ........ 2.5
Use of Premises ....... ... ............ 6. 16-6.18, 6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ......................................... 6. 25
Right to adjustment for changes in the Wor~ ..... 10.2
right lo claim ..... . .. 4, 7.1, 9.4, 9.5, 9.1 l , 10.2,11 .2,
. .... .. ..11.9, 12. l, 13.9, 14.8, 15.1, 15.5, 17.3
Safety and Protection ............. . .... 6.20-6.22, 7.2, 13.2
Safety Representative ............... . ................ 6.21
Shop Drawings and Sam pies Submittal~ ..... 6.24-6. 28
Special Consultants . ...... ... ..... ..... ............ .... ... 11.4.4
Substitute Construction Methods and Procedures .. 6.7
Substitutes and "Or-Equal" Items,
Expense... . .. ............... .... ...... 6.7.1 , 6.7.2
Subcontractors, Suppliers and Others .. . ....... 6 8-6. 11
Supervision and Superintendenc<:< .. .... ... 6.1, 6.2, 6.21
Taxes, Payment by.................... ..... . .6.15
Use ofPrcmises ..... ........ ................... ........ 6.16-6.18
Warranties and guarantees ... ........ .............. 9.5. 6.30
Warranty ofT itle ....................... ....................... .14.3
Written Notice Required--
viii
CONTRACTOR stop Work or terminate .. ...... 15.5
Reports of Differing Subsurface
and Physical Condition~ ............. .... .. .. .. :P.3
Substantial Completion. . ...... ................... 14.8
CON'"l'RAC1'0RS--other
Contractual Liabil ity Insurance .... .................. ..... .. ~.4. 1 0
Contractual Ti.me Limits .... ...... ..... .................... ..... ..12.2
Correction or Removal of .. .............. .J 0.4.1, 13.11
Correction Period.................. . J 3.12
in general .. ........................ ............. 13, 14.7, 14. 11
Article or Paragraph
Number
Observation by ENGJNEER ...................... .......... 9 2
OWNER May Stop Work ...... ... ................... ..... 13.10
Prompt Notice of Defects .. ... ......... ................... 13.1
Rejecting .. ........................ ............... ...... ............ 9 6
Uncovering the Work ........................... ........... ..13.8
Definitions ...... ........ .................. ...... ..................... 1
Delays ................... ..... .............. 4.1, 6.29, 12.3-12.4
Delivery ofBonds .. .. ............................................ .. 2.1
Delivery of certificates of insurance .................... ........ ?. 7
Determinations for Unit Pric<:I? ... .... .............. 9.10
Differing Subsurface or Physical Conditions--
Notice of. ........ ...... ... ............... ... . . . . .... " 2 3
ENGINEER's Review .............. ..... ................ .... t..2.4
Possible Contract Documents ChangtL ........... ~.2.5
Possible Price and Times Adjustment$ .... .......... t..2.6
Discrepancies-Reporting
and Resolving . ................ .. 2.5, 3.3.2, 6.14.2
Dispute .Resolution--
Agreement ........... ...................... ....... ....... .J 6.1-16.6
Arbitration ................ ..... .................... ...... .l 6.1-16 5
generall6
Mediation ...... ... ............................................. J6.6
Dispute Resolution Agreement.. ..... ... ...... ...... .l6. l-16.6
Disputes, Decisions by ENGfNEER .. ................. 9.11-9.12
Documcnt~--
Copies of ................ . . .2 2
Record6. 19
Reuse of. .............. ........ ........... ......... .................. ~ .7
Drawings--definition of................ .... ........... L 15
Easements ................... .... ............ .. .. .... ................... 4.1
Effective date of Agreement -- definition Qf... .......... J . 16
Emergencies....... ... . ..... ........... ........ .............. Q.23
ENGINEER--
as initial interpreter on disputes ................. 9.11-9.12
definition ot:.. .......... ......... ..... ...... ........ ..... .... ..1.17
Limitations on authority and respons i bilit ic.~ ..... .9.13
Replacement ot:.............. . . . ... . ....... . . ........ 8.2
Resident Project Representative ..... .................... 9.3
ENGINEER's Consultant -- definition oL ...... ......... .1.18
ENGINEER's--
authority and responsibility, Jim itations orL ..... .9. 13
Authorized Variations in the Wor~ .. .................... 9.5
Change Orders. responsibility for. ... 9.7, 10, 11, 12
Clarifications and LnterpretationL ........ . . 3.6.3, 9.4
Decisions on Disputes .... .... .... ................. 9.11-9. 12
defective Work, notice of .. ........ ..... .................. ..1 3.1
Evaluation of Substitute Items ........ ...... ... ........ 6. 7.3
Liability, ..... .. .............. .... .. ..... ...... .. .... ... ... 9.32, 9.12
Notice Work is Acceptable . .... ...... .......... . .... .J 4. 13
Observations ..... ....................... .......... ..... p.30 2, 9.2
ix
OWNER!s Representative.. ......................... 9.1
Payments to the CONTRACTOR,
Responsibility for .................... ........... ...... 9.9, 14
Recommendation of Payment ................. .. .1 4.4, 14. 13
Indemnification ................. . .. 6.12, 6.16, 6.31-6.33
Jnitially Acceptable Schedules...... 2.9
Inspection--
Certificates oL ........................... 9.13.4, 13.5, 14.12
Final ........................... ................... ......... .!41 l
Article or Paragraph
Number
Special, required byENGINEER.............. .. .... 9.6
Tests and Approval . ........... ................ 8.7, 13.3-13.4
Insurance--
Acceptance of, by OV/NBR ..... . ........... .......... 514
Additional, required by changes
in the Work .... ....................... ..11.4.5.9
Before starting the Work .............. .. .... ..... . ,. ........ 2.7
Bonds and--in genera\ ... ....................................... 5
Cancellation Provisions .............................. .5.8
Certificates of. ....... . . . . } .. 7, 5, 5.3, 5.4.11 , 5.4.13,
.... ................... ,;>.6.5, 5.8, 5.14, 9.13.4, 14.12
completed operation~ ............... ................. ..... 5.4.13
CONTRACTOR's LiabilitY ............. ..................... 5.4
CONTRACTOR's objection to coverage .............. 5. 14
Contractual Liability............. ..... ...... . .... 5.410
deductible amounts, CONTRACTOR's
responsibility ....................... .. ... .......... ..... .. ... ?.9
Final Applicalion for Payment ......... ................. )4.1 2
Licensed Insurers.......... ................... ...... 5.3
Notice requirements, material change~ ........ 5.8, 10.5
Option to Replace................. .. .... ........ . .5.14
other special i nsurance~ .. .... ... ..... .. ... ................. 5.10
OWNER u:; litlw:;iary fo1 in~w ct!~ .... ........ .. .5.12-5. 13
OWNER's Liability ........... ................... ... ......... 5.5
OWNER's Responsibility .............. ........... .... ........ 8.5
Partial Utilization. Properly Insurance ..... .......... . 5.1 5
Property ................................... ................. 5.6-5.10
Receipt and Application ofJnsurance
Proceeds ........ .......................... ............ >. t 2-5. 13
Special Insurance ................ ........ .... .. .... ...... ... .5. 10
Waiver of Rights ... 5. 11
Intent of Contract Document~ ............ ....... ......... .. :3-1 -3.4
Interpretations and Clarification11 ................ . ;36.3, 9.4
T nvestigations of physical condition~ ....... .. .... ......... ..... 4.2
Labor, Materials and EquipmenL ...... ........... ...... 1$.3-6.5
Lands--
and Easements.... ................ . ... .................... .. 8.4
Availability of ................... .. .. 4. 1, 8.4
Reports and Tests ........................ . ......... .... . . 8.4
Laws and ReguJations--Laws or Regulations--
Bonds .......... ...... ... ................ ..... . ... ........... 5.1-5.2
Changes in the Wor~............. .............. .10.4
ContTact Docwuents ............ ........................ ........ 3.1
CONTRACTOR's Responsibilities ...... ..... .. ..... § 14
Correction Period,defeclive Work ...... .... ...... ... J312
Cost of the Work, taxes .. ... ........... .... ....... ... ..1 1.4.5.4
definition oL ... ......................................... ... .J.22
genera16.14
Indemnification ............. ................... ...... 6.31-6. 33
x
tnsurance ..... ... . .... .................... ...... ......... .?.3
Precedence............ . ... .................... .. ... ... 3.1, 3.3.3
Reference to ....... .................. ............... ...... ..... ,3.3. l
Notification to Surety ..................... ................ ... ... ..10.5
Observations, by ENGINEER....... . ........... 6.30, 9.2
Occupancy of the Work. ................... 5. 15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR ... .... ... . . 6.9, 9.13
Open Peril policy form, Insurance ................ .......... 5. 6.2
Option to Replace ... ......................... ....................... .?. 14
Article or Paragraph
Number
"Or Equal" Items ................. ..... . 67
Other work 7
Overtime Work--prohibition oC. .......... .. . 6 3
OWNER--
Acceptance of defective Work .. .... .. .... ... ...... .... J.3.13
appoint an ENGINEER. ........... ..... ....... ............ . 8.2
as fiduciary ..... ............. ..... ............... ....... .5.12-5.13
Availability of Lands, responsibility_ ........ ........... 4.1
definition oC...... ..... ... ........ . ................ ..l.27
data, furnish. ......... ... . . . ............. ..... ........... . 8.3
May Correct Dejecti11e Work ........... ..... .. ..... ... ..1.3.14
May refuse to make payment. .......................... .J.4. 7
May Stop the Work .................................... .... ..13.1 0
May Suspend Work,
Terminate . ............... .... 8.8. 13. 10, 15. 1-1 5.4
Payment, makeprompt ..................... ~.3, 14.4, 14.13
performanre of other work ......... .. .............. .. .. ..... 7.1
permits and licenses, requirement.!!....... . ... $.13
purchased insurance requirement~ ............. . 5.6-5.10
OWNER's--
Acceptance of the Work........................ 6.30.2 5
Change Orders, obligation to execut~ ........... 8.6, 10.4
Comm wiic.:ation~ ...... ........... ........ ............. ........... 8. I
Coordination of the Work ..... ........... ................. 7.4
Disputes, request for decision ........... ... .. ............ 9.. 11
Inspections, tests and approval~ .... .............. $.7, 13.4
Liability Insurance... .............. ............... 5.5
Notice ofDefects ... .. ..... ................. ................... )3.1
Representative--During Construction,
ENGJNEER:s Status..... ........ .. . ... 9 I
Responsibilities--
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material $.10
Change Orders ... ... ........... ..... .. .... ...... .. .... ... ... 8.6
Changes in the Work ....... ................. ...... ..... 10.1
communications ............... ................... ........ 8.1
CONTRACTOR's responsibilitie:\ ................... 8.9
evidence of financial arrangemenl$ ............... $. l l
inspections, tests and approvals ...................... 8.7
insurance ................. ..... .................... .. ....... .... 8.5
lands and easement~ ............... .................... .. 8.4
prompt payment bY ......... .... .... .. ............ ..... 8.3
replacement of ENGINEER ................... ..... 8.2
reports and tests_ ......................... ................. 8 4
stoporsuspendWork. ..... ............. 8.8, 13.10, 15.I
terminate CONTRACTOR's
services . . . .. 8.8, 15.2
separate representative at siti? .......... .. ... .. ............. $>.3
xi
testing, independent ......... . ...... .............. . 13.4
use or occupancy
of the Wolk .. ......... .... ... ........ ~. 1 5. 6.30.2.4, 14. 10
Article or Paragraph
Number
written notice requirecL. ................... . 7. 1, 9.4, 9.11,
.................. .... .. ......... 11.2, 11.9, 14.7, 15.4
PCBs--
definition of ......................... .......... ................. 1.29
general ............ ........................... .. ... .... ......... ..... 4.5
OWNER's responsibility for ...... .......................... 8.10
Partial Utilization--
definition of............................................... ).28
general 6.30.2.4, 14.10
Property Insurance................. ....... .... ...... . ..5.15
Patent Fees and Royalties ......... ....... ....... ..... ...... ...... 6. 12
Payment Bonds................... .... ... .5.1-5.2
Payments. Recommendation oC ..... ....... 14.4-1 4.7. 14. 13
Payments lo CONTRACTOR and Completion--
Application for ProgressPayments ...... ............... J4.2
CONTRACTOR's Warranty ofTitlc ......... ......... ..14.3
Final Application for Payment.. .... .................. .. )4. 12
Final fnspection ........... ................................... .14.11
Final Payment and Acceptance ..... .......... .14. 13-14.14
general ...... ........... .... ...... .............. .. ... .... .. ..... $.3, 14
Partial Utilization..... ..... ..... ............. .. .. 14 10
Retainagc, .......... ..... ................. .. ....................... J 4.2
Review of Applications for
Progress Payments ........................... ... . 14.4-1 4.7
prompt payrnent .... ...... .................. .............. ..... ... $.3
Schedule of Values ............................................ .14.1
Substantial Completion. ............................. .l4.8- l 4.9
Waiver of Claims ............... .. .. ................ ... ....... 14.15
whtm payments du« .. ........................ ...... 14.4, 14.13
withholding payment........................ ....... 14.7
Performance Bonds................... . . ... ...... . . 5.1 -5.2
Penn its ..................... ... ........................ .... ........ §. 13
Petroleum--
definition of .... ....................... .. .............. .... ....... ).30
general ............ ......................... .... .. ................... 4.5
OWNER's responsibility for ... ... ......................... 8. 10
Physical Conditions--
Drawings of, in or relating to... . .......... ,4.2.1.2
ENGlNEER's rcview ................ ................... ...... 4.2.4
existing structures............ ......... .. ... ......... ... 4.2.2
general 4.2.1.2................ .. .... ............. ..
Notice of Differing Subsurface or ................ ...... 4.2.3
Possible Contract Documents Change .......... ....... 4.2.5
Possible Price and Times Adjustment& ... ... ..... .. .4.2.6
Reports and Drawing~ .............. .................... .... 4.2. l
Subsurface and.............. .... ........ ............ .. ..4.2
Subsurface Condition~... .......... .. .4.2. l. I
Technical Data, Lim ited Reliance by
CONTRACTOR Authorized ........... .. . .. . 4 2 2
Underground Facilities--
general .. ................ .......... .. ........ .. ... ......... , .... ';1.3
Not Shown or lndicaed ............ .................. .4.3.2
Protection of ........ ........................... ...... 4.3, 6.20
xii
Article or Paragraph
Number
Shown or Indicated .................................... ..... .... ... 4.3.1
Technical Data .... ...................................... ..... 4 2.2
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'L ..... ........ 6 2
Responsibilities--
CONTRACTOR's-in general .... ................... ........... 6
ENGINEER's-in genera!... ........ ..... .... ..... ........... ... . 9
Limitations on ..... .................. ................. 9.13
OWNER's-in general... .................. ..... .............. ...... 8
Retainage ............... ..................................... ..... . . J.4.2
Reuse of Documents........... ..... .. ..... ............ 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior lo Submittal........ 6.25
Review of Applications for
Progress Payments ... .................................. 14.4-14. 7
Right to an adjustmen~ .......................................... ..10.2
Rights of Way.................... .................... ..... . . .... .'I. I
Royalties. Patent Fees anq .... ................................... 6.12
Safe Structural Loading ................. .... ............ .... ..... 15.18
Safety--
and Protection ........................... .... 4.3.2, 6.16, 6.18,
. . ........................ 6.20-6.21, 7.2, 13.2
general ......... ..... .................... .................. ,t,i.20-6.23
Representative, CONTRACTOR's .... ......... ..... .... f21
Samples--
definition oC ........ ........................... ................ J .34
general ........ ............ ................................. 6.24-6.28
Review by CONTRACTOR .......... 6 25
Review by ENGINEER ........... ........ ........... !:/.26, 6.27
1datcll Work ..................... ....... ...... ........ ...... ..... 6.28
submittal of. . .. ... ... ................ ... ................ 6.24.2
submittal procedures ............... ..... ..... ....... .. .. .... J).25
Schedule of pro<~ress ..................... ... ... '.2.6, 2.8-2.9, 6.6,
.. ........................ ....... 6.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ... ........................... '.2.6. 2.8-2.9, 6.24-6.28
Schedule of Values_ ........ ..... .......... . '.2.6, 2.8-2.9, 14. l
Schedules--
Adherence to ............. .. ..... ... .. ... ..... .. .... ... ....... J 5 2.1
Adjusting.............. .. . ... .. .... . . .. ..... .. 9..6
Change of Contract Ti m e~ ........ ........................ -10.4
Initially Acceptable ............... .. ..... .... ........... 2.8. 2.9
Preliminary, ...... ....................... .... ................... '.2.6
Scope of Changes ....................................... 10.3-10.4
Subsurface Conditions .... ..................................... 4. 2.1 . l
Shop Drawings--
and Sam pies. genera!... ........... ..... ......... ..... 6.24-6.28
Change Orders & Applications for
Payments, and .. ......................... .............. 9. 7-9.9
definition o( ................... ............. .. ..... ............ J .35
BNGJNEBR's approval of. ................................. 3.6.2
ENGINEER's responsibility
for revicw ............................ .......... 9. 7, 6.24-6.28
related Work ..... .............. . .. ..... 6.28
review proccdures ...... .................. ........ 2.8, 6.24-6.28
xiii
Article or .Paragraph
Number
submittal required ........................... ................... . 6.24. 1
Submittal Procedures .......... ..... ..... ..................... 6.25
use to approve substitutionL ... .. ..... ....... .. .......... 6.7.3
Article or Paragraph
Number
or Procedures ....................... ... .. ..... ... ...... ... !). 7.2
Substitute Items ... .............. ........................ 6. 7.1.2
Subsurface and Physical Conditions--
Drawings of, in or rclatng lo ...... .................. ::1.2. 1.2
ENGINEER's Review ...................... . ........... .4.2.4
general............................. ............. . ..... ........ 4.2
Limited Reliance by CONTRACTOR
Authorized............... . . .......... ........ . 4 2.2
Notice of Differing Subsurface or
Physical Conditions ..... .... ............................... 4.2.3
Physical Conditions ...... ..... .................. .......... 4.2.1 .2
Possible Contract Documents Change .... ...... ....... 4.2.5
Possible Price andTimes Adjustments ............... 4.2.6
Reports and Drawing~.......... .. . . .. ... .. ...... 4.2. l
Subsurface and ................................... .. ........ ..... .. ~.2
Subsurface Conditions at the Sit~ ................. .. :4.2 1.1
Technical Data ............... .......... ... ....... .......... .... 4 2.2
Supervision--
CONTRACTOR's responsibility . . .. .......... .. ...... fr I
OWNER shall not superv i s~ ........... .. ................... 8.9
ENGINEER shall not supervisl} ..... ..... ..... .. 9.2, 9.13.2
Superintendence ....................................................... 9 2
Superintendent, CONTRACTOR'S residenL. .. .. .. ..... .9.2
Supplemental costs .......................... ............. ...... ..11.4.5
Supplementary Conditions--
definition of ..... ..................................... ............ ).39
principal wfo1 crwcs lV. ................ .J .10, I. I 8, 2.2, 2. 7,
4.2, 4.3, 5.1 , 5.3, 5.4, 5.6-5.9,
............. ... 5.1 1, 6.8, 6.13, 7.4, 8.11 , 9.3, 9.10
Supplementing Contract Document:;; .. ............... ... .. .... 3.6
Supplier--
definition of ..... ..... ................................ ..... ....... ) .40
principal references tQ ........... ,3.7, 6.5, 6.8-6.11, 6.20,
..... . ...... . .. p24, 9.13, 14.12
Waiver of Rights ................................ .............. f>. l I
Surely--
consent to final paymen~ . ....... . .. ...... .. ..14. 12, 14.14
ENGINEER has no duty to. ..... ........................... 9.13
Notification oC.... .. ............. . 10.1 , 10.5, 15.2
qualification oC........ ...... 5.1-5 3
Survival of Obligations ............................................ 6.34
Suspend Work, OWNER May ..... ................. ..13.1 0, 15. 1
Suspension of Work and Termination-: ..... ......... ..... .. .1 5
CONTRACTOR May Stop Work
or Terminate . .... ........................................ .1 5.5
OWNER May StL~end Work ...... ..... .... .... .. ....... ..15. l
OWNER May Temi inate ........... ......... .. ....... 15.2-1 5.4
Taxes--Payment by CONTRACTOR ......... ............. .. .<.5.15
Technical Data--
Limited Reliance by CONTRACTOR .................. 4.2.2
Possible Price and Times Adjustments... .4.2.6
Reports of Differing Subsurface and
Physical Conditions ... ... ..... ........................ 4.2.3
xiv
Temporary construction faci lities ....... ... .. ........... 4 1
Article or Paragraph
Number
Termination--
Variations in Work--Minor
Authorized. . ......................... 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site--by ENGINEER ...... ...... .... .................... 9.2
Waiver ofClaims--on Final Payment ...................... 14.15
Waiver of Rights by insured partie~ ......... ..... .... ~ . 1 1 , 5.11
Warranty and Guarantee. Oeneral--by
CONTRACTOR ............... .. ...... .... ......... ... .. §30
Warranly of Title, CONTRACTOR's ........................ 14.3
Work--
Access to ....................... .................................. ..13.2
by others,. ............ ... .................... .......................... 7
Changes in the ..... .. ..... ..................... ................. . ..10
Continuing the ........ .... ..... ..... ............. , ...... ........ 9.29
CONTRACTOR May Stop Work
or Term mate....... ... . .JS.5
Coordination of. . ... ............... .............. .... ........... 7.4
Cost of the,. ..... ..... ....... .................... .......... J J .4-1 1.5
definition o( ......... .......... .................... ............ ..1.43
neglected by CONTRACTOR. .. ........................ .l3. l 4
other Work . .. . ... ................ .................. , ..... ,7
OWNER May Stop Work ................................. 13.10
OWNER May Suspend Work ...... ............ ..1 3.10, 15.1
Related, Work at Site ............... ..... ...... ........... 7.1-7.3
Starting the,. ................... ............. .. ................... .::1.4
Stopping by CONTRACTOR .. ..... ..................... J5.5
Stopping by OWNER ..... ............................ 15. l-1 5.4
Variation and deviation authorized. minoc ........ .3.6
Work Change .Directive--
daim:; pur:;uanl tu .... ....... ................ ................. ..J0.2
definition of ............................. ..................... J .44
principal references lo .... ..... ............ ) .5.3, L0.1-10.2
Written Amendment--
definition ot. .. . . . . ... .... ............ . .... ........... ... l 45
principal reference.<; to .... .... ...... 1.10, 3.5, 5.10, 15.12,
.......... .... ........... 96.2, 6.8.2, 6.19, LO. I, 10.4,
.. ................ ...... ..1.1.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Interpretations .. .................. .............. 3.6.3, 9.4, 9. 11
Written Notice Required--
by CONTRACTOR ... .............. ...... .... ..7.1, 9.10-9 11,
.......... ......................... ........ 10.4, 112, 12. 1
by OWNER . .. ..... ... ..... ?. 10-9. 11 , 10.4, 11.2, 13.14
xv EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDrllON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 32 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
GENERAL CONDITIONS
ARTICLE 1--DEFlNITIONS
Wherever used in these General Condition5 or in the other
Contract Documents the following telills have lhe
meanings indicated which are applicable to both lhe
singular and plural thereof:
1.1. Addenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirement~ or the Contract
Documents.
1.2. Agreement-The written contract between OWNER
and CONTRACTOR covering the Work to be perfonned;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment-The form accepted by
ENGJNEER which is to be used by CONTRACTOR in
requesting progress or fi nal payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid-The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents- The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements-The adve1tisement or
invitation to Bid. instruction5 to bidders, and the Bid form.
1.8. Bond~--Perfolillance and Payment bonds and other
instruments of security.
1.9. Change Order-A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjusllllent in the Contract Price or lhe
Contract Times, issued on or after the Effective Date of lhe
Agreement
1.10. Contract Documents- T he Agreement, Addenda
(which pertain to lhe Contract Documents),
CONTRACTOR's Bid (including docwuentation
accompanying the Bid and any post Bid documentation
submitted prior to lhe 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
EJCOCG£NERALCONDI110NS 1910.S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
same are more specifically identified in the Agreement.
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER'S
written interpretations and clarifications issued pursuant lo
paragraphs 3.5, 3.6. l and 3.6.3 on or after the E!J'ective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2. l and
4.2.2 are not Contract Documents.
1.20. General Requirements-Sections of Division I of
the Specifications.
1.21. Hazardol/S Waste- The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
I .22.£h 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 havingjurisdiction
1.22.b. Legal Holidavs--shall be those holidays observed
bv the Citv of Fort Col I ins.
1.23. Liens-Liens, charges, security interests or
encumbrances upon real property or personal property.
l .24. Milest.one--A principal event specified in the
Contract Documents relating to an intenuediate completion
date or time prior to Substantial Completion of all the
Work.
l .25. Notice of Award- A written notice by OWNER to
the apparent succes.5ful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
l .26. Notice to Proceed-A written notice given by
OWNER to CONTRACTOR (with a copy to ENGTNEER)
fixing the date on which the Contract Ti.mes will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER-The public body or authority,
corporation, association, finn 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
suoot.'lntiaUy completed pa1t 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--Petrolewu. including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oi~ oil sludge, oil refuse, gasoline. kerosene
and oil mixed with other non-Hazardous Wastes and crude
oils.
1.31. Prqjecl- The total construction of which the Work
lo be provided under the Contract Docwnents may be lhe
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.!:, Radioactive Material- Source, special nuclear, or
byproduct material as defined by the Atomic Energy Ace of
2
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
1954 ( 42 USC Section 20 I I et seq.) as amended from
time to time.
1.32.b. Regular Working Hours--Regular working hours
are defined as 7:00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative-The authorized
materials: electricity. gases, steam. liquid petroleum
products. telephone or other communications. cable
television. sewage and drainage removal traffic or other
control systems or waler.
1.42. Unit Price Work--Work to be paid for on the basis
of unit prices.
1.43. Work--The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and perfonning or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. . Work Change Directive- A written directive to
CONTRACTOR, issued on or after the EITective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an adclition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
perfom1ed as provided in paragraph 4.2 or 43 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties e:q:iect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiation.~ by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph I 0.2.
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 Doclllllents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements lo 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 Document~ 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 Proceecl:
2.3. The Contract Times will commence to run on the
thirtieth d<1y after rhe Effective Date of the Agreement, or,
EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
if a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice lo Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement bi Ra SYSRt will the GEJRtrael Times
eommeRoe la nlR Jeter lheR lhe sil~
ef.&id-epen.i.n~r-dle-thi F!ieth-00.Y-1ffter- tne-61feetive-t:>ate
af.the-Agreemenl;-w-hiehever-c:!ate-b"ear-lier,,-
Starling the Work:
certificates of insurance (and other evidence of insurance
whieli either ef lhem er BflY aEklilieflBI insw-ed may
reasefl!lely rTesl requested by OWNER) which
CONTRACTO ooEI O'.llNBR respeatil'ely are~ required
lo purchase and maintain in accordance with
paragraphs 5. 4;-5'0-ana+.+.
?reconstruction Confere11ce:
2.8. Within twenty days after the Contract Times start to
run, bul before any Work at the site is start.eel a conference
attended by CONTRACTOR ENGINEER and others as
appropriate will be held to estabLish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Accept11hle Schedules:
2.9. Unless otherwise provided in the Contract
Docum ent~ at least t0fl days befere SllemissieR ef the H:rst
ApplicetiSR for Jlajq'flent before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as apprepriate designated RY OWNER. will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Diyjsjon I - General Regujreineutli.
CONTRACTOR shall have an additional ten days to make
corrections and adjtLmi1ents and to complete and resubmit
the schedules. No progres.<; payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER a<;
providing an orderly progression of the Work to
completion within any ~pccified Milestones and the
Contract Times, but such acceptance will neither in1pose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibiJjty therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to fom1 and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between 0Wl\1ER and CONTRACTOR
oonceming lhe Work. The Contract Docwnents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Docl.llllents will be
construed in accordance with the law of the place of the
Project.
3.2. [t is the intent of the Contract Documents ro
4
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
describe a functionally complete Project (or pa.rt thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the perfonuance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
3.3.4. In the event of conflicting or ambiguous
provis10ns within the Contract Documents,
!>pecilicalions will take precedence over the drawings
and addend!} will take recedence over both.
Notwithstanding the foregoing. the more specific
provision will take precedence over the less !>pecific: the
more strine:ent wi ll rake precedence over the less
stringent; the more expensive item will take precedence
over the Jes.<; expensive. On all drawings, figures take
precedence over scaled dimensions. Scaling of
dimensions. if done, is done al the CONTRACTOR'S
own risk.
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER. or any of their subcontractors, consultant~
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGJNEER's Consultants, agents or
employee.<; any duty or authority to supervise or direct the
furnishing or perfomiancc of the Work or any duty or
authority to undertake respon<>ibility inconsistent with the
provisions of paragraph 9. 13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like eflect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import arc
used to describe a requirement, direction. review or
judgment ofENGINEER as lo the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general. the completed Work for
compliance with the requirements of and infonuation in the
Contract Documents and confonnance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be etfoctive to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or perfonuance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the tem1s and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragrdph 10.4),
or
EJCOCG£NERALCONDI110NS 1910.S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
3.5.3. a Work Change Directive (pursuant to
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilit ies or storage of materials and
equipment.
4. 2. Subsu1face a11tl Physical Co11tlitio11s:
4.2.1. Reporls and Drawings: Reference is made to
the Supplementary Conditions for identification of:
4.2.1.1. Subsw:face 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 al or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data'' contained in such
reports and drawings, but such reports and drawings are not
Contract Documcnt5. 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 Consultant5 with respect to:
4.2.2.1. the completeness of such report<> and
drawing.5 for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data. interpretations, opinions or
inforn1ation.
4.2.3. Notice of Differing Subsu~face or Physical
Conditions: lf CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
6
4.2.3.1. is of such a nature as to establish that
any •technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
423.3. differs materially from char shown or
EJCDC GENERAL CONDm ONS l 9 t 0-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
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
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, ex-ploration,
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 6.43 CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
Ir OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12. However, OWNER, ENGINEER. and
ENGINEER's Consu ltants shall not be foible to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Contlitions--Underground Facilities:
4.3. l . Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1 . OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3 1.2. The cost of all of the following will be
included in the Contract Price and CONTRACT OR
shall have fidl responsibility for: (i) reviewing and
checking all such inforniation and data, (ii) locating
all Underground Facilities shown or indicated in lhe
Contract Docurnents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Sho1m or Indicated: If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, premplt)'
immediately after becoming aware lhereo[ and before
further disturbing conditions aITected thereby or
performing any Work in connection therewith (excel?t
in an emergen(,,y as n:quired by paragrdph 6.23),
identify the owner of such (Jnderground Facility and
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODfflCATIONS {REV <1/2000)
give written notice to that owner and to OWNER and
ENGINEER ENGJNEER will promptly review the
8
4:§,.2.,.-GGJ.'.J.J.R:A(;.J.OR-sAti l~inuneEfuitfily-;-(11-ste~I~
Woclc iH 60flfteetios wilfl sl-!efi fiu20n:ls1o1s eesditios llftd
iH eRy eree affeoteEI tliereby (e*Gept iH QR emO!FgeRGy
es fSEjl-lifed by pamgmf.)fl e.23), UFld (ii) flStify
~ ~JOOrneR (&Rd thereafter eollfirm
Sl1eh-netie&-iA-Wf~t,iJigt--GWN;6R-sha-l l-pren~pHy.
oons1:tll-wilh-ENGJ:NEER-eeneeming-the-Reeessily-f'01'
Q.WNER-te-Fetuin-a-€JUa+i-fieEl--e-x~-te-evuluate-sueh
fia20rElews eeRditieR er take eoFTeetil'e eetieR; if eRy.
GGN+AA<;:fGR-shalffiet-be-r'<lEJ1tired-tCtteswue-WeElt
iH eeFIHl:leti0fl with S\!Gh fiua1rdo1c1s eoRElitieR er in an;·
Sl-leR effeeted area 1o1nl'il after OWHBR has ebtaineEI
eny-r~li-ife8-pem1-its-releteEl-tlier-ete-anEl-Geliverea-te
G@ITRACT~eial written netiee: (i) speeifyiRg
that S\!Oh oenditiQn and any affected area is or has been
re11dered sate fer the reSt1111ptie11 ef ')/erk, er
fH1-speeil)·iAg any special cenditions 1o1F1der w~
Work may be reS\!me~fely. J.f 0'.l/;NBR and
CONTRl\GTOR cermet agree as to eF1titleR1ent to or
tfle-&11100Rt er eitte11t ef 011 eElj1:15tmellt, if eey;--i-A
Cerareet Pfiee er CeRlfllct Tiaies es a res1o1 lt ef Sl-leh
Work stoppage or such speoi.al oonditioos unEler wh-ieh
Werk is agreeEI ~· CONTRACTOR te be resumed;
either pArty may make a elaim therefor as provided in
l\rtieles l l anEI 12.
4.~.3. If after reseipt of sHoh spesial written netice
GON+RAG-WR- Elees-ne&-agree-te-r-eS1:11IIB-SUGh-werlE
eeseEI 0R ft reasenaale belief it is HflSflfe, er Elees flat
agree to r0Sl-!Rle Sl-IGA. Work 1o1nEler sHoh special
oonditions, then 0\l/J>T.BR may orEler StJGh portion of
the Work that is iJ'l eonneotion with Sl-!Gh haeardoliS
eef!Efuien er in S1:1eh af!eeted !lfea to be deleted frem
the Werk. If O'.l/l>l1;R AREi CO~ffRACTOR sa.nnot
egree-as-t&entitleinenH&er--the-arn-eun~i:-e.x'tent~f:an
aElj1:1srn1e111; if eey. ift Centreet Pfiee or CeHlffiet.Times
A~ A result gf delet.irig i>UG.h pQrtign af the " ' arl;;, tl-len
eithef1*!flo/-ftmy-mak:e-e-elaim-therefer- as-f>revi8eEl-ill
l\rl'ieles 11 Elfll'I 12. OWNER a1ey have suefi clele!eEI
poFti@IH:)t:-the-Werk-tieffer-med-by-~.!s-ewn
ferees-&F-etl-1eFS-in-aGGerdanse-wi-tfl.A:ftiele.::/~
4.5. 4. Te the IUHest eJ{tent. i~ermitted b;' Laws ftfld
RegulntieA.<;;-GWNER-shal~-inclemHtfy-a!l8-hel cl
Jw1nl~ GON+RAG:i:GR.---Sll-0oontraeteFS;
ENGINEER, ENG]}IEER's C0f1rno11lfillls B-REI Ifie
ei:lieerS;--Efueeter-s-, -en~pleyeeS;--OgentS;--t>tller
cGnsu~lants-um:l-sl:lbooRtRteler~f-eaGk-tmG-ilRy-ef
lhem-fr-em- aOO-egainsl-slJ-elaims,eests,- lesses-and
Elamages-arisin.<:, >-eu-t--ef-er- resultiflg- fre1n-sueh
haairdol-!s soRdil'iOR; pro·1iEled that: (i) 91\j' Sl-!Gh eleim,
oost;-loos-er-Gamage-is-atl:rib1:1tafile-t-0-bedi:Jy-injurr.
siekness, elisease or EleRth; or le injl:lf)' le er deslrl-letieR
ef tnRgible preperty (ether than the 'Nork itself),
·inGJudil\<, >-tJie- less-ef.-use-Fesulting-therefr-em,- <mEI
EiiTnethirig-m-~hls-s1:tbp11r-i1gn1ph+.5-:4-shaU-ebligal{:
Q.WNE&-te-ffidemnif-y-ony-1*'r-seF1-0i:-enbity-ffem-and
egttmst the e0f156ql:lenees ef that persoR's er eRtity!s
own-Reo.,;ligem:le:-
4.5.5. The pro~-isioRS of peragrophs 4.2 afld 4.3 are
net iRte1,Eled to eppl;· te Asbestes, PGBs, Petrelet:H11,
CONI'RACTOR',~ Liability Insurance:
54. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's perfonnance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents. whether it is to
be performed or furnished by CONTRACTOR any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work. or by anyone for whose acts any of them
may be liable:
5.4. I. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease. or death of
CONTRACI'OR's employees;
5.4 3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
~Gla-irns-feF-Eiarnages-itlsuH!G-by-eustenrnFY
personal ittjttry liability eevernge whieh 11re ~
(i) by any peFSen as a result ef BA effunse Elirestly or
indirectly relatecl to tRe employment of SUGA person by
C<»ITRACTOR, er (ii) &)· any etRer persen fur any
other reason;
5.4.5. claims for damages, other than to the Work
itsel~ because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional in5Ureds (subject to any
customary exclusion in respecl of professional
liability), OWNb'R, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less lhan the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
:5.4.9. include complered operations insurance~
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
OO¥er-0ge;-th&ft-;-V-0ndel·ism--0 ~iEl-me·liGieus-mi.sGruet:;
eaflR<.wake, eollepse, eleeris remove I, elem olitioR
oscesioReel 9y llflforcemeRt of Laws SRel ReguletiORS.
waler elemage, eREI sueh oth&r perils es R~
S{:>esificelly requireel ~· th& 8upplemmtery C0flditiORS;
.S,6d:-imnuele-expenses-im:urr-ee-in- lhe-re!*ilr-er
FefllaGement-eki.ny-i.nsll·red-t;>reper~.filcluel ing-butrnet
Jim ited ta fees enel charges of e11gifleel'S--ilf*l
ar-ehitoo~
5.6.4. cover mat:eriels oREI eeiltipe1eRl storeel et the site
er-al-an~lleF-leee·tien-that-was-agr-eed-te-in-writing-by
GWNER prior to eeiflg irteorporeted iR the Work,
provided that such materials end i!C(Uipn1ent h~
itieh:1deel ill llfl Applieetiell f:er Peymellt reee11m1e1leleel
9y E}rGINEiiR; uf!d
5.6.5. 0e moirtteilled ID effect until final paye1ent is
meele Wl less et:Aerwise agreed te ill writi11g 0y
O\l/l>i:ER; CONTRACTOR nRd E}1Grn:R; with
thirty days' writteR notice to each other additional
iRsureel to who1fl e eeFtifieate of iRSUffHlee hos beef!
~
5.7. 0 1.VNER shell purehese llf!el maiRtein sueh boiler
and meeh:inel)' illsuranse or aelditioRal jlropeFty insurallce
as-niay-be-reEfail<ed-by-t1~8-SuppJernenta~el·it.iens-0f
Laws atld Regulatiens whieh will ineh:1de the inter-ests-ef
OWJ>l'.GR, C<»lTRAGTOR; Suooontmetaff, fil'KHHBBR,
I*JG]}TJ;BR's ConsultaRts and eny oilier jlersons or entities
~d ill the 8Yjlplemei'ltal'y CenditiollS; eeeh of wham
is eleetneel te ha'le an ins1:1rable interest atld shall 0e listed as
all insures er aElditienal insures.
5.8. AH the !*Jlieies et' iftsuranee (MEI the eertifieates er
~her 8" idan~a !Aereot) re'11.1ired to be p!!rnhassd eRd
meinta·i.Red-by-Q:wNilR:-in-ascerElaooe-with-i*ireg:mph~e
1rnEI 5.7 will eoolflin a pre'lisien er endernemellt that the
OO¥eFBge-et'ferae4-witl-net-b&-eaneeUeel-er-mateFial~y
chaageEl-eF-ren&wel-fefused-unt.iklt-least-tlllity-eays!..pFief
wril*eR-netiee-has--been- giw:n- le-GWNER-enel
C<»ITRl\GTOR 1md te eaeh ether adeliti6fllll itlS\lted te
wh011:i-n-e<lfli·lie0te-ef:.-ins1Hooe~10&-been-is.%1ed-anEl-w·ill
oonta·iA-wo·i¥eF- prov-i.siens- in- aeoordaRGe--wi•l'I
f30r8gfllph 5 .J I.
5.9. OWNER shall nol be responsible for purchasing
and maintaining any property insurance lo protect tl'le
interests of CONTRACTOR, Subcontractors or others in
the Work te the eJ\teRt of 1rny eleduetiele 001otrnts thet ure
·identiliee-in-the-S1:1pP.lem·entary-Genaitie~Hii7-fisk-ef
loss Witflirt SUefl identified eladt1etible flfllOUlll; will ha eome
0}· COJ>ITRAGTOR. Sube0flkaelor er ethers sufi"eFirtg-eny
such-less-&fl4...i.f-0Ry-ef- 1Jiem-wcishes-prepe!4y-insuFance
ooverage-..vilhin-lh.e-limils-ekueh-ttm-n~s,eaeh-may
pUF~has&-oml-mainlai!Hlr!ll-t~urnlmseP.;.ewn-eitpense.
.S.,.J.~!R:AG:fGR-r-eeiuests-in-writing-tllal-ether
Speaial LssUfARGe ee ifl6j uded if! the property IDsltrllfle8
pelicies previded under paregrophs 5.6 or 5.7, 0\1/l>i:BR
shall, if j)Ossible, iAel1:1de sueh iAsuraAee, and !he eost
!hereof will ee Cfler<,JeEl ta COJ>ITRACTOR lo>y approprials
Change Order or WriRe~
10
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
Fe€0¥ef)'-egainst-nn~f-GGN+RAG'.f-GR,-Su00eritraeter&,
BN<HNBBR "BWGil'rnBR's Censultaets oml llie eflieers,
elireeteF& emplej·ees aniil ugerits of 1my of theiir.
Receipt and Application of bu"Urance 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 10 OWNER as fiduciary for the
insureds. as their interests may appear. subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shaU deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Wrillen Amendment.
5. 13. OWNER as fiduciary shaU have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall acljust and settle the loss with
the insurers and, if reE!llireEl i11 wri~ing by any J:'IRl1)' i11
mterest, OV/NBR es fidusiery sha II give bo11d for the
:flFOper fleFfernrnnse ef Slisli eluties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either !*lit)' (OWl'IER er CONTRACTOR)
0 Wl-.1ER has any objection to the coverage afforded by or
other provisions of the Eends-eF insurance required to be
purchased and maintained by the ether 13arty
CONTRACTOR in accordance with Article 5 on the basis
of non-confonnance with the Contract Documents. the
eejeeting-psFty-sha ll~ottfy-~he-e!her-j:)tlrty O\VNER will
nilli.!Y CONIRACTOR in writing within l'eft fifi een days
after r~eeipt de! iv cry of the certificates (eH>ther-ev~denee
Fequested) to OWNER a§ required by paragraph 2.7.
OWNER eml COl'ITRACTOR shell eaeh f>F01•iele le !he
0ther-sueh-additi0na·l--inf0m1ati01Hn-fesi:>eet-0Hn.sllf0nee
prn\tiEle(+-os-the-eiheF-mOy-r"aseru1 ely-requesh--If- eithef
j:)tlFty-c:lees-n0t- p1:1Fehase-er- m11iata·in-a·ll-0f-l:he-Bends-11ncl
insi:!fane&--reEju~t:-sm;h-[*l-ft;y-ey-the-Gent;r-ast
Deeument'>; r>ueh pAfly shi1!1 HOlify the ether pruty rn
writiH~f-sueh-fa·ilunHe-pttnihase-pFier-t~the-staFl-17f-the
Werk; 0F ef SloleR foiJure le marnti1in prier ta any eheflg6 in
~quires ooveffige. 'Nil'heut prejuEliee te llH:)' ether right
ei:-remedy-;-th~eF-fJGFty-moy-eleet-te--0i;itaiB-eqtifv-0Ieru:
Bonc:ls-«- insunrnee-te-prnteet-sueh-ether-l*!f\y's-inlerest-s-a{
the-eNJ*lnsa-0f..the-f>OFty-whG-was-R1quired-t&-f>FeY.iEio-sH€A
ee\·era~. aniil e Change OrcleF shell be issued le aEljusl the
GeRtr-aet-Prie~'ef4ngiy:-
Partial Utiliwtion-Properly ln~1'ra11ce:
5.15. If rnVNER finds it necessary 10 occupy or use a
portion or portions of the Work prior to Substantial
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
Completion of all the Work, such use or occupancy may
6.4. Unless otherwise specified in the General
Requirement<;, CONTRACTOR shall furnish and assume
full re~-ponsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fueL power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing. start-up and completion of the Work.
6.4. l. Purchasing Restrictions: CONTRACTOR,
m u ~t comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
6.4.2. Cement 'Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certi!V that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Document<;. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER 1f required by ENGINEER,
CONTRACTOR shall furnish satisfactorv evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, instaHed, connected, erected,
used, cleaned and condition.ed in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Docwnents.
Progress Schedule:
6.6. CONTRACTOR shall acil1ere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in eliect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes allll "Or-Equal" Items:
12
6.7.l. Whenever an item of material or equipment is
specified or described in the Contract Doclllnents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or de.<;CJiption
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
contains or is followed by word~ reading that no like,
equivalent or "or-equal" item or no substitution is
by the resulting change, all of whi.ch will be
considered by ENGJNEER in evaluating the
proposed substitute. ENGJNEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6. 7.1.3. CONIRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or-equal" or substitute item will be at
CONTRACTOR's expense.
6.7.2. Substitute Constmction Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utili7.C a
substitute means, methoc~ technique, sequence or
procedure of construction acceptable to ENGINBER.
CONTRACTOR shall submit sufficient infomiation to
allow ENGfNEER. in ENGINEER's sole discretion, to
detem1ine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER wiU be
similar to that provided in subparagraph 6.7.1.2.
6. 7.3. Enginee!'s Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7. l.2 and 6.7.2. ENGJNEER will be the
sole judge of acceptability. No "or-equal" or
substitute wi ll be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's
expense a special perfom1ance guarantee or other
surety with respect to any "or-equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Docum ent5 (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a subslitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Con5ultants for evaluating each such
proposed substitute item.
6.8. Conceming Subcontractors, Suppliers and
Others:
6.8. l. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGJNEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perfonu any of the Work against whom
CONTRACTOR. has reasonable objeccion.
EJCOCG£NERALCONDl110NS 1910.S (1990 Edition)
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations perfonning or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organi:wtio115 perfonuing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.1 1. AU Work perfom1cd 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 tenns and
conditions of the Contract Docwnents for the benefit of
OWNER and ENGINEER. 1.Vhene-ver any sucn agreenient
is vrith a Suecentmoter er Supplier whe is listed as an
adelitioAal ireured Ofl the property insuFBAee provided iA
paragraphs 5.6 er 5.7, the egree1nent eetween the
GGN'.f.RAG+GR-anEl-the-SuooeAtr1lcteH'lf-Sup13l·ier-w~ll
eontaffi pro·<"ision:s whereby the 3ubeoAtraetor or Supplier
wai'les aU rights against OWNER, GO~ITRACTOR,
6NGJl>ra6R, E}JGrl>J'BE:R'S Consultants end all ether
additional insureds fer all losses AREi da1~
arising out of or re5Ulting fr.om e11y of the perils eo•rered by
such pelieies e:REI eny other proi:ierty iRsuranee applieeele te
the-Wer-k,,--U:..tRe-insurer-s-0n-a:F1y-sueh-p0l ieioo-reeiuire
separate wai•1er forms to be sigAed by 8fl)' 8ul:leontrnetor er
Suppliei:, GOl>ffRJIGTOR will g~taifl Uie oome
Patent Fees and Roya/Jies:
6.12. CONTRACTOR shall pay all license fees and
royalties and assWTie all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design. proces.5, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Docwnents for use in the
perfonnance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license foe or
royally to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent pennitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER. ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the perfomianoe 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.
14
1375 Sherman Street
Denver Colorado 80261
Sales and Use Taxes for the Stale of Colorado.
Remona! Transwrtation District <RID) and certain
Colorado counties are collected bv the State of
Colorado and are included in the Certification of
Exemption.
AIU!Jmljcable Sales and Use Taxes Cinclugmg_filate
collected laxes), on any items other than con~truction
and building materials phvsically incorJJOraled into the
project are to be paid bv CONTRACTOR and are to
be included in appropriate bid items.
()se of Premises:
6.1 6. CONTR.t..CTOR shall confine con')l.ruction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and pennitted by the Contract Docwnents and
other lend and areas pem1itted by Laws and Regulations,
rights-of-way, perm its 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 perfonnance of the Work. Should any claim be
made by any such owner or occupant because of the
perfomiance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
e>.1:ent permitted by Laws and Regulations, indemnify and
hold hannless OWNER ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and again5t all claims, costs. losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the e.xtent caused by or based
upon CONTRACTOR's perfonnance of the Work.
6. 17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accwnulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
oon~truction equipment. and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER al Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6. I 8. CONTRACTOR shall not load nor perm ii any part
of any structure lo be loaded in any manner that will
endanger the structure. nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pres.~rcs that wi II endanger it.
Recortl Documems:
EJCOCG£NERALCONDI110NS 1910.S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
6.19. CONTRACTOR shall maintain in a safe place at
notice to OWNER and CONTRACTOR in accordance
with paragraph 14. 13 that the Work is acceptable (except as
otherwise expressly provided in cOTUlection with
Substantial Completion).
6.21. Safety Repre.sentative:
CONTRACTOR shall designate a qualified and
experienced safety representative al the site whose duties
and reSponsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
ooordinating any exchange of material safety data sheets or
other hazard communication infom1ation required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6.23. L11 emergencies affecti11g 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 CONTRAC l'OR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
dctem1ines that a change in the Contract Document~ is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be i.ssued to document the
consequences of such action.
6.24. Sit op Drawings and Samples:
16
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with re!>-pecl to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACfOR proposes to
provide and to enable ENGINEER to review the
infom1ation for the limited purposes required by
p0ragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to materia~ Supplier, pertinent data such as
catalog numbers and the use for which intended and
otho::rwise as ENGINEER may require to o::nable
ENGD-.JBER to review rhe submittal for rhe limired
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
COn$truction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER. and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called [or by
ENGINEER on previous submiuals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention lo each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25. l .
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submiss.ions accepted by ENGINEER as
required by paragraph 2.9, any related Work perfonned
prior to ENGINEER:s review and approval of the pertinent
submittal wi ll be at the sole expense and responsibility of
CONTRACTOR
Conti11ui11g tlle Work:
6.29. CONTRACTOR shall cany on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR'.~ General Warran(Jl and
Guara11tee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR'S warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse. modification or improper
m~1intenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. nonnal wear and tear under nonnal
usage.
6.30.2. CONTRACTOR'S obligation to perfonn and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will consriruce an acceptance of Work thac is nm in
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
accordance with the Contract Doc\Uuents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Document5:
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6 34. All representations, indemnifications, warranties
and guarantee's 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 tem1 ination or completion of the Agreement.
ARTICLE 7--0THER WORK
Related Work aJ Sile:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions sm1 ilar 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 Docw11ents, 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 perfonnance will involve additional expense lo
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extent thereof:
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a di.reci contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable oppornmity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be aITected.
The duties and responsibilities of CONTRACfOR under
this paragraph are for the benefit of such utility owners and
other comrncrors ro the emem that there are comparable
18
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
prov!Stons for the benefit of CONTRACTOR in said
direct contracts between OVJNER and such utility owners
and other contractors.
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.5. Q'.ll}JBR's reSj:1onsieilities ia res~f pw-ehasiHg
aRd rnaintaiHi.Hg 1-iaeility aRd i:iro13efty insw-anGe ere set
foflh-in-parngraphs-5:-5-throligh+.-!4:
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph I 0.4.
8.7. OWNER's responsibility in respect of certain
~-pections, h:sts and approvals is set forth in
paragraph J 34.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13. l 0 and 15. l.
Paragraph 15.2 deals with OWNER's right to tenuinate
servicc.5 of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perfonn or furnish the Work in accordance with
the Contract Documents.
8 10. 0'>1N6R!s reSj:1onsibility in reSj:1eet of undir.olosed
Asbestos, PCB~-; Petroleum, lofozarElel:IS Waste or
Radioaeti't·e Materials uneoYered or fe'<eeled at the sit<Hs
set forth in f:10Fagmph 4.5.
8.11. If and to the entellt O\l/HER has eg,r~eEI to fomish
CONTRACTOR rea~onable euidenge tool fir,·mgial
ruHmgements-rui-v-0een-mae6-te-sa~isfy-GWNE~
eeliga~ons liflEler the CeRlfllel Deet1meRlH; OWl'lER's
res~n">ibility-in-res~et-ther..iet:-w~U-0e-as-set-f'61'th-i.tHJ1e
Sui:>~lementaf}'-Gene·itiell.'r.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9. 1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Document~ and
shaU not be extended without written consent of OWNER
and ENGJNEER
Visits to Site:
9.2. ENGINEER will make visits lo the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to ol=rve as an
ei--perienced and qualified design profes.~ional the progress
EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of O\¥NER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will nol be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
20
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meet~
9.3.2.3. Liaison
9.3.2.3. 1. Serve a~ ENGINEER'S liaison
with CONTRACTOR. working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or infomiation. when
required for proper execution of the Work.
9.3.2.3.3. Advise the ENGrNEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9 3 2 4 Reyjew of Work. Rejection of Defective
Work. Inspections and Tests -
9.3.2.4. 1. Conduct on-site observations of
the Work in progress to assist the ENGINEER
in dctem1ining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.2. Report to the ENG!NEEiR
whenever the Representative believes that the
Work is unsatisfactory. faulty or defective or
does not conform to the Contract Documents.
or has been damages! or does not meet the
requirements of any inspections. tests or
approvals required to be made; and advise the
ENGJNEER when he believes work should be
corrected or rejected or sbould be uncoyered
for observation. or requires special testing,
inspection or approval.
9.3.2.4.3. Accompany v1s1tmg, ~pectors
representing public or other agencies having
jurisdiction over the Project record the results
of these inspections and reoort lo the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit lo
CONTRACTOR clarification and internretation
of the Contract Documents as issued by the
ENGINEER.
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggest.ion.~ for
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~)
modification in Drawings or Specifications and
report these recommendation;; to ENGINEER.
Accurately transmit lo CONTRACTOR
decisions issued by the ENGINEER
ENGINEER, noting particularly the relationship of
~ient requested to the schedule of value:;;,.
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2. l 0. Completion.
9.3.2. l 0.1. Before ENGINEER issues a
Certificate of Substantial Completion. submit
to CONTRACTOR a list of observed items
requiring correction or completion
9.3.2.10.2. Conduct fina l inspection in the
companv of the ENGINEER, OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authoritv: The Representative shall
not:
9.3.3. 1. Authorize any deviations from the
Contract Document<> or accept any substitute
materials or egy.ipment unles.5 authorized by~
ENGTNEER.
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents
9.3.3.3. Undertake any of the respen<>ibilities
of the CONTRACTOR. Subcontractors, or
CONTRACTOR'S superintendent.
9.3 3 4. Advise on. or issue directions relative
to or assume control over an.Y. aspect of the
means. methods. techniques, sequences or
ws:edures for s:onstruction unless such js
specifically called for in the Contract Documents.
9.3.3.5. Advise on or is.<rue directions
~ or assume control oyer sa(enf.
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sarn12le
submittals from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in !>pecialized field or
laboratory tests or in!>pections conducted by others
except as specifically authorized by the
ENGINEER.
Clarijicatio11s a11d Interpretatio111;:
9.4. ENGINEER will issue with reasonable promptness
such wrinen clarifications or imerpretation~ of the
EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OVINER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
for Payment or otherwise). ENGINEER's written decision
thereon will be Gnal and binding upon O\\INER and
CONTRACTOR unless, within ten days after the date of
any such decision. either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC-A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
e.'l:ercise such rights or remedies as the appealing party may
have with respect to ENG.INBER'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 DL'Putes:
9.1 L ENGINBBR will be the initial interpreter of the
requirements of the Contract Docwnents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirement<; of the Contract
Documents pertaining to the pcrfom1ance and furnishing of
the Work and claims under Atticlcs 11 and I 2 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 ~GJNEER and the other party with.in
si.."ty days afier the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing parcy
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unl es.<> ENGINEER allows addi tional time).
ENGINEER will render a fonnal decision in writing within
thirty days after receipi of the opposing party's submittal, if
any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
Wlless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC..A, "Dispute
Resolution Agreement•, entered into between O\\INER and
CONTRACT OR pursu~mt to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a Com1al
proceeding is instituted by the appealing party i.n a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing pany may have with respect to such claim,
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE JO-CHANGES IN THE WORK
JO.I. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable condi tion,~ of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work perfonned that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER an.cl CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph I 0.1, (ii) required
because of acceptance of defective Work under
paragraph 1313 or oorrecting defective Work under
paragraph 13. 14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Tin1es which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9. 11 ;
provided that., in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
acC-Ordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
I 0.5. If notice of any change affecting the general s~'Ope
of rhe Work or the provisions of the Conrracr Documents
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
I0.6. By the execution of a Change Order. a Work
Change Directive or Written Agreement. OWNER and
paragraphs 11.9. I through 11.9.3. inclusive);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contrnct Document<>. by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement lo a lump sum is nol reached under
paragraph 11.3.2. on the basis of the Cost of the Work
(detem1ined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(detem1ined as provided in paragraph 11.6).
Cost oftl1e Work:
11.4. The tem1 Cost of the Work means the sum of all
oosts necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such coots shall
be in amount~ no nigher 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:
24
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the l°l9sis of their time spent on the
Work. Payroll costs shall insh,icle;-euo.net be limited t0:
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment. excise and payroll taxes. workers'
c-Ompensation, health &Acl-retireme!ll benefits,- be!luses;
siek leave. vaeatieH aaEI heliday pay applicable thereto.
The expenses of performing Work after regular
working hours. on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
traru,ix:irtation 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 lo make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and retunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subconrractors lf required by OWNBR,
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
performance and fomishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settkments made with the written consent and
approval of OWNER No such losses, damages
and ~'<Penses shall be included in the Cost of the
Work for the purpose of determining
CONTRACTOR's fee. u; however, any such loss
or damage requires reconstruction and
CONTRACrOR is placed in charge thereof,
CONTRACrOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilit ies at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone cal ls, telephone service at
the site, e>-1)res.c;age and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5. I. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership ::md sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants. purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
!.pecifically covered by paragraph 11.4.4-all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Docwi1ents to purchase and maintain
the same (except for the cost of premiwns covered by
subparagraph 11 .4.5.9 above).
11.5 .5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defeclive Work.
detenuined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in fonn acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Alluwa11ces:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that:
11.8. l. the a llowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly acljusted.
11.9. Unit Price Work:
26
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times Lhe estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bid~ and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9 .10.
11.9.2. Each unit price will be deemed lo include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
l 1.9.3. O\.\fNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3. I. the quantity of any item of Unit Price
Work perfonued by CONTRACrOR differs
materially and significantly from the e~'limated
quantity of such irem indicated in rhe Agreement;
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any pM of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
tin1e loot due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. ln no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACfOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors perfonning other work as contemplated
by Article 7.
ARTJ.CLE 13- TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER. ENGINEER's Cornultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasena-ble- times for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safoty procedures and programs so
that they may comply therewith as applicable.
Te~ts and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory lo perform all
iru.pections, tests, or approvals required by the Contract
Documents except:
13.4. l. for inspections, tes!S or approvals covered
by paragraph 13.5 below;
13.4.2. that coots incurred in connection with tests
or inspect.ions conducted pursuam to paragraph 13.9
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body. CONTRACrOR
uncovering, exposure, observation, inspection, testing,
replacement and recon5truction; and, if the part.ies are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
lo supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will confom1 to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correctio11 or Removal of Defective Work:
13.11. Tf required by ENGINEER, CONTRACTOR shall
promptly, as directed. either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, los.5es and
damages ca1Lwd by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Co"ectio11 Period:
13.12.1. If within~ two years after the date of
Substantial Completion or such longer period of time a<;
may be prescribed by Laws or Regulations or by the
terms of 3ny applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contracl Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such in<;tructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all co~ts of repair or replacement of work of
others) will be pQid by CONTRACTOR.
13.12.2. In special circumstances where a panicular
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 elate if so provided in the Specifications or by
Written Amendment
13.12.3. Where de/eclive Work (and damage ro orher
28
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~)
Work resu !ting therefrom) has been corrected,
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work CONTRACTOR shall
not be allowed an ex-tension or the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the e.xercise by OWNER o[OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR A.ND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for prO!:,'TeSS payments
and will be incorporated into a fonn of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Paymellt:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documenl~. 1 f payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a biJI of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate properly insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or anv arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes Section 24-91-101,
ill!!&
CONI'RACTOR's Warranty ofTitle:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER wll1, within ten days after receipt of
each Application for Paymem, either indicare in writing a
EJCOCG£NERALCONDI110 NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment., or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGJNEER's opinion to protect 0 \VNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been dam aged requiring correction or replacement.
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2. l through I 5.2.4 inclusive.
OWNER may refuse to make payment of the ful I amount
recommended by ENGINEER because:
14.7.5. claims have been made ag.1inst 0\:1/NER on
account of CONTRACTOR'S perfonnance or furnishi ng
of the Work.
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7 .7. there are other items entitling OWNER to a set-
off again.~t the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.71 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Comp/etio11:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items spec..-ifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to cletem1ine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
wri ting giving the reasons therefor. lf BN'GD'ffiBR
30
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~)
con.~iders the Work substantially complete. ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
CONTRACTOR at any time may notify OWNER and
ENGJNEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and suh<;tantially complete and request ENGINEER to
issue a certificate of Suh<;tantial Completion for that
part of the Work. Within a reasonable time alter either
such request, OWNER, CONTRACTOR and
ENGJNEER shall make an inspection of that part of
the Work to detenuine its status of completion. If
ENGJNEER does not consider that part of the Work to
be suh<;tantially complete, ENGJNEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If .BNGINEER considers that part of
the Work lo be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior lo compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final I nspectio11:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGJNEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in wh.ich this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Paymelll:
J 4.12. After CONTRACTOR has completed all such
corrections lo the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked-up record document~ (as provided in
paragraph 6.19) and other docwnents, CONTRACTOR
may make application for final payment following the
procedure for progress payment~. The fmal Application for
Payment. shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents. including but not limited to the
evidence of insurance required by subparagraphS.4.13,
(ii) consent of the surety, if any, Lo final payment, and
(iii) complete and legally eliect.ive releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of COl'-ffRACTOR that: (i) the releases and
receipts include aU labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER!s
property might in any way be responsible have been paid or
otherwise sarisfied Tf any Subcomraccor or Supplier fails
EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition)
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any ~-pecial guarantees specifad therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2.A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK Al'ID
T.ERM]J"'IATION
OWNER May Suspe11d Work:
IS.I. Al any lime and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract T imcs, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor a5 prov.idcd in
Articles 11 and 12.
Ol¥NER May Terminate:
15.2. Upon the occurrence of any one or more of the
following evenl5:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, afier giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
pem1itted by Laws and Regulations, terminate the services
of CONTRACTOR exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTO"R for trespas.<> or
conversion), incorporate in the Work all materials and
equipmem stored at the site or for which OWNER has paid
32
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
CONTRACTOR but which are stored eL5ewhere, and
finish the Work as O\¥NER may deem expeclienl In such
case CONTRACTOR shall nol be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs.
los.5es and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
sum finally detem1ined to be due, then CONTRACTOR
may, upon seven clays' written notice lo OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
tem1inate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for e>qxmses or damage
directly attributable to CONTRACTOR's stopping Work as
pem1ined by this paragraph.
ARTJ.CLE 16-DISPUTE RESOLUTJON
Tf and to the extent tllat OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC-A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any fa-pule.
ARTICLE 17-~IlSCELLANEOUS
Givi.11g Notice:
l 7.1. Whenever any provision or the Contract
Docun1ents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the !im1, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail postage prepaicl to the
last business address known to the giver of the notice.
17.2. Computati.011 ofTi.me:
l 7.2. l. When any period of time is referred to in the
Contract Documents by days, it will be oornputed to
exclude the first and include the last day of such
period If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction. such day will
be omined from the computation.
EJCOCG£NERALCONDI110NS 1910-S (1990 Edition)
w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
l 7.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
subcontractors in or about the performance of the Work.
Such funds must be withheld until said claims have
been oaid or such claims as filed have been withdrawn.
such payment or withdrawal to be evidenced by filing
with OWNER a r~eipt in full or an order for
withdrawal in writing and signed by the person filing
such a claim or his duly authorized agents or assigw;.
Such funds shall not be withheld longer than ninety (90)
days following the date fixed for final settlement, as
published in a public newsoaper in accordance with the
law, unless an action is commenced within that Lime to
enforce such unooid claim and a notice oflis pendens is
filed with the OWNER. At the expiration of such
ninetv (90) dav period, OWNER shall oov to
CONTRACTOR such moneys and funds as are not the
subject of suit and lis pendens notices, and shall retain
only sufficient funds to insure the pavment of
judgements which mav result from the suit.
34
EJCDC GENERAL CONDm ONS 1910-S (199() Editioo)
w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 66 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
EXHIBIT CC-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 CONTRAC l'OR is
amended to include the following agreement of the parties:
16.1. Al I claims, disputes and other matter~ . in
question between OWNER and CONTRACI'OR ansing
out of or relating to the Contract Documents or. the breach
thereof (except for claims which have been waive? by the
making or acceptance of fina l ~ayment as p~ov1~ed ~y
paragraph 14.15) will be decided by arb1tra11on . m
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association thc_n
obtaining, subject lo the limitations of the Article 16. Tlus
agreement so 10 arbitrate and any other agreeme!lt or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be spcci~cal_ly c~or~eablc
under the prevailing law of any court havmgJur1sd1cbon.
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for deci~on in ~cco~dance with
paragraph 9.11 wi ll be made until the earh~r ot (a) ~he elate
on which ENGINEER has rendered a wntten decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered bv ENGINEER before that clate. No demand for
arbitratio~' of any such claim, dispute or other matter \~ill
be made later than thirty days after the date on which
ENGTNEER has rendered 11 written decision in respect
thereof in accordance with paragraph 9.11; and lh~ failu'.e
to demand arbitration within said thirty days' pcnod will
result in ENGINEER's decision being fmal and binding
upon OWNER and CO~RA~OR ~f ENGINEER
renders a decision after arbitrabon proceedings have been
initiated. such decision may be entered as evidence but will
not supersede the arbitration proceedings. except where the
decision is acceptable to the panies concerned. No demand
for 11rbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand. has
delivered written notice of intention to appeal as provided
in JJ'lragraph 9.10.
16.3. Notice of Lhc: demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for infonnalion The demand for
arbitration will be made within the thirty-clay or ten-clay
period specified in paragraph 16,-2 as applicable: and. in all
other cases within a reasonable tune after the clain1, d1Spute
o r olhP,r nrnltP.r in rp 1~inn hM Ari!;Jm, nnrl in no iwP.nl shnll
any such demand be made after the date when i11:5titution of
legal or equitable proceedings based on such cla1111, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCOC GENERAi.. CONDITIONS 1910·8 (1990 Editioo)
wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
16.4. 11xcept as provided in pa~agraph 16.5 below.
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✿ ❀ ✫ ✮ ❁ ✬ ✭ ✭ ✯ ❂ ✫ ✰ ✫ ❃ ✪ ✭ ✰ ✄ ✮ ✯ ✹ ❀ ✱ ✫ ✵ ✭ ✱ ✬ ✶ ✲ ✴ ✳ ✴ ✮ ✭ ✲ ✯ ✶ ✰ ✶ ✴ ✰ ✳ ✫ ✰ ✭ ✰ ✲ ✺ ✶ ✲ ✵ ✪ ✲ ✵ ✪ ✺ ✫ ✮ ✬ ✬ ✭ ✭ ✷ ✶ ✲ ✴ ✳ ✲ ✰ ✮ ✯ ✸ ✵ ✢ ✭ ✮ ✹ ✭ ✭ ✯ ✫ ✶ ✱ ✫ ✰ ✦ ✶ ✵ ✧
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■ ❄ ❑ ❂ ❀ ✄ ■ ■ ■ ❄ ❄ ❄ ❑ ❑ ❑ ❂ ❂ ❂ ❀ ❀ ❀ ✄ ✄ ✄ ❀ ❀ ❀ ✁ ❃ ❖ ❅ ❅ ❅ ■ ❄ ❑ ❂ ❀ ✄ ❀ ☎ ❑ ✟ ✁ ❋ ❋ ❁ ❀ ■ ❄ ▲ ❃ ❁ ▼ ✄ ❀ ✁ ▲ ✄ ❄ ✁ ■ ❃ ◆
P ◗ ❛ ❝ ♥ ❜ ❘ ♣ ❝ ❞ ❙ ❝ ❢ ❚ ❦ ❝ ❞ ❯ ❛ ❛ ❱ ❣ ❡ ♣ ❙ ✉ ❲ ❢ ♥ ❣ ❡ ❤ ❛ ❛ r ❝ ✐ ❥ ❝ ❛ ❜ ❛ ❞ ❜ ❛ ❦ ❦ ❛ ♥ ❛ ♣ ❜ ❝ ♥ ❣ ✈ ❧ ❦ ❡ ♥ ♠ P ❥ ❝ ❢ ❙ ❝ ❤ ❣ ❚ ❞ ❣ ✇ ❳ ❡ ❨ ♦ ❩ ✐ ❝ ❨ ❤ P ❝ ♥ ❣ ❯ ❞ t ❳ ♦
❣ ❙ ❤ ♥ ❦ ❛ ❬ ♥ ① ❭ ❛ ❢ ❪ ❣ ❣ ❤ ❫ ♠ t ❙ ❝ ❞ ❚ ❛ ❡ ❴ ❣ ❤ ♣ ❢ q ❡ ❣ ♥ ♠ ♣ ❡ ❝ ❛ r ❝ ❡ ❜ ♥ ❦ s ❡ ■ ■ ■ ❄ ❄ ❄ ❣ ✐ ❑ ❑ ❑ ❦ q ❂ ❂ ❂ ♥ ❀ ❣ ❀ ❀ ❥ ✄ ✄ ✄ ❣ ❀ ❀ ❀ ♥ ❢ ❋ ✄ ❝ ❡ ❞ ❅ ❅ ❅ ❞ ♥ ❛ ♦
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❝ ❢ ❵ ❧ ❜ ❣ ❛ ❤ ❜ ❝ ❡ ❝ ❞ ♣
■ ❏ ❄ ✂ ❑ ❀ ❢ ❣ ❀ ③ ❣ ❢ ❤ ❛ ♠ ♦ ❝ ✐ ❞ ❝ ❢ ❝ ❡ ❦ ♥ ❛ ❞ ❣ ✂ ✞ ❦ t ✿ ♥ ❦ ✄ ♣ ❥ ❁ ❢ ❋ q ❡ ❣ ■ ❄ ♥ ❑ ❝ ❞ ♣ ❂ ❞ ❀ ❝ ❛ ✁ ♦ ❝ ❡ ❄ ❣ ❃ ♣ ♥ ✄ ❞ ❡ ❡ ❤ ✐ t ❞ ❦ ♦ ❥ ❢ ❧ ❜ ADDL ❣ ❧ ❤ ❡ ❛ ❦ ♠ ❝ ❝ ❢
♥ ❝ ① ❣ ❛ ❞ ❜ ✉ ❣ ♠ ❝ ❝ ♥ t ❞ ❝ ❛ ♦ ❞ ❤ ❞ ❦ ❜ ♥ ❡ ❢ r ❣ ❦ ♥ ✐ t ✐ ❦ ❡ ❥ ❤ ♣ ❜ ❦ ❣ s ♣ ❣ q ❥ q ❣ ❛ ❣ ❜ ♥ ❣ ❤ ❧ ❣ ❡ ♣ ♠ ♦ ❝ ❢ ❢ ❝ ❣ ❣ ❞ ♣ ♣ q ❥ ❣ ❞ ❧ ❢ ❦ ❤ ❝ ♣ ❝ q ❣ ❢ ♣ ♠ ❦ ❜ ❝ t ❣ ❞
❤ ✉ ❣ ❝ ♥ ❝ ❞ ❞ ♦ q ② ❣ ❢ ❛ ❛ ❡ ❦ ♠ ♠ ❛ ❜ ❣ ❛ ❣ ❤ t ❞ ①
INSD
SUBR
❃ ❁ ✆ ④ ✆ ⑤ ✄ ⑥ ❀ ⑦ ⑧ ❃ ■ ⑨ ✁ ⑩ ❏ ⑧ ⑥ ▲ ❶ ✄ ❷ ❄ ✄ ❀ ✁ ❏ ❏ ❸ ■ ✁ ④ ❖ ④ ■ ❹ ❏ ❺ ■ ✂ ✞ WVD ✿ ❁ ❏ ■ ❃ ✞ ❄ ❂ ✆ ❖ ✄ ❀ ☎ ✆ ✿ ❁ ✆ ❏ ✝ ■ ❃ ✞ ✝ ✞ ✄ ✞ ❋ ✞ ❋ ✞ ✟ ☎ ✆ ✿ ✆ ❁ ✝ ❏ ■ ❃ ✞ ✝ ✞
✞ ✄ ● ✞ ✞ ✿ ✟ ❏ ■ ✆ ■ ✂ ❑
❻ ❷ ❼ ❸ ❽ ❿ ⑤ ❸ ❾ ⑥ ➃ ⑤ ❻ ⑦ ❷ ④ ❻ ❺ ➁ ❺ ❷ ❻ ⑥ ❾ ❷ ❿ ➂ ❷ ❺ ⑤ ④ ⑦ ❸ ⑧ ❾ ⑩ ⑦ ❾ ⑥ ❿ ❿ ⑤ ⑦ ❷ ⑤ ⑨ ❸ ❿ ④ ❷ ❺ ➀
❶ ❷ ❿ ⑧ ❿ ❻ ❿ ⑥ ❺ ❷ ❺ ⑥ ❷ ❷ ④ ❺ ⑧ ❷ ❸ ❼ ❶ ➃ ⑧ ⑨ ❷ ❶ ⑥ ❷ ❸ ❺ ❻ ⑦ ❹ ❸ ➍ ⑨ ❼ ⑥ ④ ❷ ④ ❷ ❿ ⑥ ⑤ ❾ ⑨ ④ ❾ ➄ ⑤ ⑨ ⑥ ⑥ ❸ ❹ ➄ ➑ ❻ ➋ ❷ ⑩ ❺ ❺ ➎ ➅ ❻ ④ ⑥ ❺ ❷ ➆ ❸ ➆ ❺ ❶ ❷ ❼ ➋ ➇ ❷ ⑧ ➒ ❼ ➊ ➇ ❾ ❻ ④ ➈ ❿
⑦ ❷ ➏ ❼ ➉ ⑥ ➓ ❷ ➊ ❶ ➉ ❸ ➂ ➊ ❾ ➉ ❹ ➐ ❿ ➋ ❷ ➆ ➇ ❺ ⑥ ➋ ➊ ➁ ➌ ❻ ➌ ❻
➔➔➔➔➔➔
✁ ❂ ✂ ❁ ⑥ ⑥ ⑥ ➃ ✆ ❼ ⑤ ❹ ⑦ ❺ ⑤ ❁ ➁ ❾ ❷ ❸ ❸ ❖ ⑥ ❶ ⑨ ■ → ❹ ❏ ⑥ ✄ ❾ ❼ ❹ ❸ ❷ ❏ ❾ ❶ ■ ✁ ❸ ⑨ ❖ ■ ❏ ■ ✂ ✞ ⑨ ④ ➃ ❷ ❶ ❹ ⑤ ❷ ❶ ➔
⑥ ❼ ⑥ ❹ ❹ ❸ ❾ ❾ ❼ ❸ ❸ ⑩ ❸ ⑨ ⑨ → ❼ ❷ ❶ ④ ➄ ➣ ❷ ❸ ❸ ➅ ❶ ⑧ ➅ ⑦ ➣ ➇ ⑤ ➇ ⑦ ➁ ❼ ↔ ↕ ⑦ ❷ ➊ ❼ ❶ ➋ ➂ ➙ ❹ ➌ ⑨ ❺ ⑦ ❼ ➁ ❻ ➄ ⑤ ❿ ❷ ➊ ➉ ⑤ ➏ ⑦ ⑧ ➊ ➉ ⑦ ➐ ❾ ➆ ➋ ➌
❿ ➣ ➄ ❿ ❺ ❸ ➊ ❸ ❶ ➉ ❿ ⑦ ➅ ⑤ ➇ ❷ ➁ ➇ ❺ ↔ ⑦ ↕ ❾ ❼ ➊ ➁ ➂ ➋ ❹ ➙ ❶ ➌ ❺ ⑥ ➁ ⑧ ➄ ⑥ ❿ ❻ ➊ ➉ ❷ ➅ ➇ ➇ ↔ ↕ ➊ ➋ ➙ ➌ ➔➔
❶ ❂ ✄ ● ❷ ✆ ❃ ❶ ❖ ✄ ❀ ❑ ✄ ❑ ❏ ❏ ❏ ✁ ■ ✁ ❺ ❏ ❖ ❷ ■ ✁ ❾ ❖ ❷ ❼ ❾ ⑦ ❸ ❼ ➔ ❸ ④ ⑤ ④ ⑥ ④ ⑦ ❹ ⑧ ❺ ⑨ ⑩ ⑧ ⑥ ❶ ❷ ➔➔➔
✁ ➛ ❄ ❁ ❀ ✄ ➜ ✆ ✄ ❀ ✿ ❑ ❏ ❁ ❃ ✞ ❁ ✄ ✆ ❀ ✿ ❑ ✄ ➝ ❄ ❏ ■ ❑ ✁ ✁ ❖ ✂ ■ ❏ ■ ❁ ■ ✂ ❄ ✞ ✞ ✝ ❄ ⑥ ❷ ❻ ⑥ ④ ❻ ➃ ❺ ❷ ❸ ❻ ④ ⑥ ④ ❾ ❹ ❷ ❺ ❺ ❷ ❼ ④ ❷ ➔➔➔
➞ ➤ ➺ ➥ ➼ ✃ ➽ ➟ ➦ ➲ ❐ ➾ ➠ Ö ❒ ➲ ➚ ❮ ➥ ➫ ➫ ➡ ➪ ❰ ➢ Ï ➢ ➾ ➦ ➥ ❒ ➶ ➢ ➤ ➡ ➹ ❮ ➧ ➨ ➡ ➘ Ð ➳ ➴ ➥ Ñ ➢ ➤ Ò ➦ Ó ➷ ➥ ➚ ➟ ❒ ➦ ➳ ➧ ➬ Ô ➵ ➤ ➤ Õ ➮ ➦ ➲ Ï ➢ ➢ ➱ ❒ ➤ ➨ Ñ ➡ ➦ ➡ ➞ ➩ ➦ ➢ ➫ ➢ ➧ ➸ ➞ ➟ ➭ ➧
➦ ➺ ➥ ➤ ➢ ➦ ➨ ➟ ➺ ➦ Ö ➻ ➩ ➦ Ó ❒ ➫ × ➭ Ø Ù ➧ ➥ ➯ ➦ ❄ ✝ ✁ Ý Ú Þ Û ß Ü Þ à Þ Û
➦ ➦ ➦ á á á ➸ ➸ ➸ á á á ➦ ➺ ➺ ➞ ➥ ➥ Ö Ö ➫ ➦ ➦ â ➞ ➞ Ö Ö ➞ ➦ ➦ ➫ ➫ ã ã ➥ ➦ ➡ ➺ ➞ ➤ ➦ ➸ ➟ ➦ ➥ ➧ ➳ ➫ ➠ ➡ ➸ ➸ ➤ ➥ ➳ ➠ ➥ ➦ ➧ ❸ ➦ ❷ ❾ ❺ ➃ ⑩ ➔
✄ ❑ ❃ ❀ ■ ✿ ✂ ■ ❁ ❄ ❁ ❋ ❁ ✿ ✄ ❀ ✁ ✂ ■ ❁ ❄ ❑ ✝ ❏ ❁ ❃ ✁ ✂ ■ ❁ ❄ ❑ ✝ ▼ ✄ ❆ ■ ❃ ❏ ✄ ❑ ☎ ✁ ❊ ❊ ä å æ ✁ ❃ ❁ ❀ ç è ç ❇ ✁ é é ê ❊ ê ❈ ë ä ì ❀ í î ä ï ð ñ ❑ å æ í é ò ì í ❇ î ä ó ô í ä ❊ ❊
ä å æ í é ê õ î ❈ ï í ñ ö ä å í ê ñ ï í ÷ ò ê ï í é ✟ ➔➔
P ❙ ❚ ❳ ❨ ❩ ❨ P ❯ ❳ ❙ ø ◗ ù ú ❙ ❚ P ❯ ✂ ❑ ❬ ❆ ❆ ✄ ❁ P ❂ ✄ ❙ ● ❏ ù ✿ ù ■ ✁ ❀ ❯ ✁ ❄ ✞ ✂ ❳ ■ ❨ ❁ ❁ ◗ ❄ ❋ ❬ ✂ ✁ ❆ ✂ ✄ ✄ ✁ ❖ ✂ ❁ ❆ ▼ ✄ ✄ ❀ ✄ ❁ ✄ ❋ ❑ ❇ ❃ ❀ ❄ ■ ❁ ❖ ✂ ✄ ■ ❃ ✄ ✿ ❁ ➛
❏ ■ ■ ❏ ❃ ❏ ■ ✄ ❑ ❖ ✄ ❖ ✄ ❃ ✄ ✁ ❏ ■ ▼ ❄ ❃ ✄ ✄ ❀ ❏ ✄ ❏ ✄ ■ ❄ ❖ ✄ ❋ ❁ ❀ ✄
✁ ❂ ✁ ✂ ❃ ❆ ❃ ❁ ❁ ❀ ❀ ■ ü ✄ ✁ ❄ ❀ ❃ ✄ ✄ ✿ ➛ ❀ ✄ ■ ✂ ❑ ❆ ✄ ✂ ❄ ✂ ❆ ✁ ✄ ✂ ✿ ■ ▼ ❁ ✄ ❏ ■ ❃ ✞ ✿ ❀ ❁ ▼ ■ ❑ ■ ❁ ❄ ❑ û
❯ P ◗ ❚ ú ý þ ÿ ý ✁ ✂ ✄ ✁ ☎ ❳ ✎ ✒ ❯ P ◗ ❚ ú ✕ ✖ ✗ ✒ ✖ ✕ ✔ ☛ ✘ ✍ ✘ ✖ ☞ ✒ ☞ ✒ ✍ ✌ ✑ ✏ ✒ ☞ ✒ ✔ ✗ ✆ ✖ ✁ ☞ ✝ ✙ ✞ ✑ ✞ ✘ ✟ ý ✚ ❯ ✁ P ✂ ◗ ❯ ❚ P ú ◗ ❚ ú P ◗ ❚ ✠ ◗ ❚ ❯ ❳ ❨ ◗ ❬ ✡ ❯ ☛ ☛ ☞
✌ ✍ ✎ ✏ ✑ ☞ ✒ ✑ ✒ ☞ ✓ ✒ ✔
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
LAYNE INLINER, LLC
7915 CHERRYWOOD LOOP
KIOWA, ✛ ✜ ✢ CO ✣ ✤ 80117 ✥ ✦ ✧ ★
✩ ✪ ✫ ✪ ✬ ✭ ✫ ✮
✧ ✯ ✯ ✧ ★ ✰ ✧
❵ ❵ ❵ ❵ ❵ ★ ✱ ❵ ❵ ❵ ❵ ✰ ✰ ❵ ❵ ❵ ❵ ✰ ❵ ❵ ❵ ❵ ✱ ✰ ❵ ❵ ❵ ❵ ✰ ❵ ❵ ❵ ❵ ✰ ❵ ❵ ❵ ❵
❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵ ❵
❵ ❵ ❵ ✲ ✺ ✳ ✻ ✲ ✴ ✻ ✸ ✵ ✶ ✲ ✷ ✳ ✲ ✼ ✵ ✽ ✸ ✶ ✷ ✷ ✹ ✾ ❵ ✽
✿ ✿ ★ ★ ✧ ★ ✱ ✱ ✱ ✰ ✰ ✱ ✰ ✰ ✰ ✰ ✱ ✰ ✰ ✰ ✰ ✰ ✰ ✱ ✰ ✰ ✰ ✰ ✰ ✰ ✱ ✱ ✰ ✱ ✰ ✱ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰
❀ ❁ ❂ ❃ ❄ ❅ ❀ ❆ ❇ ❈ ❉ ❊ ❋ ❇ ❀ ● ✤ ❀ ❋ ❊ ❁ ❉ P ❉ ❂ P ❃ ❂ ❉ ❄ ❀ ● ❅ ❋ ● ❀ ❍ ❀ ❆ ❀ ❆ ❇ ■ P ▲ ❏ ❀ ▼ ❊ ▲ ◆ ❑ ❏ ❖ ❆ ❖ ❖ ❀ ❏ ❖ ■ ❖ ❖ ❊ ❉ ● ❃ ❅ ● ❀ ❃ ❆ ❇ ❇ ❄ ❀ ❀ ● ■
❵ ★ ★ ★ ✱ ✱ ✱ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✱ ✱ ✱ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰ ✰
✷ ❳ ❞ ❨ ◗ ❡ ❙ ❢ ❚ ❘ ❯ ❣ ❙ ❤ ❩ ❚ ❯ ✐ ✷ ❱ ❥ ❲ ❦ ◗ ❤ ❳ ❘ ❨ ❙ ❧ ❚ ❙ ❤ ❯ ❚ ♠ ❯ ❱ ♥ ❩ ❲ ♦ ❬ ❬ ♣ ❲ ❲ ❤ ❭ ❭ ❨ ❨ q ❙ ❙ ❡ ❱ ❱ ❲ ❲ r ❯ ❯ ❦ ❘ ❘ s ✲ ✲ t ❪ ❪ ♣ ◗ ◗ ❤ ❫ ❫ ✉ ❱ ❱ ❲ ❲ ❴ ❴ ❵ ❜ ❜ ❛ ✈ ②
❵ ③ ❜ ❵ ✇ ✇ ❝ ① ③
✷ ④ ✷ ⑤ ✮ ✩ ✫ ⑥ ⑦ ⑧ ⑥ ⑨ ✭ ✫ ✩ ✪ ✫ ✪ ✬ ✭ ✫ ⑦ ✩ ✪ ✫ ✪ ✬ ✭ ✫ ✮
✷ ✾ ✹ ✳ ✮ ✩ ✫ ⑥ ⑦ ⑧ ✩ ⑨ ✭ ✫ ✩ ✪ ✫ ✪ ✬ ✭ ✫ ⑦ ✩ ✪ ✫ ✪ ✬ ✭ ✫ ✮
✷ ✷ ✲ ④ ❷ ✭ ❷ ❹ ✬ ✵ ✲ ✲ ⑩ ✳ ✫ ⑤ ✮ ✮ ✮ ✾ ✩ ✩ ❶ ✫ ✫ ⑥ ✷ ⑥ ⑥ ❶ ⑤ ⑦ ⑦ ⑦ ❸ ⑦ ⑧ ✴ ✭ ❶ ⑨ ⑨ ❻ ✭ ✭ ✻ ✬ ✬ ✳ ❸ ❸ ❼ ❷ ✷ ✻ ✳ ❷ ❬ ❺ ❹ ✷ ❺ ✻ ❷ ❽ ❺ ✩ ✩ ✩ ✪ ✪ ✪ ✫ ✫ ✫ ✪ ✪ ✪ ✬ ✬ ✬ ✭ ✭ ✭ ✫ ✫ ✫ ⑦ ⑦ ⑦ ✩
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
✩ ✩ ✪ ✪ ✪ ✫ ✫ ✫ ✪ ✪ ✪ ✬ ✬ ✬ ✭ ✭ ✭ ✫ ✫ ✫ ✮ ✮ ✮
✴ ✳ ✵ ✷ ⑤ ⑤ ✹ ❬ ✲ ✷ ④ ✹ ✽
CITY OF FORT COLLINS
PO BOX 580
FORT COLLINS CO 80522
❾ ❿ ➀ ➁ ❾ ➀ ➂ ➁
✧ ✯ ★ ✥ ✧ ★ ✰ ✥
✥ ➃ ✧ ✰ ➃ ✿ ✰ ✧ ★
✹ ✳ ✶ ❬ ✽ ➅ ✷ ➅ ➄ ④ ❬ ✩ ✲ ❬ ✫ ✹ ✽ ✬ ❬ ✶ ⑧ ✵ ❽ ❹ ✲ ✻ ✸ ❬ ✷ ➅ ✶ ✾ ✶ ✽ ✽ ✽ ❻ ✴ ➈ ⑨ ✵ ❬ ✸ ✴ ❹ ❬ ⑨ ✻ ✶ ⑤ ✷ ✹ ✽ ✴ ✷ ❻ ❻ ✲ ④ ✽ ✽ ❽ ⑤ ➆ ❬ ❹ ⑤ ⑤ ❬ ✾ ✽ ✹ ✴ ✳ ➅ ✽ ❽ ✳ ❻ ✽ ✶ ✻ ✽ ❷ ❹ ❹ ✷ ✶ ✷ ✴ ❬
✶ ✵ ❬ ✵ ✽ ✵ ✷ ✽ ❬ ✶ ✴ ✴ ❽ ✲ ✲ ✹ ❹ ✳ ✸ ✽ ✴ ❻ ❷ ✵ ✽ ✽ ✶ ❻ ✶ ✷ ✷ ❹ ✲ ✪ ✵ ❹ ❹ ✵ ➉ ✷ ✳ ❻ ⑧ ✶ ❻ ✭ ➆ ❬ ❻ ✵ ❷ ❬ ✷ ✳ ✷ ❽ ✴ ✵ ✷ ✴ ✽ ✶ ✹ ✳ ✵ ❬ ➆ ✴ ❬ ✲ ✷ ❹ ✽ ✸ ❬ ✴ ✶ ✳ ❹ ✽ ➅ ✶ ❻ ✲ ✽ ❹ ✷ ❼ ✳ ✴ ✷
✴ ✲ ④ ✽ ❬ ✾ ✹ ✹ ✽ ❬ ✹ ✵ ✴ ✷ ✷ ✽ ✵ ✵ ✶ ❬ ❬ ✳ ✷ ✳ ✴ ✹ ✴ ✷ ✹ ➇ ⑤ ❬ ✷ ✲ ⑤ ④ ❬ ✹ ✵ ❬ ❬ ❽ ✽ ✹ ❬ ❹ ✵ ✳ ❽ ➅ ✷ ➅ ✳ ✴ ✶ ❻ ✵ ✷ ✲ ✸ ✳ ✵ ✹ ✳ ✹ ➆ ❬ ✴ ✳ ❹ ④ ✻ ❬ ❬ ✹ ✵ ✽ ❹
❵ ✢ ✤
✢ ✤
✤ ✤ ✤
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
no arbitration arising out of or relatmg to the Contract
Documents shall include by consolidation. joinder or in any
other manner any other person or entity (including
ENGINEER. ENGINEER's Consultant and the officers.
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1 . the inclusion of such other person or entity is
necessary if complete relief is to be alforcled among
those who are already parties to the arbitration, and
16.4.2. such other person or entity i~ s~bstantially
involved in a question of law or fact which 1s common
to those who are already pan1es to the arbitration and
which will arise in such proceedings. and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall ~onstitute con;;ent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNBR
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
spcci fie provision whereby the Subcontractor consents lo
being joined in an arbitration between OWNER and
CONTRACTOR involving the Wak of . such
Subcontractor. Nothing in this paragraph 16.5 nor m the
provision of such subcontract consenting. to joinder shall
<.Teale any claim, right or cause of action in favor of
Subcontract« and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exJSt.
16.6. The award rendered by the arbitrators will.be
final, judgment may be entered upon it in any court. having
jurisdiction thereo( and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettl~ clai~s.
counterclaims. disputes and other matters m question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"). to mediation
by the American Arbitratioo Association under . the
Construction Industry Mediation ~ules of the An~~n<:&n
Arbitration A5SOciation prior to either of them irulHllmg
againl.t the other a demand for arbitration pur~~a!1t . to
paragraphs 16.1 ~ough 16.6, ~~ss delay m iruha~ng
arbitration would IrTevocably prejudice one of the parties.
The respective thirty anc~ ten. day time limits .within which
to ftle a demand for arb1tra!Jon es provided m paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation .within those ;;amc
applicable time limits and shall remam suspended until ten
days alter the renn i~ation of th~ n.1ediation. ·~·he mediator
of any dispute subn11tted to mcd1at1on under this Agrccm~t
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC-At
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 67 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the right~ and remedies available
hereunder lo the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6. 12, 6. 16, 6.30, 6.31 , 6.32, 13.1, 13.12, 13. l 4,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER. thereunder, are in addition
to, and are not to be construed in any way as a limitation
ot: any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Docwnents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Docwuents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Proftu:sional Faas and Court Costf Jnc/utlad:
17.5. Whenever reference is made lo "claims, costs,
losses and damages", it shall include in each ca5e, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17,6. The laws of the State of Colorado apply to this
hgreement. Reference to two pertinent Colorado statutes
are as follows;
17.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less tllan 80 percent
(80%) of each type or class of labor in the several
classi!ications of skilled and common labor employed
on the project. Colorado labor means any person who
is a bona fide resident of the Stale of Colorado at the
time of employmenb without discrimination as to race,
color. creed, age, religion or sex.
17.6.2. If a claim is filed OWNER is reauired by
law CCRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
pavment of all claims for labor. materials, team hire,
sustenance, provisions. provender, or other supplies
used or consumed bv CONTRACTOR or his
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paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
sl:iall pay the dillerence 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 perfom1ed.
15.3. Where CONTRACf OR's services have been so
terminated by OWNER, the tem1ination will not aliecl
any right<> or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONfRACfOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACfOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER elect to tenninate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
I 5.4.1 . for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of tem1ination, including fai r and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work. plus fa ir 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 tem1.ination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic I=
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate:
15.5. lC 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 BNGIN:SER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for th.iny days co pay CONTRACTOR any
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w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
to ti.mush such a release or receipt in full.
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the con'lent of
the sur1:ty to fmalize wvrnent are to be submitted on
fonns confom1ing to the fom1at of the OWNER'S standard
fonns bound in the Project manual.
Final Payment aml Accept(lllce:
14.13. If. on the basis of ENGJNEER's observation of
the Work during construction and final inspection, and
BNG1NEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents hav.: been
fulfiUed, ENGINEER wiU, within ten days after receipt of
the fmal Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14 15. Otherwise,
BNG1N6BR will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the neccssmy corrections and
resubmit the Application. Thiny days after presentation lo
OWNER of the Application and accompanying
documentation, in appropriate fom1 and substance and
with ENGlNEBR!s recommendation and notice of
acceptability, the amotmt recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.1 4. It: through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confinns, OWNER shal~ upon receipt of
CONTRACTOR's final Application for Payment and
recommendation ofENGlNEER, and without lenuinating
the Agreement. make payment of the balance due for that
portion of the Work ful ly completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5. l , the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGJNEER with the
Application for such payment. Such payment shall be
made under the tern1s and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15. l. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsealed l..iens, from defecrtve Work appearing after
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corrected before final payment OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections. ENGINEER concludes that
the Work is not sub~tantially oomplete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGJNEER oonsiders the Work
substantially complete, ENGINEER wil I within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of th.e tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written reoommendation as to division
of responsibi lities pending fi nal payment between
OWNER and CON rRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to BNG.INEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNBR and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to oomplete or correct
items on the tentative list.
Ptutial Utili;.t1tio11:
I 4.1 0. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.0WNER at any time may request
CONTRACTOR in writing to pennit O\.VNER. to use
any such part. of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that pan of the Work.
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Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation. the amoWlt recommended will (subject
to the provisions of the last sentence of paragraph 14. 7)
become due and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGlNEER'.s recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGJNBER to OWNER, based on
BNG"CNBER's on-site observations of the executed Work
as an experienced and qualified design professional and on
BNGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, infom1ation and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Docwnents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Subst·rntia I Completion, to the resul.ts
of any subsequent tests called for in the Contract
Docw11ent5, to a final detennination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
I 4.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfi lied insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on-site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (ii) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is respon5ib]e for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction. or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or
perfonnance of Work, or for any failure of
CONTRACTOR to perfom1 or furnish Work in
accordance with the Contract Documents
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the represem.ations 10
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removed or replaced under this pQragrnph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of ~
two years after such correction or removal and
replacement has been satisfactorily completed.
lkcepta11ce of Defective Work:
13 .1 3. lf. iru.tead of requiring correction or removal and
replacement of defeclive Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER!s evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGJNEER as lo reasonableness). If any
such acceptance occurs prior to BNGTNEER's
recommendation of final payment, a Change Order will be
is.<>ued incorporating the necessary revisions in the
Contract Docwi1ents with respect lo 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 the.reof, OWNER may make a claim d1erefor
as provided in Article 11. l f the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to 0Wl\1ER.
OWNER May Correct Defective Work:
13 14. If CONTRACTOR fails within a reasonable time
after \~Titten notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perfonn the Work in accordance
with the Contract. Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take posses.5ion of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER's
Consultants access to the site to enable OVvNER to
exercise the rights and remedies under this pQragraph. All
claims, costs, losses and damages incurred or sustained by
0\.1/NER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporalmg the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate de<.Tease 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 I 1. Such claims, casts, los.<;es and
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sha II assume fu U responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furn ish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall a lso be responsible for arranging
and obtaining and shall pay all costs in connection with
any ~-pections, tests or approvals required for OWNER's
and ENGJNEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mi.." designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13 6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGCNEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Unoovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the S.'lme and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncol'ering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER. be uncovered for ENGINEER'S observation
and replaced at CONTRACT OR's expense.
13.9. ff ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover. expose or otherwise
make available for observation, iru.pection or testing as
ENGINEER may require, that portion of the Work in
question. furnishing all necessary labor. material and
equipment If il is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation. inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the pMies are wiable to agree as to the amount
thereof. may make a claim therefor as provided in
Article 11. If, however, such Work is nol found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Mile.<;tones), or both, directly amibmable t0 such
27
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11.9.3.3 if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowleilies that
the OWNER has the right to add or delete items in
the Bid or change quantities at OWNER'S sole
discretion without affectina the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twentv-five percent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT T!MES
12.l. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice <lei ivered by
the party making the claim to the other party and to
ENG'INEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty clays after such occurrence (unless
.ENGINEER alJows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimanCs written statement that the
acljustment claimed is the entire adjustment to which the
claimant has reason to believe it i~ entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwL<>e agree.
No clain1 for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements oflhis paragr~1ph 12.1 .
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) clue to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time Jost 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 nol be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors perfom1ing other work as contemplated
by Artick 7, fires. Ooods, epidemics, abnom1al weather
condirions or acts of God. Delays an:ributable ro and
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disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
eiqJressly included in paragraph 11.4.
11 .6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as fo!Jows:
11.6.1 . a mutually acceptable fixed fee; or
11.6.2. if a li><ed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4 2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.4.3. the CONTRACTOR's fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fi"'<ed fee is agreed upon, the
intent of paragraphs 11.4.1 , 11.4.2, 11.4.3 and
11.6. 2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
wi 11 be pa id a fee of fi ftcen percent of the costs;
incurred by such Subcontractor under paragraphs
11.4.l and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee~f:..+iv&-FlereeR&-et:-tfi&-ameuRt.-J*!i~-te
lhe-next-lewer-~ier-Subeentrnete?, to be negotiated
in good faith with the OWNER. but not to exceed
five percent of the amount paid to the next lower
tier Subc9ntractoc
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4. 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR'S fee by an amount
equal to five percent of such net de<:.Tease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
EJCOCG£NERALCONDI110 NS 1910-S (1990 Edition) 25
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CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to O\\'NER. and
CONTRACTOR and shall deliver such bids lo
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 Cosl of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in lhe same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special conc;ultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence ex-penses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance. of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work. and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR
11.4.5.3. Rentals o f all construction
equipment and machinery and the parts thereof
whelher rented from CONTRACTOR or others in
accordance with rental agreements approved by
OVlNER with the advice of ENGINEER. and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof-all
in accordance with terms of said rental
agreements. The rental of any such equipment.
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
J 1.4.5.4. Sales, consw11er, use or similar taxes
related to the Work., and for which
CONTRACTOR i~ liable. imposed by Laws and
Regulations.
J 1.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR. any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for pennilS and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or othenvise, sustained
by CONTRACTOR in connection with the
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CONTRACTOR ex re!i§l.Y_!!_Cknowledge and agn;e that
said Change Order. Work Change Directive or Written
Ameement provides for a fair and equitable adjustment in
the Contract Price and/or Contract Times for the additions.
deletions or revisions in the Work as authorized by said
Change Order, Work Change Directive or Written
Agreement OWNER and CONTRACTOR further
e,wressly acknowledge and agree that claims for
adjustmcnt5 to the Contract Price and/or Contract T imcs
covered bv a Cha112e Order. Work Change Directive or
Written Agreement are not valid.
ARTlCL.E 11--CHANGE OF CONT.RA CT PRLCE
11.1. The Contract Price oonstitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be atCONTRACTOR's expense
without change in the Contract Price.
l J .2. The Contract Price may only be changed by a
01ange Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) alter the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (tulless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGJNEER in
accordance with paragraph 9.1 l if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price wlll be valid if not submitted in accordance with this
paragraph I 1.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjusbuenl in the Contract
Price will be detennined as follows:
11.3. l. where the Work involved is covered by unit
prices oontained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subjecr to rhe provisions of
23
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di~-pute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
22
EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
paragraphs9.1 0 and 9.1 1, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9. 11 with respect to any such claim. cfu.-pute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) wi ll be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Document~ or by Laws or Regulations in respect of any
such claim, dispute or other matter~uant lo Artiele 16.
9.13. Limitations on ENGINEER's Authority and
Respon.tibilities:
9.131. Neither BNGINEBR's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGIN'EBR in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR. any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.132 . . ENGl'NBER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR'S means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto. or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
perfom1ance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure lo perfom1
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.1 3.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions. schedules.
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by JJ!lragrnpb 14.12 will only be to
determine generally that their content complies with
the requirements of. and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.1 3.5. The limirations upon authority and
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or the Contract T irnes and the parties are unable to agree
to the amount or extent thereo( if any. OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article l l or Article 12.
A.utlwrized Variations in Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field Order
and wil l be binding on OWNER and also on
CONTRACTOR who sha.11 perform the Work involved
promptly. ff OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract T imes and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGJN'EER 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 confonns to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles I 0, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for P'Jyment, see Article 14.
Determinations for U11it Prices:
9.10. ENGINEER will detennine the actual quantities
and classifications of Unit Price Work perfonned by
CONTRACTOR. ENGINEER will review with
CONTRACJ'OR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recom menclation of an Application
21
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9.3.2.7. Records.
9.3.2.7.l. Maintain at the Representative's
office orderly files concerning
correspondence. reports of job conferences.
Shop Drawings and samples. reproductions
or original Contract Documents including all
Work Directive Changes, Addenda, Change
orders, Field Orders, additional drawings
issued subsequent to the execution of the
Agreement, ENGINEER'S clarifications and
intcmretations of the Contract Documents,
progress reports and other project
docwnents.
9.3.2.7.2. Keep a diarv. dailv
report fom1, or log book, recording hours on
the job site. weather conditions. data relative
to gue._<;tions of work directive changes,
Change Orders, or changed conditions, list
of job site visitors. daily activities. decisi.ons.
observations in general and specific
observations in more detail as in the ca<>e of
~g te021 procedures· send copjes to the
ENGINEER
9.3.2.7.3. Record names,
addresses and telephone numbers of all
CONTRACTORS. subcontractors and
major su12pliers of equipment and materials.
9.3 2.8. Reports.
9 3 2 8.1. Furnish ENGINEER periodic
reports as required of the prpgress of the
Work and of the CONTRACTOR'S
coo1Rliance with the progress schedule and
schedule of shop Drawing and sample
suhmittaJs.
9.3 2 8 2 Consult with ENGINEER in
§ldvance of scheduling major t~
inspections or start of im po11ant phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Chames and field
orders.
9.3.2.8.4. Report immediately to
ENGINEER and OWNER lhe occurrence of
anv accident.
9.3.2.9. Pavment Requests. Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward wilh recommendation IO
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providing for OWNER a greater degree of confidence that
the completed Work will confonn generally to the
Contract Documents. On the basis of such visits and on-
site observations, ENGINEER will keep OWNER
infom1ed of the progress of the Work and will endeavor to
guard OWNER against defective Work. BNGINBER's
visits and on-site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on-site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, method5, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or perfonnance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
wi II furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work, The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and as.sistants will be as provided in
paragraphs9.3 and 9.13 and i11 t.l<ie Supplemer~
Geneitiens of these General Conditions. If OWNER
designates another representative or agent t.o represent
O'NNER at the site who is not ENGJNEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person wiU be as
provided in ~ Qarngi:aph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative <RPR) or other
assistants. or if the O'NNER designates a Representative
or agent. all as provided in paragraph 9.3 of the General
Conditions, these Representatives shaU have the authority
and limitations as provided in paragQ!ph 9.13 of the
General Conditions and shall be subject to the following:
9.3. 1. The Representative's dealings in matters
pertaining to the on-site work will, in general. be with
the ENGJNEER and CONTRACTOR But. the
Representative will keep the 0Wl\1ER properly
advised about such matters. The Representative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR
9.3.2. Duties and Resoonsibilities. Representative
will:
9.3. 2. 1. Schedules - Review che progres.s
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7.3. If the proper execution or results of any part of
CONI'RACfOR's Work depends upon work perfonnecl
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR'S
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fi t and
proper for integration with CONTRACTOR'S Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contract<> with others for the
perfom1ance of other work on the Project at the site. the
fo llowing will be set forth in Supplementary Conditions:
7.4. l. the person, finn or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors wi II be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8--0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, 0\.VNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer ngainsl
whem-GGN-I-AAG'l'eR--makes-ne-resseMble-ebjeet·iefl;
whose stan1s under the Contract Documents shall be that
of the fonner ENGINEER
8.3. OWNER shall furnish the data required of
O\¥NER under the Contract Documents promptly and
shall make payments t.o CONTRACTOR promptly when
they arc due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4. 1
and 4.4. Paragraph 4.2 refers to OWNER'S identifying
and making available to CONTRACTOR copies of
reports of ex'Plor.itions and tests of subsurface conditions
at rhe site and drawing.-; of physical conditions in exisring
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6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation or any progress or
fina l payment by ENGINEER~
6.30.2.3. the issuance or a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the iSSll3nce of a
notice of acceptability by ENGINEER pursuant
to paragraph 14. 1 3~
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER.
fltdemnijication:
6.31. To the fu II est extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
hanuless OWNER, ENGINEER ENGINEER's
Con.<rultants and the officers, directors, employees, agents
and other con$U(tants of each and any of them from and
against all claims, costs. losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such cJaim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or lo injury lo or destruction of tangible property
(other than the Work itselt), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardles.~ or the negligence or any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultant<>. agents,
officers, directors or employees by any employee (or the
survivor or personal repre.<;entative of such employee) of
cm...rrRACTOR any Subcontractor, any Supplier, any
person or organizac.i on direccly or indirectly employed by
17
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the Specifications.
6.25. Submittal Procedure/i:
6.25.1. Before submilling each Shop Drawing or
Sample, CONTRACTOR shall have detenuined and
verified:
6.25.1. l. all field measurements, quantities,
dimensions, specified perfonnance criteria,
instaUation requirements, materials, catalog
numbers and similar infom1ation with respect
thereto,
6.25.1 .2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
perfom1ance of the Work, and
6.25.1.3. all inforniation relative to
CONTRACTOR's sole responsibilities in respect
of mesns, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition. shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals wilL after installation or
incorporation in the Work. conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER'S review and approval will not
e>.'tend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, merhod, rec.hnique, sequence or procedure of
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the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments. Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant lo
paragraph 9.4) in good order and annotated to show all
changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
m1t1attng, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety o~ and shall provide the necessary protection lo
prevent damage, injury or loss to:
6.20 1. all person<; on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roodways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable l.awi;
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 sucli safety and protection.
CONTR.ll.CTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
em ployed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omi$.$ions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts ltny of them may be liable,
and nol attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and respon<;ibi lities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
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EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR. when necessary, in obtaining such
pennits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids. or. if there are no Bids. on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Lawi; uml Regult1tions:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furrushing and performance of the Work. Exoept
where otherwise expressly requ.i red by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
R.egu lations.
6.14.2. If CONTRACTOR pcrfonns any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shalt bear
all claims, cost'), los.~ and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under par.igraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, conswner,
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 perfonnance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials lo be
~nnanentlY. incoroorated into the project. Said taxes
shall not be included in the Contract Price.
CONTRACTOR must applv for. and receive, a
Certificate of Exemption from the Colorado
Deoartment of Revenue for construction materials lo
be phY.sicallY. incorporated into the projecL This
Certification of Exemption provides that the
CONTRACTOR shall neither paY. nor include in his
Bid Sales and Use Taxes on those building and
construction materials phvsicallv incorporated into
the project.
Address:
COiOriido Department of Revenue
Scace Capirnl Annex
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w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000)
CONTRACTOR shall perfonu not less than 20
percent of the Work with its own forces (that is.
without subcontracting), The 20 oercent requirement
shall be understood to refer lo the Work the value of
which totals not less than 20 oercenl of the Contract
Price.
6.8.2. Y--t.fi~uppleineHtefY-Gooelitiens Bidding
Documents require the identity of certain
Subcontractors. Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER in-ailvanee~Hhe-speettieEI
~prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGrNBER,---fH*H-f
cmrrRACTOR hes !j\;11'JmitteEI a list thereef iA
aecordanee wilh Lhe Supplementary Condit-ieris;"
OWNER's or ENGINEER!s acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) ef
any SHsh Subsonll"eslor, Supplier or other peFSOJ'l or
eFgBfliZ;StiE.lfl so iele.ntified may be revoked Ofl tfle
basis of reasoAable objootion alter due im•estigetion,
rn which ease CONTRACTOR sl'lall subm it aA
aeeep!Bble !lttbstitute, tfle GoAtraet Priee will be
adjusted hy the difference ifl the east oseasioAeel hy
Slich-substttutio1H H16-0n-nppmpr-iate-Gk0Age-Gr-Ger
will be iSSlieel er Written AffieREl!tiem sigRed. Ell
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organ.ization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER. No acceptance by OWNER or
ENGlNEER of any such Subcontractor, Supplier or
other person or organization shall con~t itute a waiver
of any right of OVJNER or ENG.INEER to reject
defective Work.
6.9. 1. CONTRACTOR shall be fully re~1JOnsible lo
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations perfom1 ing or fumishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor.
Supplier or other person or organization any
contractual relationship between OWNER or
ENGJNEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGJNEER to
pay or to see lo the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to anv subcontractor. supplier or other person
or organization evidence of amounts paid lo
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment".
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permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7. 1.1 . "Or-Equal": If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGT.NEER as an "or~qua l "
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~qual " item under subparagraph 6.7.1.1 , it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
infom1ation as provided below to allow
ENGINEER to detem1 ine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as BNGINBER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGlNEER from anyone other than
CONTRACTOR lf CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the function.s and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified The application will
state the extent, if any. to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Prqject) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance. repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute. including costs of
redesign and clain1s of orher conrractors affected
Service Agreement – Work Order Type with Red Flags & Confidentiality
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing eCfected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shaU consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6-COJ'"ITRACTOR'S
RESPONSIBILITIES
Supen>isio11 a.nd Superintende11ce:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and e(ficiently, devoting
such attention thereto and applying such skills and
e,xpcrtise as may be neccs-c;ary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACf OR shall not be responsible
for the negligence of others in the design or specification
of a specific mean<;. method, technique, sequence or
procedure of con~truction which is shown or indicated in
and expres.-;ly required by the Contract Documents.
CONTRACTOR shall be responsible to sec that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent. who shall not be replaced without written
notice lo OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materil1ls tmd Equipme11t:
6.3. CONTRACTOR shall provide competent.,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto. and
except as otherwise indicated in the Contract Docwnents,
all Work at the site shall be perfonned during regular
working hours and CONTRACTOR will nol permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
con5enl given after prior written notice to ENGINEER.
CONTRACTOR shaU submit requests 10 the ENGINEER
no less than 48 hours in advance of any Work to be
perfom1ed on Salurdav, Sunday, Holidays or outside the
Regular Working Hours.
11
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
OORUU6AGeRleRt-ef..the-W~FIHlt-th&-site,G-W-NER-shabkn
writiHg aclvise COJ>ffRAGTOR whe!her er nel sueh other
insuronee has eeeR proeured 0)· ()1,1/l>IER
6.U. W<1F.·er efRigh15:
.S.,.J+.+:-8W·NER--aml-GGJN=f.AAG:r~R-intend-lflat-a·ll
peJ.iGies-purcli0seEl-in-eacer4l116e--w-ith-perngfa pks~
anel 5.7 will preteet OWNJ;R, GOJ>ITRACTOR,
SubeentreeteFs-:-BNGINEER::--6N~INEBR.!s
Gonsult!lflls a!ld eY ether persons or eatities ideatified
iR the Supplementary Cenelitiens lo lo>e listed as
insureels-er-additiona-l-in.Slireels-i·n-st1eh-pe~ieies-anel
will pre~·ide primary eoverage fer all lesses 1rnel
damages caur.eel by the perils OO'lered thereby. All
sueh pelieies shell eentaill prnvisioos te the effeet that
ID the eveRl ef 139y111ent of any less er damage the
iftsurers wi II ha'o'e ne rights of reeo'iery against any ef
the insureels er additienal insureds thereuREler.
OWNER aRel COl'ffRAGTOR wei~·e all rights
against eaeh other and lheir rtl6-peetin1 offieers,
directors, employees anEI agents for all los.5es and
damages ea1:1seel by, arisiAg t)llt of or resulting from
aRy of the perils sewered by sueh pelicies end any
ether jlroperty iRsurance applieable ta the Werk; Ana,
ifl aelelitiel'l; wai'+'e ell s1:1eh right:i egaiflst
Subealltractors, BNGil'IEBR; BNGG'lBBR's
Gen%l·ltant5-a REl-a~·kllher-peFOOns-er-entcities-iElentifieel
iR the Sttpplcmentar)' Cotlditien:s te 0e listed as
irisureEls er additi91lal illsureEls UFider sueh polieies for
lesses and Elamages so caused. Wene of the above
waivers sRall e1<teREI to the rights !hat ally party
making sueh •.vaiver may have ro the preeeeels ef
iRsuFance RelEI 0y OWNBR AS trustee er otherwise
1:iayable-\ineler-any7'l0J..iey-se-isst1e4
5.11.2.1. less ellle te e1:1si:t'le5S i:t1terruptiel'l; loos
et:...use-eF-Otker-eert~uentia+-les&-ex-tenel,ing
~yeR.El-difeet-physiea·l-Jess-er-Elamege--te
OWJ>lER's preperty or the \\'erk eet1set'I ey.
0fising-€Jt1k>f.or-r-eS<11ting-tronHi·re-er-etll.er- per1-l-;
whether-eF-net-insW'eel-by-Q.WNE.R;-11nEI
¥ 1.2.2. less-ef-Elarnage-te-th~ompleteEl
Project er pert thereef ea1:1seel a;', erisiflg out of or
r-esl:llting-tfem- lire-er-elher-irourecl-peFiJ..oovere1:l
0}· eRy property imufB!lec mnintaifled OR the
eompleteel Projeet or purl thereof 9y O\l/l>n;R
EluFiflg-pariiol-1:1tiJi0.1t-ien-pursuaRt-·te
J*lFagraph-l+.l·~.fter-S1:1bsta111iat-€emplelien
puR>uaHl-t-G-J30.FOgFaph-14.8-er-o4ter-tma1-tioymenl
pllFSUEifll l9 pElRlglllpR 14.13 .
ARy insumnee paliey meiRi,aiaeEI 9y ()W}IER eoverif!g
BRY less, da1flage or conseEtuentiel loss referreel ta iR this
paregreph 5.1 1.? shell eentaill pre•t'isiells te the efteet th11t
in the evcRl of payment ef any sueh less, Ela~
consequential less the in.surers 'Nill have no rights of
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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prior written notice has been given to OWNER and
CONTRACTOR and to each olher additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragrnph 5.3.2 will so
provide);
5.4.l 2. remain in eJYect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing ~fective Work
in accordance with paragraph 1312; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims-made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been is.'!Ued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at fi nal
payment and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to in.'!Urance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER. at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against clain1s which may arise from
operations under the Contract Documents.
Properly l11Sllrance:
§.:e:--1Jnles.'H1tNeFWi~1.w·iaed-if1-tJ1e-S1:1pplemenla~
Genai~ioos;-~~R--sl~al-l-ptirehase-end-ma-intai-n
flTepert)' insUfllnee 1:1pen 1:he Vierk et !he site iR 1:he flf!le1:1nl
of-tl~e-fu-ll-Feplaeement;-.eest-tker-e0t~bjeet-t0-S1:1eh
deElu c~i1::lle-emew-nts-<1s-may--'*i-pr~v-ideG-ID-t.ll.e
S1:1pplemen~8J'y-GonElitioos-er-requi-reEl-by-bsws-tmd
R-egl+latiens·):-J:ltis-rasurone6·Sha1¥.-
~6:-I-. -inel1:11fo-~ke-iriteres~f-GWNBR;
CONTRACTOR; Subeelll'feeteFS; Bf>TGl}IEER;
BNGINBI;R's COOStiltaRts encl Ufl'f other ):)ersons er
eRL-ities-iElenH+ieEl-in-th~1Jpplement0ry-GenEli~iens;
eaeh~vhem-is-&een1e<:l-le-hll·ve-an-inst1Fable--interest
an~i.sl:ia IJ..'3;Hist.e~1-as-on-insUFecl·eH1Eieli~ieBa-knsWFe~
~be-\,,.riuen-efHl-Bui-IEieffl-R.isk.....l!tl l·l-r1sk.!!..ef
epell peril or speeiul sauses of loss peliey fefftl !hat
shall at least inelucle insuraAee fer ph;,.sieal loss or
elarnege le !Re Werk, tempernry auilaings, fa lsewerk
aREI Werle in traflSit aRcl sholl insure against at least
the following perils: fire, lighm.ing, entended
9
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Hai!llraellS 1.Veste er R:aelieltetil'e Material ltFloo~EI
or re•1ealed at the site.
EJCDC GENERAL CONDm ONS 1910-S (I 99() Editioo)
w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~)
ARTICLE 5--.BONDS AND INSURANCE
Pe1formance1 Payment am/ Other Bonds:
5.1. CONTRACTOR shall furnish Perfonnance and
Payment Bonds. each in an amount at least equal to the
Contract Price as security for the faithful perfomrnnce and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also fum.ish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the fonn prescribed by the Contract Docw.nenls
e,'{cept as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Departmenl All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is tem1inated 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. L.icensatl Sureties and lnsura~; Cartificates of
lllsura11ce:
5.3.l. 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 authoriwd 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. Co:t-rIRACTOR shall deliver to OWNER
with oopies lo 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 lo purchase and maintain
in accordance with paragraph 5.4. Q.WNE~ll
Eleliver te COl>ITRACTOR, with eepies le eaeh
addi~ienal-ins11Ie<l-iden~ttiecl-in-the-S1:1p~lementary
GOflditions, eeratieoles of ins\if8A6eflel ether
eviEleAce ef ms\ifaAee reql:lesteEI by CO}ITRAGTOR
er 8.llY ether eEIElitiertel i11StJreEI) whieh OWNER is
reEj1o1keEI le p\iFGhuse aAd maifllaifl in aocerEli1Ael! with
paragraphs 5.6 and 5.7 hereof.
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Underground Facility and detem1ine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Doctunents is required. a Work Change Directive or a
Change Order will be issued as provided in Article I 0
to reflect and docwnent such consequences. During
such time, CONTRACTOR shall be respon~ible for
the safety and protection of such Underground
Faci Lity as provided in paragraph 6.20.
CONTRACTOR sA&ll ~ be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been e,xpected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER. ENGINEER and ENGlNEER:s
Consultants shall not be liable to CONTRACI'OR for
any claims, costs, los.'>Cs or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER'S judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shaU report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbe5tos, PCBs, Petroleum, Hazardous Wa5te or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Speci.fications or identified in the Contract
Documents to be within the S(;Ope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsi b I e.
7
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Documents; then
CONTRACTOR shall, ~ immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
pem1itted by paragraph 6.23). notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGlNEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional ex1JIOration 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
ENGCNEER concludes that a change in the Contract
Document~ is required as a resultofa 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 Art.icle 10 to reflect and document the
consequences of such change.
4.2.6. Possible P1ice and Times Adjustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or lin1e required for performance of, the Work; subject,
however. to the following:
4.2.6. l . such condition must meet any one or
more of the categories described in
pmagraphs 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 rei.-pect to Work. that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject lo the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if;
4.2.6.4.1 . CONTRACTOR knew of
the existence of such conditions at the
time CONT.RACrOR made a final
commitment to OWNER in respect of
Comracr Price and Conrracc Times by the
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paragraph 10.1)
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6. 1. A Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER'S approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9.4).
Reuse of Documents:
3.7. CONTRACTOR. and any Subcontractor or
Supplier or other person or organi?.ation performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on ei-1:cnsions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4--A V AILABILITY OF LANDS;
SUBSURFACE AND 'PEIYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lam/s:
4.1. OWNER shall furnish. as indicated in the Contract
Documents, the lands upon which the Work is to be
performed. right5-of-way and easements for access
thereto, and such other land~ which are designated for the
use of CONTRACT OR ·T:::T[*)R-r-e0SE1Rabl~-inen-reE}uest;
O\VNER sheH furnish CONTRl\CTOR with a eaFreel
statement-et:-FeeerEl-h~ga·l-titl6-0nd-lega.J-EieSGFiJ31ien-ef...tfle
!an<4s-upen-wru€1:!-tl~-Wer-k-is-te-9e--pe.Hem1eEl-uncl
OWNER.!s-int-er-est- therein-as-neeessal'y-for-gtv-ing ne~iee
ef:-.er-fi.ling-e-mesaanie!s- lien-ogainst-si,1eH-JeREls-in
aeeardooe& with nppliool:Jle Laws end Regulalieas.
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
pennanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Tin1es as a result of
any delay in OWNER.'s furnishing these lands, rights-0f-
way or easements, CONTRACTOR may make a clain1
therefor as provided in Anicles 11 and 12.
5
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reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not ~pecifically called for. When
word'! 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 shat I be issued by ENGfNEER a~ provided in
paragraph 9.4.
3.3. Reference to Sta11dard~ a11d Specifications of
Teclznical Societies; Reporting and Re~·o/ving
Discrepancies: ·
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the late5t
standard, specification, manual, code or Laws or
Regulations in effoct at the time of opening of B id~ (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Docwnents.
3.3.2. If, during the perfomiance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the perfom1ance of the Work or of any
such l:tand~rd, 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) unti l an
amendment or supplement to the Contract Docwuents
has been is.'illed by one of the m ethod~ indicated in
paragraph 3.5 or 3.6; provided. however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise ~pecifically ~1ated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documenrs); or
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2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence lo run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run.
Before Sta11i11g Const1uctio11:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Document5 and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any connict, 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, CONTRAC rOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error. ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirement~). CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the limes (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminaey schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting. reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component p11rts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR eRel 0 ')/NER shall e&eft deliver to the
elMF OWNER. with copies to eaoh additional iru;11reEI
idemified in the $upplen1enmry CoRdirioRS BNGTNEER,
3
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 35 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
representative of ENGINEER who may be assigned to lhe
site or any part thereof.
1.34. Samples- Physical examples of materials,
equipment, or workmanship that are representative of
some portion of lhe Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Drawings--A ll drawings, diagrams,
illustrations, schedules and other data or infom1ation
which are specifically prepared or assembled by or for
CONTRACTOR and submilled by CONTRACTOR 10
illustrate some portion oflhe Work.
l .36. Specifications- T hose portions of the Contract
Documents consisting of written technical description~ of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Suhcontractor--An individual, finn or corporation
having a direct contract with. CONTRACTOR or with any
other Subcontractor for the perfom1ance of a part of the
Work at the site.
1.38. Substantial Completion--The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is suillcienUy complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGlNEER's written recommendation of
fina l payment in accordance with paragraph 14.13. The
tem1s "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion lhereo[
1.39. Supplementary Conditions-The part of the
Contract DocLUnents which amends or supplements these
General Conditions.
1.40. Supplier- A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor lo
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
(,,'Ontaining such facilities which have been ~tailed
underground co furnish any of che foUowing services or
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
LIL Contract Price-The moneys payable by
O\VNER lo CONTRACTOR for completion of lhe Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the prov1s1ons of
paragraph 11.9.1 in the case ofUnit Price Work).
1.12. Contract Times-The numbers of days or the
dates stated in the Agreement: (i) to achieve Subst<intial
Completion. and (ii) to complete the Work so that it is
ready for fi nal payment as evidenced by ENGJNEER's
v.Titten recommendation of final payment in accordance
with paragraph 14 13.
1.13. CONtRACTOR-The person, fim1 or corporation
with whom OWN'ER has entered into the Agreement.
1.14. defective- An adjective which when modifying
the word Work refors to Work that is unsatisfactory, faulty
or deficient. in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragi-aph 14.8 or 14.10).
1.15. Drawings-The drawings which show the scope.
extent and character of the Work to be famished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in lhe Contract Docwnents. 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 eflect.ive,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER-The person, fll111 or corporation
named as such in lhe Agreement.
1.18. ENGINEER's Consultant--A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
aswciale or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.1 9. Field Order-A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which docs not involve
a change in the Contract Price or lhe Contract Times.
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
by CONTRACTOR ....... ..... . ... J 55
by OWNER ............................. ............ 8.8, 15.1-15.4
of ENGINEER's employmenl ....... ..... .... .. .. ..... ... .. .ll.2
Suspension of Work-in genera! ................... ........ .J 5
Terms and Adjectiv~ ...... ........... ................. ............ ;3.4
Tests and Inspections--
Access to the Work, by others ......................... .. .J3.2
CONTRACTOR's responsibilities ... .................. ..13.5
cost of 13.4
covering Work prior tQ ............... ..... ..... . .. 13 6-13.7
Laws and Regulations (or).... ................... ... 13.5
Notice of Defects. .. ............... .... ......... 13. 1
OWNER May Stop Work .......... ..... .............. .... 13. l 0
OWNER's independent testing ..... .................... ..13.4
special, required by ENGfNEBR ........ ...... ..... ....... 9.6
timely notice required . ........... ...... ... .. ... ....... ..... . 13.4
Uncovering !he Work, at ENGINEER's
request,.. . ...................... ... ............. 13.8-13.9
Times--
Adjusting, .......... ..... ..... ...................................... 9.6
Change of Contract ... .. ... ................. .................... . 12
Computation of. .... .. ................. .... ................ ..... 17.2
Contract Times--definition of... ....... ..... ...... ...... .J.12
day ............... . ................. ....... ....... .1.7.2.2
Mi lestones .............. .... ................ .... .......... ...... ... .J 2
Rt:tjuir.:mcn l:>--
appeals........ ... ... ... ............. . ..... 9. 10, 16
clarifications,
claims and disputes .................. 9.11 , 11.2, 12
Commencement of Contract Times .. .......... ... 2.3
Prcconstructi on Con forencG ........ ........... ........ ~-8
schedules ........ ..... ............................ .2.6. 2.9, 6.6
Starting the Work........... ..... ..... ....... ..... . ..2.4
Title, Warranty of ...... ....... ........ ......... .. ....... .......... 14.3
Uncovering Work. ...... ..... ................................. 13.8-13.9
Underground Facilities. Physical Conditions--
definition o( ... ..... ............................................. 1.41
Not Shown er Indicated 4.3.2
protection of ... ........................................... :4.3, 6.20
Shown or Indicated .. ..................... ................. 4.3. l
Unit Price Work--
claims ................. ..... ... ......................... ... ... .J.1.9.3
definition o( .. ........................ .................... , .... . ,1 . 42
general 11.9, 14.1, 14.5
Unit Prices--
generall 1.3. I
Determination for ..... ............ ... .. ... ........... ...... 9.10
Use of Premises ............. ..... ... ....... .... 6.16, 6.18, 6.30.2.4
Utility owners ........... .......... ........ Q.13, 6.20, 7.1-7.3, 13. 2
Utilization, Partial ......... . . . J .28, 5.15, 6.30.2.4, 14.10
Value of the Work; ........ ........ ..... ............... ..... ........ J l .3
Values, Schedule oL......... . ... .... 2.6, 2.8-2.9, 14.1
EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Shown or Indicated .. ....... ........................... ............ 4.3.1
Site Aceess ...... ......................................... ....... 7.2, 13.2
Site CleanlineSi\. .. ..... .................. ................... ..6. 17
Site. Visits to--
by ENGINEER ....... .. . ......................... 9.2. 13.2
by others............ ..... . .. ..... J3.2
"special causes of loss" policy form,
insurance ............ .. ... ..... ... .. .. .. 5.6.2
definition of. . ..... .... ....... ....... ....... ..... ........... J .36
Specifications--
defination o(. ... .... ... ....... ...... ...... ............ J .36
of Technical Societies, reference 19.......... . J .3.1
preccdence ...... .. ... .... ....................................... 3.3.3
Standards and Specifications
of Technical Societieli ........... .............................. 3.3
Starting Construction, Befor« ................... ....... .... '.2.5-2.8
Starting the Work................ . . . .. . . . . . ... ... ... .. .. ? 4
Stop or Suspend Work--
by CONTRACTOR ...... ............... .... ................ .. 15.5
by OWNER . .......... .... ............. ..... 8.8, 13.1 0, 15. 1
Storage of materials and equipmenL ......... .... ... :4.1, 7.2
Structural Looding, SafelY... ......... ........... ..... ............ 6.1 8
Subcontractor-
Concerning .................. ..... ........... .... ...... ... JS.8-6. l l
<lcfinilion of ........ ...... ...... ....... ....... ...... ... ....... .. ..1 .37
delays ... ....................... ................ . ...... ..12.3
waiver of rights ............ ..... ...... ...... .. .......... .. § 11
Subcontractors--in general. ..................... ..... ..... 6.8-6. 11
Subcontracts--required provision,5 ......... 5.1 I, 6.11, l 1.4.3
Subm ittals--
Applications for Payment .... ..... ....................... 14.2
Maintenance and Operation Manuals .... ... ... .. ... 14.12
Procedures. . ........................... ............ ... .. 6.25
Progress Schedules .. ...... ...... ....... .......... ...... 2.6, 2.9
Samples . .. ...... .9.24-6.28
Schedule of Values ............. .................... .... 2.6, 14.1
Schedule of Shop Drawings and Samples
Submissions. .. .............. ... 2.6, 2.8-2.9
Shop Drawing~ ........... .... .......................... 6.24-6. 28
Substantial Completion--
certification oC ......................... .9..30.2.3, 14.8-1 4.9
definition of. ....... ........ .... .................. .. .. .......... J .38
Substitute Construction Methods or ProcedureL .... 6. 7.2
Substitutes and "Or Equal" Item ~.............. .. ....... .. 6.7
CONTRACTOR's Expenst< .... ..... ... .......... ...... 6. 7. 1.3
ENGINEER's Evaluation .... ......... . .... ... 6. 7 3
"Or-Equal"..... ....... ..... ........... ......... .......... 6.7.1.1
Substitute Construction Methods
EJCJX: GENERAL CONDITIONS 1910-S {1990 EDrllON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 30 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Preoonstruction Conferenc~ ... .................. ..... ............. 2.8
Preliminary Matters ..... .................... ................... ..... .... 2
Preliminary Schedule!i .. .... ...... ............................ ... .... 2.6
Premises, Use oC. . ................... .... . .............. .. . 6.16-6. IS
Price, Change of Contract............. ....... ..... ..... 11
Price, Contract--definition of. .... ..... .. ..................... I. I I
Progress Payment, Applications for.. ....................... .J 4.2
Progress Payment--retainag~.. .. ..... .................... 14.2
Progress schedule, CONTRACTOR:s ...... ..... ,;26, 2.8, 2.9,
..................... ........... 6.6, 6.29, 10.4, 15.2. l
Project--de[mition o( .. ...... .................................... . 1.31
Project Represenlative--
ENGINEER's Status During Constructio1~.. 9.3
Project Representative, Resident--definition of. 1 33
prompt payment by OWNER ............ ..... .................. .. . 8.3
Property l nsurance--
Additional ................... ...... .............. .... .. .......... ..5.7
general5.6-5. IO
Partial Utilization.......... . ....... 5.15, 14. 10.2
receipt and application of proceed~ ............ 5.12-5.13
Protection, Safetyand .............. .... .. ... ....... Q.20-6.21, 13.2
Punch list .......... ........... . .... ....... . ...... . ....... .J.4.11
Radioactive lvfaterial--
defintion of. ............................................... ....... 1.32
general4.5
OWNER's responsibility for .... ........... ................ S.10
R<Juommendalion of Paymen~ ............... ..14.4, 14.5, 14.13
Record Docun1ents ......... .. ..... .......... ........ . . 6.19, 14.12
Records, procedures for maintaining. .. . ... ~.8
Reference Points .. ...... ............................................ ... 4.4
Reference to Standards and Specifications
of Technical Societies ............. .............. ...... ........ 3.3
Regulations, Laws and (or).. .. .................. ..... .. ......... 6.14
Rejecting Defective Work .......................... ........ .. .. .. 9.6
Related Work--
at Site .................. ..... .. ... .......... .. ....... .. ..... .7.1-7.3
Performed prior to Shop Drawings
and Samples subm ittals revie\\'. ...... ... ............ 6.28
Remedies, cumulative ... ..... .. ... ... ........... .......... . 17.4, 17.5
Removal or Correction ofDejective Work ............... J3. l 1
rental agreements, OWNER approval required .... 11 .4.5.3
replacement of ENGINEER, by OWNER .............. .... ... 8.2
Reponing and Resolving
Discrcpancie~ .. ............ .................. 2.5, 3.3.2, 6.14.2
Reports--
and Drawings...... ......... .. .. . .. ..... 4.2.1
and Tests, OWNER's responsibility, .. .. .. .............. 8.4
Resident and Project Representative--
definition o( .. .... ............. ..... ............... ..... .. 1.33
provision for .. .................. ..... ............... ........ .. .... ..... .. 9..3
EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
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DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
written consent or approval
required ..... ..... ............................. 9 I, 6.3, 114
EJCJX: GENERAL CONDITIONS 1910-S {1990 EDl"JlON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 28 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Safety and Protection.......... . ...... .... 6.20, 13.2
Subcontractors, Suppliers and Other~ ........... 6.8-6.11
Article or Paragraph
Number
Tests and Inspections ..... ........... ... ... .... ......... 13 .5
Use of Premises................ ....... ... ........ ....... 6.16
Visits to Site................. ..... ... .. ... ............ .... .. . 9 2
Liabi li ty Insurance--
CONTRACTOR's .... ...... .. .. ..... .............. ..... .......... 5.4
OWNER's .... ........................................... ......... 5.5
Licensed Sureties and Insurer~ ............ ..... ......... ....... 5.3
Liens--
Application for Progress Payment ..... ........... .... ..14.2
CONTRACTOR's Warranty ofTitlc ...... ..... ... ...... 14.3
Fin al Application for Payment... ....... ..... ...... ... ..1.4.12
definition oL .............................. ........ ..... ...... ..1 .. 23
Waiver ofClaims .... .......... ................... .......... ..14.15
Lim itations on ENGINEER's authority and
responsibilities ....... . . ...... 9. 13
Limited Reliance by CONTRACTOR
Authorized ...... .................. .. .............. ... ....... ..... 4.2.2
Maintenance and Operating Manuals--
Final Application for Paymen!.. ...... ..... ...... ... . J4. 12
Manuals (of others)--
Precedence ...... ................ .. ....... ...... 3.3.3. l
Reference to in Contract Docum ent~ ...... .. ..... .. .. J .3.1
Mulcriub untl cquipmcnl--
furnished by CONTRACTOR ....... ..... ........... ....... 6 3
not incorporated in Work .. ........ ..... .................... 14.2
Materials or equipment--equivalenl. ..................... ..... 6.7
Mediation (Optional) ................... .............. ............ J67
Milestones--defin it ion of. .... .. ....... .................... ...... J .24
Miscellaneous--
Com putat ion ofTimes .......... ......................... .. . ..17.2
Cumulative Remedies .... . ... ...... .... ................ .. ..17.4
Giving Notice .... ... ...... ..... ................................ . .! 7. l
Notice of Claim ...... .......................... 17.3
Professional Fees and Court Costs Jnclude<;l.. ..... ..1 7.5
Multi-prime contracts....... ......... .................. . ........ .7
Not Shovm or Indicated....................... . ... ............. 4.3.2
Notice of--
Acceptabil ity of Project. ........... ........... ..... ........ .14.13
Award, definition o( .... ..................................... .1.25
Claim ....... ..... ....... ... ..... ....... .... ........ ...... ....... J.7.3
Defects, 13.1
Differing Subsurface or Physical Condition~ .. ..... 4.2.3
Giving ....... ...... ............ ... ..... ......... .......... ....... .J.7. l
Tests and Inspections . ......................... ............ .13.3
Variation, Shop Drawing and Sampl~ .............. ... 9.27
Notice to Proceed--
definition oC ........... .. ..... ............... ..... ............. ..1 .. 26
giving oL....... .... . .. ..... .... ~.3
EJCOC GENERAL CONO!T!ONS 1910 -8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 27 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Article or Parayaph
Number
Responsibilities--Limilations OIL . .. .... . , . . ~}.! 1-9. IJ
Review or Reports on Dillering Subsurface
and Physical Conditions ............... ........... .. .4.2.4
Shop Drawings and Samples, review
responsibi lity.......... ..... . . .... 6.26
Status During Cmstruction--
authorized variations in the Work..... . ... 9.5
Clarifications and Interpretations .... ............... 9.4
Decisions on Dispute:\ .. ..... ............ ..... .. ~.11-9.1 2
Determinations on Un it Price ... .... ............... 9.10
ENGINEER as Initial Interpretc~ .... .... 9.11-9.12
ENGTNEER:s Responsibilitics .............. .. .9. 1-9.12
Limitations on ENGINEER's Authority
and Responsibilitie!!._ ... ...... ................ 9.13
OWNER's Representative ........................... .. _9. 1
Project Representative..... . . . .. ... ... . . ... 9.3
Rejecting Defective Work .. .. ...................... .. .. 9..6
Shop Drawings, Change Orders
and Payments ... ..................... ............ 9. 7-9.9
Visits 10 Site ...... ..... ........ .............. ....... ......... 9.2
Unit Price determinations ........ ............ .............. 9.10
Visits to Site. . ...... .................................... 9.2
Written consent requirecJ ....... ........... .. ..... ..... ,7.2, 9. 1
Et1uipm.:111, Labor, Malcriab aml .... ..... ................ 9.3-6.5
Equipment rental, Cost of the Work ............... ..... l l .4 5.3
Equivalent Materials and EquipmenL.............. .... 6.7
error or omission:j ................ ... ..... ........ ...... ........... §33
Evidence of Financial Arrangements ................ ...... !U I
Explorations of physical conditionL ... ..... .. ... .. .. ..... ~.2 . 1
Fee, CONTRACTOR's--Costs Plus ... ...... .. ... .. ....... .... ) 1.6
Field Order--
definition o( ....... ..................... ................. ). 19
issued by ENGINEER .. .................. ..... ....... 3.6.l, 9.5
Final Application for PaymenL ... ... ............... .. 14.12
Final Jnspcctio11 .... ..... .. ..... .................................. ..14.11
Final Payment--
and Acceptance ..................................... 14.13-14.14
Prior to, for cash allowmces ........ ....... 11.8
General Provisions .... .... ...... ... .... ........ 17.3-17.4
General Requirements--
definition o( ............................................... ...... ) .20
principal references to .............. ?.6, 6.4, 6.6-6.7, 6.24
Giving Notice............ ..... ...... . ... ... .. ............ J7. 1
Guarantee of Work--by CONTRACTOR ......... 6.30, 14.12
Hazard Communication Program~ .... ....................... 6.22
Hazardous Waste--
definition ot: ..... .. .. .. .... ................... ................... ).21
general . .. . ..... ............... .. . .................. 4.5
OWNER's responsibility for ......... .. .. ... .... ..... ....... 8.10
EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDrllON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 26 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Coordination--
Article or Paragraph
Number
CONTRACTOR's responsjbility, .... .... ............... <?.9.2
Copies of Documents ........ .............. .. ............. 2. 2
Correction Period .... .............................................. 13.12
Correction, Removal or Acceptance
of Defective Work--
in gencral ....... ..... ....................... 10.4.l, 13.10-13.14
Acceptance of Defective Work......... . ... .... J3.13
Correction or Removal of
Defe,·tive Work ... ................... .... .... 6.30, 13. l l
Correction Period ....... ...................... ... .J 3.12
OWNER May Correct Defective Work .... .... .. ... J3.14
OWNER May Stop Work ..................... .... ........ 13. 10
Cost--
of Tests and Inspection$ ............... ...... ..... .......... 13.4
Records l l.7
Cost of the Work--
Bonds and insurance, additiona! ........ .. .. .. ..... J 1.4.5.9
Cash Discount~ ........... ........ ..... .. ...... .... ......... J 1.4.2
CONTRACTOR's Fee ......... ..... ...... .............. .... J l .6
Employee Expenses ................ .... ...... .......... .. 11.4.5. l
Exclusions to .. ................................................... 11.5
Generali 1.4-11.5
Home office and overhead expense!i ...... .............. 11.5
Loss~ anti tlamag<;s .. ..... .................. ............ 11.4.5.6
Materials and equipment ... ..... ......... ............. _ l 1.4.2
Minor expenses............... ..... ................ ..11.4.5.8
Payroll costs on change~ ................................. 11.4.1
performed by Subcontractors ... ...... .................. .l l.4.3
Records I 1 . 7
Rentals of construction equipment
and machinery ..... .... .... . .................. . 11.4.5.3
Royalty payments, permits and
license foes...... ...... ) 1.4.5.5
Site office and temporary facilitie$ .............. J 1.4.5.2
Special Consultants, CONTRACTOR's ........... ,.11.4.4
Supplemental ....... ................................ ......... .l 1.4.5
Taxes related to the Work ........................ .J.l.4.5.4
Tests and Inspection. ...................... .................. 13.4
Trade Discounts ...... .................................. . J 1.4.2
Utilities, fuel and sanitary facilitie~ .............. J 1.4.5.7
Work after regular hours .... ........ ..................... 11.4.1
Covering Work.............. . . . .... .... . .. . .l 3.6-13. 7
Cumulative Remedies . .. . . ...... .. .... . ... 17.4-17.5
Cutting, fitting and patching .. .... ............................ 7.2
Data, to be furnished by OWNER, ....... ....................... 8 3
Day--delinition of .. ..... ............. .. ...... .......... .. .. ..... J7.2.2
Decisions on Disputes ........ .. .... ........ ............... 9.11, 9. 12
dejective--definition oL .. ... .. . . .. . . .. . . . ............ .J . 14
defective Work--
Acceptance of... . .. .................... ...... 10.4.1, 13.13
EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 25 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Compensation........... 11.1 -11.2
Continuing Obligation ..................................... 14. 15
Defective Work ................................ 9.6, 13.10-13.14
Duty to correctdefecLive Work... . .. ............ J3.l l
Duty to Report--
Changes in the Work caused by
Emergency ..... ...................................... 6.23
Defects in Work ofOthers .... .... .................... ..7.3
DilJering condition$ .. ..... ...... .................... 4.2.3
Discrepancy in Documents . .... .. 2. S, 3.3.2, 6.14.2
Underground Facilities not indicatecl... ........ 4.3.2
Emergencies ..... ........ ........................................ 6.23
Equipment and Machinery Rental, Cost
of the Work ............ .... ................... .. ...... 11.4.5.3
F'ee--Cost Plus. ............ ..... ......... 11.4.5.6. 11.5.1, 11.6
General Warranty and Guarante<; ................ ..... (5.30
Hazard Communication Programs .... ..... ....... ... .9.22
Indemnification ..... . ........ <5.12, 6.16, 6.31 -6.33
Inspection of the Work. ... ............................ 7.3, 13.4
Labor, Materials and EquipmcnL ................. 6.3-6.5
l, aws and Regulations, Compliance bY. ... ... .... 6. 14.1
Liability Insurance .... ................... ..... ............... .... 5.4
Notice oflntent to Appeal... ...................... 9.10, 10.4
obligation to perform and complete
the Work ........ ............... .... ...... ......... ....... ... 6.30
Pc1lenl Fees cmd Royullic:>, paid for bY, .... ........... .. 6.12
Performance and Other Bonds ............................ 5.1
Perm its, obtained and paid for by ..................... . (5.13
Proi,>ress Schedule ................... ........ 2.6. 2.8, 2.9, 6.6,
. . . ... . .... ........... . ..... ...... 6.29, 10.4, 15.2.1
Request for formal decisionon disputes ............ ... 9. 11
Responsibilities--
Changes in the Work ..................... ............. 10. 1
Concerning Subcontractors, Suppliers
and Others ......... ........................ ..... 6.8-6.1 1
Continuing the Work.............. §29, 10.4
CONTRACTOR's expense ... .... ..... .............. § 7.1
CONTRACTOR's General Warranty
and Guarantee..... .... ..... ... . . . . .. ...... 6.30
CONTRACTOR'S review prior to Shop
Drawing or Sample submittal ....... ... 6.25
Coordination ofWork ......................... ....... 6.9.2
Emergencies ..... ..... ....................... ............... 6. 23
ENGINEER's evaluation, Substitutes
or "Or-Equal" Jtems........ ...... . . . . Q.7.3
For Acts and Omissions
of Others ................ ..... ...... §9.1-6.9.2, 9.13
for deductible amounts,insurance ................... 5.9
general .. .... .................. ..... ........... !5. 7.2, 7.3, 8.9
Hazardous Communication Program~ .. ...... 6.22
J ndemnification .. .......... ..... .................. 6.31-6.33
EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDl'JlON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 24 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
CONTRACTOR's liabiJitY ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work ..... ..... .................. ........... 11.4, 11.5
Decisions on Dispute& .................. ............. 9.1 l, 9.12
Di~-pule Resolution ............. . .... ............. ..... ..1 6.1
Dispute Resolution Agreement .. .................. !6.1-16.6
ENGINEER as initial interpretOL ..... ....... ...... . 9.. l l
Lump Sum Pricing.......... ...... ......... ....... ...1 l.3.2
Notice of.......... ... ... . . . .. .......... . ... . . . ... ..... .J.7.3
OWNER's ....... ..... ........ 9..4, 9.5, 9.11 , 10.2, l 1.2, 11.9
... . . . .)2.1, 13.9, 13.13, 13.14, 17.3
OWNER's liability ......... ..... .... ..... .... ........... ..... ... .5.5
OWNER may refuse to make payment ................ .J 4. 7
Professional Fees and Court Costs
Included............... . .. . ... .......... ..... . ..J7.5
request for formal decision OIJ ............ .. ............. . 9.. 11
Substitute Items .................... ................... ..... (>. 7.1.2
Time Extension.......................... ............ 12 1
Time requirements ............. ..... . ,. .. .......... .. 9.11, 12. l
Unit Price Work ..................... .............. .J l.9.3
Value of ..................................... ..... .... ..... ...... . .J.l .3
Waiver of--on Final PaymenL .............. .14.14, 14. J 5
Work Change Directive .... ................. ...... ......... ..1 0.2
written notice require4 ......... .. .... ...... 9.1 l, 11.2, 12. l
Clarifications and Interpretation:? ........... . 3.6.3, 9.4, 9.11
Clean Site ........ ..... . . ............ 9.. 17
Codes of Technical Society, Organization
or fu~ociation ................ ...... .............. ...... ....... J .3.3
Commencement of Contract Times ........................ 2.3
Communications--
general ................... ....... ......... .... ...... § 2, 6.9.2, 8. l
Hazard Communication Program& .......... ...... ...... 6.22
Completion--
Final Application for Payment.. ....... .............. J4.12
Final lnspectiOf'\............ . .... .J 4.11
Final Payment and Acceptance .............. J4. 13-l 4.14
Partial Utilization ..... ........ .................... .......... ..14.10
Substantial Completion ... ............. ... J.38, 14.8-14.9
Waiver of Claims ........ .. ... ...... ........................ ..14.15
Computation of Time~ ....... . ...... ................ 17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others . . . . . ... . ... ....... . .... ......... 6. 8-6. 11
Conferences--
initially acceptable schedule~ .. ............................. 2.9
preconstructiol\ ............ ..... ........ ............ ............ .. 2. 8
Contlict. Error, Ambiguity, Discrepancy--
CONTRACTOR to Report........ _2.5, 3.3 2
Construction, before starling by
CONTRACTOR ..... ........... ...... .. ............ _2.5-2. 7
Construction Machinery, Equipment, etc ................... 6.4
Continuing the Work ........ .. .. ....... ............... .... 6.29, 10.4
Contract Documents--
Amending,,, ........ .... ........................................... J5
Bonds .... .... ............ ...... .... ............... 5.1
EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 23 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Award, Notice of--defined .......... ................... .......... 1.25
Before Starting Construction. .............................. ~ 5-2.8
Bid--definition of.... . ... J .S (l. 1, I. I 0, 2.3, 3.3,
. .. . ............. :t.2.6.4, 6.13, 11 .4.3, 11 .9.1)
Bidding Documents--definition
of ...... ... ................. ................... ... J .6 (6.8.2)
Bidding Requirements--defmition
of ..... ..... ................................ 1.7 (I. I, 4.2.6.2)
Bonds--
acceptance of.. .... ... . ..................... . ... >. 14
additional bonds ..... ................. ..... . 10.5, 11.4.5.9
Cost of the Work. ..... .... ........... ............ 11.5.4
definition oC. ............ .. .................. .. ................. . J.8
delivery ot:. ......................... ... ................. .... . ~. I , 5. 1
final Application for Paymcnt. ........ ....... .14.1 2-14.14
general ..... ..... ........................... ..1 .10, 5.1-5.3, 5.13,
..... ................................... 9.13, 10.5, 14.7.6
Per formance, Payment :md Other.. ................. 51 -5.2
R()nds find Tnsurnnc:e--in genern!.. .................... ........... )
Builder's risk "all-risk" policy fornL ....... .... .5.6.2
Cancellation Provisions, Insurance ...... . . 5.4.11 , 5.8, 5.15
Cash Allowances ........................ ..... ...................... .J 1.8
Certificate of Substantial Completion. ....... 1.38, 6.30.2.3,
...... .... ..... .................... ........... .14.8, 14.10
Certificates of Inspection. ............... .... 9.13.4, 13.5, 14. 12
Certificates oflnsuran~ .... . .. .... 2.7, 5.3, 5.4.11, 5.4. 13,
.. . ........... 5.6.5, 5.8, 5.14, 9.13.4, 14.12
Change in Contract Price--
Cash Allowances ......... ..... ............. ...... ......... . ..! 1.8
claim for price
adjustment ............. 4. 1, 4.2.6, 4.5, 5. J 5, 6. 8.2, 9.4
.. ......... 9.5,9.11. 10.2, 10.5, 11.2, 13.9,
..... ..... ............ ..13.13, 13.14, 14.7, 15.1, 15.5
CONTRACTOR's fee .................................... ..... 11.6
Cost of the Work
general .. ..... ................. ....................... 11.4-11.7
Exclusions to .................... ..... ............... ..... .. 11.5
Cost Records ..... ........ .......................... ............. .J I. 7
in general ............ ..1 .19, l.44, 9.11 , 10.4.2, 10.4.3, 11
Lmu p Sum Pricng ..... ..................................... 11.3.2
Notification of Surety ___ ...... . .. .1 0.5
Scope of •.............. ..... .............. ................. ..10.3-10.4
Testing and Inspection,
Uncovering the Work .. ................. ..... ......... 13.9
EJCJX: GENERAL CONDITIONS 1910-S {1990 EDrnON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 22 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Independent Testing Laboratory ...... 27
CONTRACTOR's
Responsibilities ... .................. .
Covering Work Prior to Inspec-
tion, Testing or Approval ........
27
';.7
Article or 'Paragraph
Number & Title
'Page
Number
13.8-13.9
13. 10
1311
13.12
13.13
13.14
Uncovering Work at ENGI-
NEER's Request ................... 27-28
OWNER May Stop the Work ... ....... .28
Correction or Removal of
Defective Work ............ .... .. ........ .78
Correction Period ... ...... ... ... ... ..... .... 28
Acceptance of Defective Work ......... 28
OWNER May Correct Defective
Work .. ..... ......... .28-29
14. PA YlvfENTS TO CONTRACTOR AND
COMPLETION .. .. ..................... ................... ... 29
14.1 Schedule of Values.................. .29
14.2 Application for Progress
Payment.... . ...... ............... 29
14.3 CONTRACTOR's Warranty of
14.4-14.7
14.8-14.9
14.10
14.11
14.12
14. 13-14. 14
14.15
Title .............. ....... ............ ........ .. 29
Review of Applications for
Progress Payment~ .... .............. 29-30
Substantial Completion ....... ........... 30
Partial Utilization.... 30-31
Final lnspectio11 .................. .. ......... J l
Final Application for Payment.. ..... 3 1
Final Payment and Acceptance ....... 3 1
Waiver of Claims .. .......... ... 3 1-32
15. SUSPENSION OF WORK Al'ID
TE.RMlNATlON ......... .. ... ............. ..................... 32
15.1 OWNER.May S u~pcml Work .......... 32
15.2- 15.4 OWNER May Terminate ...... ... ..... ... 32
15.5 CONTRACTOR May Stop
Work or Terminate ..... ......... .. .. 32-33
16. DTSPUTERESOLUTJON .... ................... ........... 33
17. MISCELLANEOUS ............................ ........ 33
17. I Giving Notice... 33
17.2 Computation ofTimes ............. ....... . 33
17.3 Not.iceofClaim ....................... 33
17.4 Cumulative Remcdies ...................... 33
17.5 Professional Fees and Court
Costs fncluded .......................... 33
17.6 Applicable State Laws ............... . 33-34
Intentionally left blank ...... ..... ............. .. ...... 35
EXHIBIT GC-A: (Optional)
Dispute Resolution Agreement ........ 0-C-Al
16.1-16.6 Arbitration ...... ........... .. .GC-A 1
16.7 Mediation ........ ........................ GC-AI
EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 21 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Use of Premises . ..... ....... . . . . . 15
Site Cleanlines!\ .. ................... ..... .... 15
Safe Structural Looding., .................. ..15
Record Documents .................. .... ... .J 5
Safety and Protection ....... ..... ... .... ..15-1 6
Safety Representative ...................... ... .16
Hazard Communication Program!/ ..... . 16
Emergencies ...... ..... ..... ..................... 16
Shop Drawings and Sample~ .......... .... 16
7.
8
9.
Article or Paragraph
Number & Title
Page
Number
6.25
6.26
6.27
6.28
6.29
6.30
6.3 1-633
6.34
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sam pie
Submittal .... ................... .
Shop Drawing & Sample Submit-
16
tals Review by ENGINEER .... .. 16-17
Responsibility for Variations
From ContractDocuments 17
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals. ..... ..... . .. .................. 17
Cominuing the Work .............. ..... 17
CONTRACTOR's General
Warranty and Guarantee. . 17
Indemnification ....... .... 17-18
Survival of Obligations ....... ... ...... .... 18
OTHER WORK .......... ..... .................... ..... ....... ..18
7.1-7.3 Related Work at Site ..... ...... .... .. ... .)8
7.4 Coordination... . .. . .. ............. . 18
OWNER'S RESPONSIBILITIES ........................ .J 8
8.1 Communications to CON-
TRACTOR ....... .......... . . .... 18
8.2 Replacement of ENGINEER. . ......... .18
8.3 Furnish Data andPay Promptly
When Due ......................... ......... 18
8.4 Land~ anti Eu~emenl:>, Repon~
and Tests ... ...................... 18-19
8.5 Insurance ....... ...... . .... .... .......... ...... 19
8.6 Change Ord:rs .. ... ..... ................. .... .19
8.7 Inspections, Tests and
Approvals ............... .................... 19
8.8 Stop or Suspend Work;
Terminate CONTRAC f OR's
Services .... . . . . . . . . . . . . . . . . . . . . . . .. . . . . 19
8.9 Limitations on OWNER'S
8.10
8.11
Responsibilities ............ .
Asbestos, PCBs, Pctrnleum,
Hazardous Waste or
Radioactive Material
Evidence ofFinanciil
)9
19
Arrangements ... ................... ...... .19
ENGINEER'S STATUS DURING
CONSTRUCTION... . . ......................... ......... 19
9.1 OWNER's Representative ... . ......... ..1 9
9.2 Visits to Site ..... ..... ................ ....... . 19
9.3 Project Representativt< .............. ..1 9-21
9.4 Clarifications and Interpre-
tations ............... ......................... .21
9.5 Authorized Variations in W>rk ....... 21
EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDl'JlON)
w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 20 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A
Project .. ............................................ 2
Radioactive Material ............... ..... ........ 2
Regular Working Hours ............. ........... 2
Resident Project Representative ............ 2
Samples ................... .................... ..... .. 2
Shop Drawings. ...... . . .. ........... .. 2
Specifications ..... ... .. .................. .......... 2
Subcontractor ... ........................ ........... 2
Substantial Completion ......... ..... .......... ::?
Supplementary Condition~ . .. .. . .2
Supplier ................... .................... ..... .. 2
Underground Facilities .............. ... ..... 2-3
Unit Price Work. .......... ...... ................. .3
Work ..................................... ..... .... ... }
Work Change Directive ................ .. .... _3
Wrillen Amendment ...................... ..... ;?
Article or Paragraph
Number & Title
Page
Number
2. PRELilvIINARY .!vi.A TTERS ......... ....... ............... 3
2. 1 Delivery of Bonds.... .3
2.2 Copies of Documents .... .... ...... ........ 3
2.3 Com men.cement of Contract
Times; Notice to Proceed .... ........... 3
2.4 Starting the Work. ... ..................... .... 3
2.5-2.7 Before Starting Construction;
CONTRACTOR's Responsibility
to Report; Preliminary Schedtles;
Delivery of Certificates of
Insurance_......... ..... ...... . 3-4
2.8 Preconstruction Conference .......... ... 4
2.9 Initially Acceptable Schedules..... 4
3. CONTRACT DOCUMENTS: INTENT,
AMENDil\!G, REUSE.... .................. . ... .. 4
3.1-3.2 Intent ................................. .......... 4
3.3 Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies ..... ................. ..... ...... 4-5
3.4 Intent of Certain Terms or
Adjectives ............. .................... .... 5
3.5 Amending Contract Docuuents .. ....... 5
3.6 Supplementing Contract
Document~ ........ ...... .................... )
3. 7 Reuse of Documents ... ..................... 5
4. AV AIL.ABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITlONS;
REFERENCE POINTS.. . . ........ ......... .. .... ... 5
4.1 Availability of Lands .... ..... .... .. .... 5-6
4.2 Subsurface and Physical
Conditions.................. .. 6
4.2.1 Reports and Drawings ............... ....... P
4.2.2 Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data .... ..... ........ .... .... . ... .... 6
4.2.3 Notice of Differing Subsur face
or Physical Condition$. ...... ............. 6
4.2.4 ENGINEER's Rcview .... ................... P
4.2 5 Possible Contract Docwnents
Change .. ..... ................................. 6
4.2.6 Possible Price and Tin1es
Adjustments ....... ..... ... ............... 9-7
4.3 Physical Conditions--Underground
Facilities ....... ....... ...... ............... .... 7
4.3.1 Shown or Indicated. ................. }
4.3.2 Not Shown or Indicatec:I ................... 7
4.4 Reference Points ...... .... ................. .. .7
EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION)
w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m)
Service Agreement – Work Order Type with Red Flags & Confidentiality
8123 Cured-in-Place Pipe for Sanitary Sewers/Stromwater Mains Rehabilitation
Page 19 of 67
DocuSign Envelope ID: 77E29DF9-94A8-4C3D-AF38-6690F6D1887A