12-2021 Construction Contract - SUPPLEMENTARY CONDITIONS (Oct 2021 Final-reviewed Aug 2022).docx

Project: Bridge Rehabilitation 120th St Over Coal Creek Contractor:

Design Professional: RockSol Consulting Group, Inc.

Total Cost:

Term: 60 Working Days Acct. or P.O. #: 34-301-932100

CONSTRUCTION CONTRACT

Supplementary Conditions

Acknowledged by:

CONTRACTOR

[INSERT CONTRACTOR NAME]

By:

Printed Name:

Title:

Attest:

By:

Printed Name:

Title:

SUPPLEMENTARY CONDITIONS

ARTICLE 1

DEFINITIONS

SC-1.19. DESIGN PROFESSIONAL’s Consultant: The following individuals, firms or corporations, hereinafter “DESIGN PROFESSIONAL’s Consultants,” shall furnish services as DESIGN PROFESSIONAL’s independent professional associates or consultants with respect to the Project:

ARTICLE 2

PRELIMINARY MATTERS

SC-2.2. Copies of Documents:

☐ CITY shall furnish to CONTRACTOR ____ copies of the Contract Documents.

☒ CITY shall furnish to CONTRACTOR electronic copies of all Contract Documents.

SC-2.5.4 Utility Locates: It shall be the CONTRACTOR’S responsibility to determine the exact location of all utilities and utility service laterals for the Project. CITY shall not be considered the OWNER of any underground utility except for sanitary sewer, storm sewer, and water. CITY will not be held liable in any claims or delays caused by underground utility locations which it does not own; including extensions of Contract Times and damages.

ARTICLE 3

CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

ARTICLE 4

AVAILABILITY OF LANDS;

SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS

SC-4.2 Subsurface and Physical Conditions:

SC-4.2.1. Reports and Drawings: The following reports of explorations and tests of subsurface conditions at or contiguous to the site have been utilized by DESIGN PROFESSIONAL in preparing the Contract Documents:

SC-4.2.2. Technical Data: The following drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site have been utilized by DESIGN PROFESSIONAL in preparing the Contract Documents:

ARTICLE 5

BONDS AND INSURANCE

SC-5.1. Performance, Payment and Other Bonds: The following Bonds shall also be required:

SC-5.2. Licensed Sureties and Insurers; Certificates of Insurance: Each surety and insurance company shall also meet the following additional requirements and qualifications:

SC-5.3.2 Additional Insureds: All insurance policies required by paragraph GC 5.3. shall include the following as additional insureds:

ARTICLE 6

CONTRACTOR’S RESPONSIBILITIES

SC-6.5. Concerning Subcontractors, Suppliers and Others: Prior to ___________, 20__, CONTRACTOR shall identify to CITY the following Subcontractors, Suppliers, or other persons or organizations:

SC-6.7. Permits:

ARTICLE 7

OTHER WORK

[If CITY contracts with others for the performance of other work on the Project at the site, include the following information:]

SC-7.2. Coordination:

SC-7.2.1 The following person, firm or corporation will have authority and responsibility for coordination of the activities among the various prime contractors:

SC-7.2.2 The specific matters to be covered by such authority and responsibility are as follows:

SC-7.2.3 The extent of such authority and responsibility is as follows:

ARTICLE 8

CITY’S RESPONSIBILITIES

8.10. If and to the extent CITY has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy CITY’s obligations under the Contract Documents, CITY’s responsibility with respect thereto will be as follows:

ARTICLE 9

DESIGN PROFESSIONAL’S STATUS DURING CONSTRUCTION

SC-9.3. Project Representative: The Resident Project Representative shall have the following responsibilities, authority and limitations:

ARTICLE 10

CHANGES IN THE WORK

ARTICLE 11

CHANGE OF CONTRACT PRICE

ARTICLE 12

CHANGE OF CONTRACT TIMES

ARTICLE 13

TESTS AND INSPECTIONS;

CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

SC-13.7. Correction Period: The correction period(s) specified in Paragraphs 13.7. of the General Conditions are amended as follows:

SC-13.7.1. The period for correction or removal and replacement of Defective Work set forth in Paragraph 13.7.1 of the General Conditions shall be __________ years after the date of Substantial Completion. All other provisions of Paragraph 13.7.1 of the General Conditions shall otherwise remain in full force in effect.

SC-13.7.3. The period for correction or removal and replacement of Defective Work that has been corrected, removed or replaced under Paragraph 13.7 of the General Conditions shall be extended for an additional period of _____________ years after such correction or removal and replacement has been satisfactorily completed. All other provisions of Paragraph 13.7.3 of the General Conditions shall otherwise remain in full force in effect.

ARTICLE 14

PAYMENTS TO CONTRACTOR AND COMPLETION

SC-14.2 Application for Progress Payment: If the Contract Price is more than $150,000, CONTRACTOR may withdraw the whole or any portion of the retainage provided for in the Contract Documents if CONTRACTOR deposits acceptable securities, as that term is defined by C.R.S. § 24-91-102(1), with CITY. The deposit of such acceptable securities, including any escrow agreement or custodian therefor and the earning of any interest thereon, shall be governed by C.R.S. §§ 24-91-105 through 108 inclusive. This provision shall not apply if a portion of the Contract Price is to be paid with federal funds.

ARTICLE 15

SUSPENSION OF WORK AND TERMINATION

ARTICLE 16

MISCELLANEOUS

CONSTRUCTION CONTRACT – SUPPLEMENTARY CONDITIONS

City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588 Form Approved by City Attorney October 2021 (reviewed Aug. 2022)

SC - 2

CONSTRUCTION CONTRACT – SUPPLEMENTARY CONDITIONS

City of Lafayette, 1290 South Public Road, Lafayette, CO 80026; Phone: 303-665-5588 Form Approved by City Attorney October 2021 (reviewed Aug. 2022) image1.emf