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HomeMy WebLinkAboutBID - 7004 WEST HARMONY ROAD IMPROVEMENTS (5)City of
Fort Collins
�'�-PUrcM1asing
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
SPECIFICATIONS
_► 1
CONTRACT DOCUMENTS
FOR
West Harmony Road Improvements
BID NO. 7004
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
January 30, 2009 - 3:00 P.M. (OUR CLOCK)
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished
or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in
the General Conditions which may be supplemented in the General
Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to
Section 00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest. responsive and responsible Bidder that
proposes to use acceptable subcontractors. Subcontractors, suppliers,
other persons or organization listed and to whom OWNER or Engineer does
not make written objection prior to the giving .of the Notice of Award
will be deemed acceptable to OWNER and ENGINEER subject to revocation of
such acceptance after the effective date of the Agreement as provided in
the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted
by OWNER prior to the Notice of Award will be required in the performance
of the Work.
11.O BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which
may be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
Rev10/20/07 Section 00100 Page 4
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cost of the
Work' for the purpose of determining
CONTRACTOR's fee. Ify however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants; purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11,4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTORS 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. Cast of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item riot specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for ' costs incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee of five percentof the amount paid to
the ..,, a lower tief -Stib of t_.:etof, to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs l l.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances.
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead;
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work.
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids -and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
26 EJCDC GENERAL CONDITIONS 1910-8 (1990 Editica)
w/ CITY -OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
the Bid or change uuantities at OWNER'S sole
discretion without affecting the Contract Price of
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
Paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods,, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fixes, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7. '
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable able time for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections.
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except.
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or . approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require,. that portion of the Work in
question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction;, and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles I I and 12.
OWNER btay Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal ofDefeetive Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims; costs, losses and
damages caused by or resulting ,from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others).
13.12. Correction Period:
13.12.1. If within ene dear two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OIVNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
28 EJCDC GENERAL CONDITIONS 1910-3 (1990 Editicn)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of one year
two years after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER'S evaluation of and
determination to accept such defective Work (such costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior .to ENGINEER'S
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claum therefor
as provided in Article I I- If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR'S services related thereto, take
possession of CONTRACTOR'S tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER'S
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER'S
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph: Alt
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14--PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment.•
14.2. At least twenty days before the daie established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. AW funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes, Section 24-91-101,
et seq.
CONTR4CTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment Gee and clear of all Liens.
Review ofApplieations for Progress Payment.
14.4. ENGINEER will, within ten clays after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS I910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENG iNEER'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 (it) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
14,6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the fumjshing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
29
OWNER referred.to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or famishing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action, and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
30 EJCDC GENERAL CONDITIONS 19103 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to. OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respeu to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial Utilisation:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i),has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.1.OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format ofthe OWNER'S standard
forms bound in the Project manual.
Final Payment andAeeeptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to paragraph 17.6.2 of these
General Conditions.
14.14. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retamage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
I«
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWiVER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period.of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to ' any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
OWNER May Terminate:
15'2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph 2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent thev could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EJCDC GENERAL CONDITIONS 19105 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
rase CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop Work or Terminate.
15.5if, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER. and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice. _
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.22. 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
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumulative Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and'ENGINEER thereunder, are in.addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Professional Fees and Court Costs Included•
17.5. Whenever reference. is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two pertinent Colorado statutes
are as follows,
17.6.1. Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less than 80 percent
(80%) of each tyke or class of labor in the several
classifications of skilled and common labor employed
on the project Colorado labor means any Mrson who
is a bona fide resident of the State of Colorado at the
time of employment, without discrimination as to race,
color, creed, age, religion or sex
17.6.2. If a claim is filed. OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
enforce such unpaid claim and a notice of Its pendens is
filed with the OWNER. At the expiration of such
ninetv (90) day period, OWNER shall pav to
'CONTRACTOR such monevs and funds as are not the
subject of suit and lis pendens notices, and shall retain
only sufficient funds to insure the payment of
judgements which may result from the suit.
34 EJCDC GENERAL CONDITIONS 19105 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
11.2. Bid Forms must be complete in ink or typed. All lump sum prices
on the form must be stated in words and numerals; in case of conflict,
words will take precedence. Unit prices shall govern over extensions of
SUMS.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied
by evidence of authority to sign) and the corporate seal shall be affixed
and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the corporate
name.
11.4. Bids by partnerships must be executed,in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full
name of each person or company interested in the Bid shall be listed on
the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each
such alteration is signed or initialed by the Bidder; if initialed, OWNER
may require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope
marked with the Project title, Bid No., and name and address of the
Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement
of Bidders Qualifications, and Schedule of Subcontractors as required in
Section 00430. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with
the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the
time and date for receipt of Bids indicated in the Invitation to Bid, or
any extension thereof made by addendum. Bids received after the time and
Revco/20/07 Section 00100 Page 5
(This page left blank intentionally.)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim.) 35
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
36 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14.15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction
16.2. No demand for arbitration of any claim, dispute
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the patty making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EJCDC GENERAL CONDITIONS 1910.5 (1990 E(fition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER'S Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any parry not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, .ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -Al
EJCDC GENERAL CONDITIONS 1910.8 (1990 Ed tion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
SECTION 00800
GC -Al
SE
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
f
These Supplementary Conditions amend or supplement the General Conditions of
the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with
City of Fort Collins modifications) and other provisions of the Contract
Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the paragraph
numbers of the General Conditions listed below are as follows:
Rev10/20/07 Section 00800 Page 1
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have limits of
$1,000,000 combined single limits (CSL). This policy will include
coverage for Explosion, Collapse, and Underground coverage unless waived
by the Owner.
5.4.6The Comprehensive Automobile Liability Insurance policy will have
limits of $1,000,000 combined single limits (CSL).
5.4.9This policy will include completed operations coverage/product
liability coverage with limits of $1,000,000 combined single limits
(CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule 20 days lost due to
abnormal weather conditions.
Rev10/20/07 Section 00800 Page 2
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
Rev 10/20/07
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL o OF THIS CHANGE ORDER
TOTAL C.O.o OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
DATE:
Rev 10/20/07 Section 00950 Page 1
NUMBER
1
2
3
OWNER: City of Fort Collins
ENGINEER:
CHANGE ORDERS
DATE
Net Change by Change Order
Section 00960
APPLICATION FOR PAYMENT PAGE 1 OF 4
PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
AMOUNT follows:
Original Contract Amount:
Net Change by Change Order:
Current contract Amount: $0.00
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage: $0.00
Less Retainage:
$0.00 AMOUNT DUE THIS APPLICATION: $0.00
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the
CONTRACTOR.
Date: By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date: By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date: By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date: By:
Rev.10/20/07 Section 00960 Page 1
date for receipt of Bids will be returned unopened. Bidder shall assume
full responsibility for timely delivery at the location designated for
receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not.receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or
an authorized representative provided he can prove his identity and
authority at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for
the receipt of Bids provided that they are then fully in conformance with
these Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the
amounts of the Base Bids and major alternates (if any) will be made
available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work,
to negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional
Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if
OWNER believes that it would not be in the best interest of the Project
to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability
or fails to meet any other pertinent. standard or criteria established by
OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
Rev10/20/07 Section 00100 Page 6
APPLICATION FOR
CONTRACT AMOUNTS PAYMENT
Work Work
Completed Completed
This Previous
Bid Month Periods
Item
Unit
Number Description Quantity Units Price Amount Qty
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
PAGE 2OF4
Work
Completed Stored
To
Date Materials Total
This Earned Percent
Amount Qty.
Amount Qty:
Amount Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 -
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0:00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Section 00960 Page 2
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
To
Number Description Quantity Units
Price Amount
Qty. Amount
Qty. Amount
Qty.
Amount Period
Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00.
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
Section 00960 Page 3
STORED MATERIALS
SUMMARY
On Hand Received Installed
Item Invoice Previous This This
Number Number Description Application Period Period
PAGE 4 OF 4
On Hand
This
Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00
$0.00 $0.00
Section 00960 Page 4
PROJECT AND
STANDARD SPECIAL
PROVISIONS
WEST HARMONY ROAD
IMPROVEMENTS
Bid No. 7004
W. Harmony Road Improvement Project
Project Special Provisions
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLINS, COLORADO
W. HARMONY ROAD IMPROVEMENT PROJECT
PROJECT SPECIAL PROVISIONS
The General Conditions of the Construction Contract and the Colorado Department of
Transportation's (CDOT) 2005 Standard Specifications for Road and Bridge Construction control
construction of this project. Where there are conflicts between the two, the General Conditions shall
control.
The following Special Provisions supplement or modify the CDOT Standard Specifications and take
precedence over the Standard Specifications and plans. When specifications or special provisions
contain both English and metric (SI) units, the English units apply and are the specification
requirement.
Item
Page
Index Pages
ii
Notice to Bidders
5
Commencement and Completion of Work
6
Revision of Section 100 - General Provisions
8
Revision of Section 101 - Definitions of Terms
9
Revision of Section 102 - Project Plans and Other Data
10
Revision of Section 104 - Scope of Work
11
Revision of Section 105 - Control of Work
15
Revision of Section 106 - Control of Material
21
Revision of Section 107 - Environmental Controls
25
Revision of Section 108 - Prosecution and Progress
27
Revision of Section 201 — Clearing and Grubbing
31
Revision of Section 202 - Removal and Trimming of Tree
32
Revision of Section 202 — Removal of Tree Stump
34
Revision of Section 202 — Removal of Inlet
35
Revision of Section 202 - Removal of Concrete Pipe
36
Revision of Section 202- Removal of Sidewalk
37
Revision of Section 202 - Removal of Curb
38
Revision of Section 202 - Removal of Concrete Pavement
39
Revision of Section 202'- Removal of Asphalt Mat
40
Revision of Section 203 - Proof Rolling
41
Revision of Section 207 — Topsoil
42
Revision of Section 207 — Topsoil (Special) — Amended
Onsite for Medians and Parkway Area
43
Revision of Section 208 — Erosion Control
46
Revision of Section 209 — Watering
47
Revision of Section 210— Reset Structure — Relocate Gate
Gate and Control Box
48
Revision of Section 210 — Reset Irrigation Flume
49
Revision of Section 210— Reset Water Service
50
Revision of Section 210— Reset Fire Hydrant
51
W. Harmony Road Improvement Project
Project Special Provisions
COLORADO DEPARTMENT OF TRANSPORTATION
CITY OF FORT COLINS, COLORADO
W. HARMONY ROAD IMPROVEMENT PROJECT
PROJECT SPECIAL PROVISIONS
Item
Page
Revision of Section 210— Relay Riprap
52
Revision of Section'304 - Aggregate Base Course
53
Revision of Section 403 - Hot Mix Asphalt
54
Revision of Section 412 - Fast Track :Portland Cement
Concrete Pavement
57
Revision of Section 605 — Median Underdrain
59
Revision of Section 608 — Sidewalks and Bikeways
60
Revision of Section 608 - Concrete Curb Ramp
62
Revision of Section 609 — Curb and Gutter
65
Revision of Section 610— Median Cover
66
Revision of Section 614— Traffic Control Devices
67
Revision of Section 619 — Waterlines — Direction Drilling
10" C-900 Certalock Pace Bells)
68
Revision of Section 619 — Waterline — 1" Irrigation Service
70.
Revision of Section 619 — Waterline — Connect to Existing
16" City of Fort Collins Waterline
71
Revision of Section 620 — Field Facilities
72
Revision of Section 625 - Construction Surveying
73
Revision of Section 627 - Pavement Marking
76
Revision of Section 630 — Construction Zone Traffic Control
77
Traffic Control Plan -General
78
Utilities
80
IN
W. Harmony Road Improvement Project
Project Special Provisions
PROJECT SPECIAL PROVISIONS
NOTICE TO. BIDDERS
This project is planned to be constructed in conjunction with the Harmony and Shields Intersection
Improvements Project that is shown on the phasing plan included with these construction documents.
It is imperative that both projects meet all milestones indicated in the Contract Documents and that
coordination between both projects throughout the duration of construction takes place daily.
Contractors are invited to submit proposals for both projects. If Contractor is low bid on both the
Harmony Road Improvement Project and the Harmony and Shields Intersection Project, then the
Contractor will be required to submit to the City, prior to award, documentation of at least 2
completed projects in the last 5 years of project equal to or larger than the combined bid amount for
the Harmony Improvement Project and Harmony and Shields Improvement Project. The City will
also require a manpower plan and commitment showing how the Contractor plans to complete both
projects on schedule.
The City of Fort Collins will be providing the Construction Surveying, Construction Zone Traffic
Control, and Construction Testing for both the Harmony Improvement Project and the Harmony and
Shields Intersection Project to assist in the overall coordination.
It is recommended that bidders on this project review the work site and plan details with an
authorized City representative during the pre -bid. Prospective bidders shall contact the following listed
authorized City representative at least 24 hours in advance of the time they wish to go over the project.
Design Project Manager:
Purchasing Contact:
Dean Klingner, P.E.
Engineering Department
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
Phone: (970) 221-6605
Fax: (970) 221-6378
John Stephen, CPPO, CPPB Senior Buyer 970-221-6777 or
jstephen@fcgov.com
The above referenced individuals are the only representative of the City with authority to provide any
information, clarification, or interpretation regarding the plans, specifications, and any other contract
documents or requirements.
W. Harmony Road Improvement Project
Proiect Special Provisions
COMMENCEMENT AND COMPLETION OF WORK — SPECIFIED COMPLETION DATE
The Contractor shall commence work under the Contract on or before the 141h day following the date
of award unless such time for beginning the work is changed by the City in the "Notice to Proceed".
The Contractor shall complete all work by August 14, 2009 in accordance with the "Notice to
Proceed."
Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such
approval is given, stockpiled material will be paid for in accordance with Sections 109 and 626.
Salient features to be shown on the Contractor's progress schedule are:
• Mobilization
• Construction Surveying (By City Forces)
• Construction Traffic Control (By City Forces)
• Removals and Adjustments
• Roadway Earthwork
• Erosion Control
• Drainage System
• Curb, Gutter and Sidewalk
• Asphalt Pavement
• Concrete Pavement
• Seeding
• Landscaping Restoration (By Other Forces)
• Signing and Striping (By City Forces)
• Traffic Signals Box Reset (By City Forces)
• Utility Coordination and Relocations
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the
Microsoft Project software and submitted in hard and electronic formats.
The contractor shall be responsible for planning, scheduling, coordinating, and reporting the progress
of the work to be completed by City of Fort Collins Forces. The City of Fort Collins Forces shall be
considered as subcontractor for the purposes of scheduling the work. The City will comment on the
contractors initial schedule submittal for coordination of the completion of their work items.
The Contractor shall complete the following discrete portions of the work (milestones) by the dates
specified. A disincentive will be assessed for failure to complete the work for each milestone by the
specified completion date.
W. Harmony Road Improvement Project
Project Special Provisions
COMMENCEMENT AND COMPLETION OF WORK — SPECIFIED COMPLETION DATE
Substantial Completion is defined by:
• All Work requiring lane or shoulder closures or other traffic obstructions is complete
• Traffic is following the lane arrangements shown on the plans for finished roadway
• All pavement, construction, joint sealing and shoulder construction is complete
• Traffic control devices and pavement markings are within their final positions.
Final Completion is defined by:
• All sidewalks, final grading, seeding, clean up, project record documents shall be turned
over to the owner, all punch list items completed, and all processing of change orders.
• The work must be ready for final payment and acceptance.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in
the Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed
for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations is
submitted as requested by OWNER. OWNER also may consider the operating
costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is
Bidder a Notice of Award
the Bid opening.
18.0 CONTRACT SECURITY.
to be awarded, OWNER will give the Successful
within forty-five (45) days after the date of
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful
Bidder delivers the executed Agreement to the OWNER, it shall be
accompanied by the required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents
to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart. to CONTRACTOR. Each
Rev10/20/07 Section 00100 Page 7
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 100
GENERAL PROVISIONS
Section 100 of the Standard Specifications is hereby revised for this project as follows:
Subsections 102 and 103 of the Standard Specifications are hereby deleted. See Contract Documents
for additional information.
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 101
DEFINITIONS OF TERMS
Technical Specifications related to construction materials and methods for the work embraced under
this Contract shall consist of the "Colorado Department of Transportation, State of Colorado,
Standard Specifications for Road and Bridge Construction" dated 2005.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to
have different meanings within the scope of this Contract. A summary of redefinitions follows:
Where reference is made in the plans and specifications to Owner, Department, Chief Engineer,
Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to
mean the City of Fort Collins, Colorado or the City's representative.
Where reference is made in the plans and specifications to Surveyor and Traffic Control Supervisor it
is understood to mean provided by the City of Fort Collins with City of Fort Collins crews, but
acting as a subcontractor to the project.
The sections shown on the following pages are revisions to the Technical Specifications for this
project.
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Copies of the Contract Documents complete with Construction Specifications and Drawing may be
viewed at the following locations until the date set for opening of bids:
1. Online at the City of Fort Collins BuySpeed Webpage, www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2"`' floor, Fort Collins, and request a copy of
the Bid.
After the proposals have been opened, the low responsive, responsible bidder may obtain from the
City of Fort Collins at no cost:
10 sets of plans and special provisions.
10
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.02 shall include:
Site Conditions
A. General:
The Contractor acknowledges that he has satisfied himself as to the nature and location of the
work, the general and local conditions, particularly those bearing upon access to the site;
handling, storage, and disposal of materials; availability of water, electricity and roads;
uncertainties of weather, river stages, or similar physical conditions at the site; the conformation
and conditions of the ground; the equipment and facilities needed preliminary to and
during the execution of the work; and all other matters which can in any way affect the work
or the cost thereof under this Contract.
2. The Contractor further acknowledges that he has satisfied himself as to the character,
quality and quantity of surface and subsurface materials to be encountered from his
inspection of the site and from reviewing any available records of exploratory work
furnished by the Owner or included in these Documents. Failure by the Contractor to
acquaint himself with the physical conditions of the site and all the available information
will not relieve him from responsibility for properly estimating the difficulty or cost of
successfully performing the work.
The Contractor warrants that as a result of his examination and investigation of all the aforesaid
data that he can perform the work in a good and workmanlike manner and to the
satisfaction of the Owner. The Owner assumes no responsibility for any representations
made by any of its officers or agents during or prior to the execution of this Contract, unless
(1) such representations are expressly stated in the Contract, and (2) the Contract expressly
provides that the responsibility therefore is assumed'by the Owner.
B. Information on Site Conditions:
Any information obtained by the Engineer regarding site conditions, subsurface information,
groundwater elevations, existing construction of site facilities, and similar data will be available for
inspection, as applicable, at the office of the Engineer upon request. Such information is offered as
supplementary information only. Neither the Engineer nor the Owner assumes any responsibility for
the completeness or interpretation of such supplementary information.
1. Differing Subsurface Conditions:
a. In the event that the subsurface or latent physical conditions are found materially different
from those indicated in these Documents, and differing materially from those ordinarily
encountered and generally recognized as inherent in the character of work covered in
these Contract Documents, the Contractor shall promptly, and before such conditions
are disturbed, notify the Engineer in writing of such changed conditions.
Ulu
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 104
SCOPE OF WORK
b. The Engineer will investigate such conditions promptly and following this investigation,
the Contractor shall proceed with the work, unless otherwise instructed by the
Engineer. If the Engineer finds that such conditions do so materially differ and cause
an increase or decrease in the cost of or in the time required for performing the work, the
Engineer will recommend to the Owner the amount of adjustment in cost and time he
considers reasonable. The Owner will make the final decision on all Change Orders to
the Contract regarding any adjustment in cost or time for completion.
Underground Utilities: Known utilities and structures adjacent to or encountered in the work
are shown on the Drawings. The locations shown are taken from existing records and the
best information available from existing utility plans and potholing. However, it is
expected that there may be some discrepancies and omissions in the locations and
quantities of utilities and structures shown. Those shown are for the convenience of the
Contractor only, and no responsibility is assumed by either the Owner or the Engineer for
their accuracy or completeness.
C. Execution:
1. Where the Contractor's operations could cause damage or inconvenience to railway, telegraph,
telephone, television, oil, gas, electricity, water, sewer, or irrigation systems, and the
operations shall be suspended until all arrangements necessary for the protection of these
utilities and services have been made by the Contractor.
2. Notify all utility offices which are affected by the construction operation at least 48 hours in
advance. Under no circumstances expose any utility without first obtaining permission from
the appropriate agency. Once permission has. been granted, locate, expose, and provide
temporary support for all existing underground utilities.
3. The Contractor shall protect all utility poles from damage. If interfering power poles,
telephone poles, guy wires, or anchors are encountered, notify the Engineer and the
appropriate utility company at least 48 hours in advance of construction operations to
permit the necessary arrangements for protection or relocation of the interfering structure.
4. The Contractor shall be solely and directly responsible to the owner and operators of such
properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or
claims of any character brought because of any injuries or damage which may result from the
construction operations under this Contract.
5. Neither the Owner nor its officers or agents shall be responsible to the Contractor for
damages as a result of the Contractor's failure to protect utilities encountered in the work.
6. If the Contractor, while performing the Contract, discovers utility facilities not identified in the
Drawings or Specifications, he shall immediately notify the Owner, utility, and the Engineer in
writing.
7. In the event of interruption to domestic water, sewer, storm drain, or other utility services as a
result of accidental breakage due to construction operations, promptly notify the
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REVISION OF SECTION 104
SCOPE OF WORK
proper authority. Cooperate with said authority in the restoration of service as promptly as
possible and bear all costs of repair.
8.The Contractor shall replace, at his own expense, any and all other existing utilities or
structures removed or damaged during construction, unless otherwise provided for in these
Contract Documents or ordered by the Engineer.
9.Interfering Structures - The Contractor shall take necessary precautions to prevent damage
to existing structures whether on the surface, aboveground, or underground. An attempt has
been made to show major structures on the Drawings. The completeness and accuracy cannot be
guaranteed, and it is presented simply as a guide to avoid known possible difficulties.
10. Field Relocation - During the progress of construction, it is expected that minor relocations
of the work will be necessary. Such relocations shall be made only by direction of the
Engineer. If existing structures are encountered that prevent the construction, and that are
not properly shown on the Drawings, notify the Engineer before continuing with the
construction in order that the Engineer may make such field revision as necessary to avoid
conflict with the existing structures. If the Contractor shall fail to so notify the Engineer
when an existing structure is encountered, and shall proceed with the construction despite the
interference, he shall do so at his own risk.
D. Easements: Where portions of the work are located on public or private property, easements and
permits will be obtained by the Owner. Easements will provide for the use of the property for
construction purposes to the extent indicated on the easements. Copies of these easements and
permits are available upon request to the Owner. It shall be the Contractor's responsibility to
determine the adequacy of the easement obtained in every case and to abide by all requirements
and provisions of the easement. The Contractor shall confine his construction operations to
within the easement limits or make special arrangements with the property owners or appropriate
public agency for the additional area required. Any damage to property, either inside or outside
the limits of the easements provided by the Owner, shall be the responsibility of the Contractor
as specified' herein. The Contractor shall remove, protect, and replace all fences or other items
encountered on public or private property. Before final payment will be authorized by the
Engineer, the Contractor will be required to furnish the Owner with written releases from
property owners or public agencies where side agreements or special easements have been made
by the Contractor or where the Contractor's operations, for any reason, have not been kept within
the construction right-of-way obtained by the Owner.
E. Land Monuments: The Contractor shall notify the Engineer of any existing Federal, State,
Town, County, and private land monuments encountered. Private monuments shall be
preserved, or replaced by a licensed surveyor at the Contractors expense. When Government
monuments are encountered, the Contractor shall notify the Engineer at least two (2) weeks in
advance of the proposed construction in order that the Engineer will have ample opportunity to
notify the proper authority and reference these monuments for later replacement.
Subsection 104.05 shall include:
Contractors Use of Premises
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SCOPE OF WORK
The Contractor may use the Owner's property designated within the construction limits shown on the
Plans for equipment and materials as long as he confines his operations to those permitted by local
laws, ordinance and permits and meet the following requirements:
1. Do not unreasonably encumber site with materials or equipment.
2. Assume full responsibility for protection and safekeeping of products stored on premise.
3. Move any stored products which interfere with operations of the Owner.
4. Obtain and pay for use of additional storage or work areas needed for operations.
Limits of Construction
The Contractor must maintain all of his construction activities within the Owner's property and/or
construction easements and limits of the project, or other stated areas, unless permits and/or written
permission are obtained by the Contractor, from appropriate authorities or private property owners,
outside of these areas. Contractor to fence all easements and work areas. The temporary permits
must be secured and paid for by the Contractor at no extra cost to the Owner. Any -temporary permits
secured must be in writing and a copy of same provided to the Engineer.
Security
The Contractor shall at all times be responsible for the security of his facilities and equipment. The
Owner will not take responsibility for missing or damaged equipment, tools, or personal belongings
of the Contractor.
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REVISION OF SECTION 105
CONTROL OF WORK
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.02 shall be replaced with:
Submittals
A. Requirements:
Where required by the Specifications, the Contractor shall submit descriptive information that
will enable the Engineer to determine whether the Contractor's proposed materials,
equipment, methods of work are in general conformance to the design concept and in
accordance with the Drawings and Specifications. The information submitted may consist of
drawings, specifications, descriptive data, certificates, samples, test results, product data, and
such other information, all as specifically required in the Specifications. In some instances,
specified submittal information describes some, but not all features of the material,
equipment, or method of work.
The Contractor shall be responsible for the accuracy and completeness of the information
contained in each submittal and shall assure that the material, equipment, or method of work
shall be as described in the submittal. The Contractor shall verify that all features of all
products conform to the requirements of the Drawings and Specifications. The Contractor
shall ensure that there is no conflict with other submittals and notify the Engineer in each
case where its submittal may affect the work of another Contractor or the Owner. The
Contractor shall ensure coordination of submittals among the related crafts and
subcontractors.
3. Submittals will be reviewed for overall design intent and returned to Contractor with action to
be indicated by the Engineer. It shall be the Contractor's responsibility to assure that
previously accepted documents are destroyed when they are superseded by a resubmittal as
such.
4. It shall be the Contractor's responsibility to ensure that required items are corrected and
resubmitted. Any work done before approval shall be at the Contractor's own risk.
B. Submittal Procedure:
Unless a different number is called for in the individual sections, four (4) copies of each
submittal and sample are required, two (2) of which will be retained by the Engineer. The
Contractor shall receive two (2) copies in return. Faxed submittals will not be accepted.
2. Submittals that are related to or affect each other shall be forwarded simultaneously as a
package to facilitate coordinated review. Uncoordinated submittals will be rejected.
3. If the items or system proposed are acceptable but the major part of the individual
drawings or documents are incomplete or require revision, the submittal will be returned with
requirements for completion.
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REVISION OF SECTION 105
CONTROL OF WORK
4. The right is reserved for the Engineer to require submittals in addition to those called for in
individual sections.
Submittals regarding material and equipment shall be submitted directly to the Engineer and
will be accompanied by a transmittal form. A separate form shall be used for each specific
item, class of material, equipment, and items specified in separate discrete sections for which
the submittal is required. Submittals for various items shall be made with a single form when
the items taken together constitute a manufacturer's package or are so functionally related
that expediency indicates checking or review of the group or package as a whole.
6. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying
each item submitted. Original submittal numbers shall have the following format: "XXXY;"
where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned
for resubmittals (i.e., A, B, or C being the first, second and third resubmittals, respectively).
Submittal 25B, for example, is the second resubmittal of Submittal 25.
7. If the Contractor proposes to provide material, equipment, or method of work that deviates
from the Contract Documents, it shall indicate so under "deviations" on the transmittal form
accompanying the submittal copies.
8. Submittals that do not have all the information required to be submitted, including deviations,
are not acceptable and will be returned without review.
C. Review Procedure:
Submittals are specified for those features and characteristics of materials, equipment, and
methods of operation that can be selected based on the Contractor's judgment of their
conformance to the requirements of the Drawing and Specifications. Other features and
characteristics are specified in a manner that enables the Contractor to determine acceptable
options without submittals. The review procedure is based on the Contractor's guarantee that
all features and characteristics not requiring submittals conform to the Drawings and
Specifications. Review shall not extend to means, methods, techniques, sequences, or
procedures of construction or to verifying quantities, dimensions, weights or gages, or
fabrication processes (except where specifically indicated or required by the Specifications)
of separate items, and as such, will not indicate approval of the assembly in which the item
functions.
2. Unless otherwise specified, within twenty-one (21) calendar days after receipt of the
submittal, the Engineer will review the submittal and return copies. The returned submittal
will indicate one of the following actions:
a. If the review indicates that the material, equipment, or work method complies with the
Specifications, submittal copies will be marked "NO EXCEPTIONS TAKEN". In this
event; the Contractor may begin to implement the work method or incorporate the
material or equipment covered by the submittal.
b. If the review indicates limited corrections are required, copies will be marked
"REVIEWED, COMMENTS AS NOTED". The Contractor may begin implementing the
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 105
CONTROL OF WORK
work method or incorporating the material and equipment covered by the submittal in
accordance with the noted corrections.
Where submittal information will be incorporated in Operation and Maintenance data, a
corrected copy shall be provided.
c. If the review indicates that the submittal is insufficient or contains incorrect data, copies
will be marked "REVISE AND RESUBMIT". Except at its own risk, the Contractor
shall not undertake work covered by this submittal until it has been revised, resubmitted
and returned marked either "NO EXCEPTIONS TAKEN" or "REVIEWED,
COMMENTS AS NOTED".
d. If the review indicates that the material, equipment, or work method do not comply with
the Specifications, copies of the submittal will be marked "REJECTED". Submittals
with deviations that have not been identified clearly may be rejected. Except at its own
risk, the Contractor shall not undertake the work covered by such submittals until a new
submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or
"REVIEWED, COMMENTS AS NOTED".
D. Drawing:
1. The term "shop drawings" includes drawings, diagrams, layouts, schematic, descriptive
literature, illustrations schedules performance and test data, and similar materials furnished
by Contractor to explain in detail specific portions of the work required by the Contract.
2. Contractor shall coordinate all such drawings, and review them for legibility, accuracy,
completeness and compliance with contract requirements and shall indicate this approval
thereon as evidence of such coordination and review. Shop drawing submitted to the
Engineer without evidence of Contractor's approval will be returned for resubmission.
3. Shop drawing shall be clearly identified with the name and project number of this contract,
and references to applicable specification paragraphs and contract drawings. When catalog
pages are submitted, applicable items shall be clearly identified.
4. Contractor shall stamp his approval on shop drawings prior to submission to the Engineer as
indication of his checking and verification of dimensions and coordination with interrelated
items. Stamp shall read:
"(Contractor's Name) represents that we have determined and verified all field dimensions and
measurements, field construction criteria, materials, catalog numbers and similar data, and that
we have checked with the requirements of the Specifications and Drawings, the Contract
Documents, and General Conditions".
Marks on drawings by Contractor shall not be in red. Any marks by Contractor shall be
duplicated on all copies submitted.
5. If shop drawings show variations from contract requirements, Contractor shall describe such
variations in writing, separate from the drawings, at time of submission. All such variations
17
counterpart is to be accompanied by a complete set of the Drawings with
appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be
included in the Contract Price. Reference is made to the General and
Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions.
A copy'of the resolutions are available for review in the Purchasing and
Risk Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121
requires that suppliers and producers of cement or products
containing cement to certify that the cement was not made in cement
kilns that burn hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or
sham Bid will be rejected and reported to authorities as such. Your
authorized signature of this Bid assures that such Bid is genuine and is
not a collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you.
Bid results will be posted in the Purchasing office seven (7) days after
the Bid Opening.
END OF SECTION
Rev10/20/07 Section 00100 Page 8
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REVISION OF SECTION 105
CONTROL OF WORK
must be approved by the Engineer. If Engineer approves any such variations, he shall issue
an appropriate contract modification, except that, if the variation is minor and does not
involve a change in price or in time of performance, a modification need not be issued.
6. Should the Contractor propose any item on his shop drawings or incorporate an item into the
work, and that item should subsequently prove to be defective or otherwise unsatisfactory,
(regardless of the Engineer's preliminary review), the Contractor shall, at his own expense,
replace the item with another item that will perform satisfactorily.
E. Certificates:
For those items called for in individual sections, furnish six (6) certificates of compliance from
manufacturers or suppliers certifying that materials or equipment being furnished under the Contract
comply with the requirements of these Specifications.
F. Samples:
Samples shall be sufficient in size to clearly illustrate functional characteristics and full range of color,
texture, and pattern.
G. Effect of Review of Contractor's Submittals:
Review of drawings, data, methods of work, or information regarding materials or equipment the
Contractor proposes to provide, shall not relieve the contractor of its responsibility for errors therein
and shall not be regarded as an assumption of risks or liability by the Engineer or the Owner, or by any
officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the
failure or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO
EXCEPTIONS TAKEN" or "REVIEWED, COMMENTS AS NOTED" shall mean that the Owner
has no objection to the Contractor upon its own responsibility, using the plan or method of work
proposed, or providing the materials or equipment proposed.
Subsection 105.08 shall be revised as follows:
Delete the second paragraph and replace with the following:
Incase of discrepancy the order of precedence is as follows:
(a) General Conditions of the Construction Contract
(b) Special Provisions
1. Project Special Specifications
2. Standard Special Provisions
(c) Plans
1. Detailed Plans
2. Standard Plans
Calculated dimensions will govern over scaled dimensions.
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 105
CONTROL OF WORK
(d) Supplemental Specifications
(e) Standard Specifications
Subsection 105.09 shall include:
Coordination with Property Owners and Tenants
The City of Fort Collins is committed to maintaining a positive working relationship with the
businesses and residents in the project area. Every effort will be made to maintain pedestrian and
bicycle flow and to accommodate special events and holidays for businesses, pedestrians, parking,
and vehicle traffic. The Contractor shall be responsible to coordinate all work activities with private
property owners and tenants along the project corridor. Access shall be maintained at all times. The
Contractor shall be responsible for communicating accurate scheduling information to the project
team to assure proper notification of businesses and residents.
In particular, any proposed disruption or closure to an existing access must be communicated to the
property Owners and tenants with as much notice as possible. The minimum notice that will be
allowed for any proposed access change is 48 hours. The Contractor shall ensure that adequate
alternate access is in place for vehicles and pedestrians and any property -specific access needs are
addressed prior to any change in existing access. The Contractor shall coordinate his method of
maintaining these accesses with the City of Fort Collins Traffic Operations Department.
Subsection 105.11 shall include:
The City of Fort Collins intends to construct the roadway improvements on Harmony Road and
Shields Street simultaneously as per the traffic phasing plans shown in the contract documents. All
work must be coordinated between the projects to assure all milestones are met for both projects. The
City of Fort Collins will provide the construction traffic control and surveying to ensure the necessary
coordination between the projects. A mandatory weekly meeting will be held on site between city
representatives, the contractor's representative in charge from each project, city traffic control
supervisor and city survey crew. The schedule for each project must be submitted and coordinated at
these meetings.
Coordination with Traffic Engineer and Traffic Control Supervisor
The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities.
Requests for initial Setup of the major project phases (road closures) must be made 3 weeks prior to
projected set up. Allow up to 10 days for advanced warning signs. Requests for flaggers must be
made and updated at the weekly progress meetings for the following week. Requests for minor traffic
control set ups (lane drops, etc.) must be made 72 hours in advance of set up. Increased Traffic
Control costs caused by delays assessed to the contractor will be the responsibility of the Contractor.
Subsection 105.12 shall include:
Surveying Coordination
A. The Owner will provide construction surveying for the project. City Survey Crews will perform
the surveying required.
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REVISION OF SECTION 105
CONTROL OF WORK
B. The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours
prior to needing surveying.
C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor,
the survey personnel shall notify the Contractor with the date on which the requested work will be
completed.
D. Should a sudden change in the Contractor's operations or schedule require the survey personnel
to work overtime, the Contractor shall pay the additional overtime expense.
E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to
remove a survey monument or construction stakes, the Contractor is responsible for notifying the
Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor
will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a
destroyed monument.
F. The Contractor shall be responsible for transferring the information from the construction staked
to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls,
and other structures in accordance with the information on the stakes and grade sheets supplied
by the Owner.
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 106
CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include:
Substitutions and Product Options
A. Description:
1. This section describes the procedure required by the Contractor for product substitutions.
2. Requests for Substitution:
a. Base all bids on materials, equipment and procedures specified. .
b. Certain types of equipment and kinds of material are described in specifications by means
of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it
is not intended to exclude from consideration such types of equipment and kinds of
material bearing other trade names, catalog numbers and/or manufacturer's names,
capable of accomplishing purpose of types of equipment or kinds of material specifically
indicated.
c. Other types of equipment and kinds of material may be acceptable to the Owner and
Engineer.
d. Types of equipment, kinds of material and methods of construction, if not specifically
indicated must be approved in writing by Engineer and the Owner.
3. Submission of Requests for Substitution:
a. After Notice to Proceed, the Owner / Engineer will consider written requests for
substitutions of products, materials, systems or other items.
b. The Engineer reserves the right to require substitute items to comply color and pattern -
wise with base specified items, if necessary to secure "design intent".
c. Submit six (6) copies of request for substitution. Include in request:
1) Complete data substantiating compliance of proposed substitute with Contract
Documents.
2) For products:
i. Product identification, including manufacturer's name.
ii. Manufacturer's literature, marked to indicate specific model, type, size, and
options to be considered: Product description; performance and test data; reference
standards; difference in power demand; dimensional differences for specified unit.
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REVISION OF SECTION 106
CONTROL OF MATERIAL
iii. Name and address of similar projects on which product were used date of
installation and field performance data.
3) For construction methods:
i. Detailed description of proposed method.
ii. Drawings illustrating methods.
4) Itemized comparison of proposed substitution with product or method specified.
5) Data relating to changes in construction schedule.
6) Relation to separate contracts.
7) Accurate cost data on proposed substitution in comparison with product or method
specified.
d. In making request for substitution, or in using an approved substitute item, Supplier /
Manufacturer represents:
1) He has personally investigated proposed product or method, and has determined that it
is equal or superior in all respects to that specified and that it will perform function for
which it is intended.
2) He will provide same guarantee for substitute item as for product or method
specified.
3) He will coordinate installation of accepted substitution into work, to include building
modifications if necessary, making such changes as may be required for work to be
complete in all aspects.
4) He waives all claims for additional costs related to substitution which subsequently
become apparent.
4. Substitutions: Request sufficiently in advance to avoid delay in construction.
5. Contractor's Option:
a. For products specified only by reference standards, select any product meeting standards by
any manufacturer indicate selected type in submission.
b. For products specified by naming several products or manufacturers, select any product
and manufacturer named, indicate selected type in submission.
For products specified by naming one or more products, but indicating option of selecting
equivalent products by stating "or equivalent" after specified product, Contractor must
submit request, as required for substitution, for any product not specifically named.
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REVISION OF SECTION 106
CONTROL OF MATERIAL
6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be
considered if they are indicated or implied on shop drawings, or project data submittals,
without formal request submitted in accordance with this section.
Subsection 106.03 shall include:
Materials Testing
A. Provide such equipment and facilities as are required for conducting field tests and for collecting
and forwarding samples. Do not use any materials or equipment represented by samples until
tests, if required, have been made and the materials or equipment found to be acceptable. Any
product which becomes unfit for use after approval thereof shall not be incorporated into the
work.
B. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as
otherwise provided, sampling and testing of all materials and the laboratory methods and testing
equipment shall be in accordance with the latest standards and tentative methods of the American
Society for Testing Materials (ASTM), and the American Association of Highway and
Transportation Officials (AASHTO).
C. Where additional or specific information concerning testing methods, sample sizes, etc., is
required, such information is included under the applicable sections of the Specifications. Any
modification of, or elaboration on, these test procedures which may be included for specific
materials under their respective sections in the Specifications shall take precedence over these
procedures.
D. Owners Responsibilities
The Owner shall be responsible for and shall pay all costs in connection with the following
testing:
a. Soils compaction tests.
b. Trench backfill.
c. Pipe and structural bedding.
d. Tests not called for by the Specifications of materials delivered to the site.
e. Concrete tests.
Pavement tests
E. Contractors Responsibilities
1. In addition to those inspections and tests called for in the General Conditions, Contractor
shall also be responsible for and shall pay all costs in connection with testing required for the
following:
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 106
CONTROL OF MATERIAL
a. Concrete materials and mix designs.
b. Design of asphalt mixtures.
All performance and field-testing specifically called for by the Specifications.
d. All retesting for work or materials found defective or unsatisfactory, including tests
covered above.
F. Transmittal of Test Reports
Written reports of tests and engineering data furnished by Contractor for Engineer's review of
materials and equipment proposed to be used in the work shall be submitted as specified for Shop
Drawings.
The testing laboratory retained by the Owner or Engineer will furnish three (3) copies of a written
report of each test performed by laboratory personnel in the field or laboratory. Two (2) copies of
each test report will be transmitted to the Engineer and one (1) copy to the Contractor within
seven (7) days after each test is completed.
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 107
ENVIRONMENTAL CONTROLS
Section 107 of the Standard Specifications is hereby modified to include the following:
Environmental Controls
The work of this section consists of obtaining permits and providing environmental controls
consistent with regulatory permits through the duration of the work required under this project.
A. Dust Control Application:
The Contractor shall execute work by methods to minimize raising dust from construction
operations.
2. The Contractor shall provide and apply dust control at all times, including evenings, holidays
and weekends, as required to abate dust nuisance on and about the site that is a direct result of
construction activities. The use of non -approved chemicals, oil, or similar palliatives will not
be allowed. Dust control agents may be used only after prior approval of the Owner. The
Contractor shall be required to provide sufficient quantities of equipment and personnel for
dust control sufficient to prevent dust nuisance on and about the site.
3. The Owner will have authority to order dust control work whenever in its opinion it is
required, and there shall be no additional cost to the Owner. The Contractor shall be
expected to maintain dust control measures effectively whether the Owner or Engineer
specifically orders such Work.
B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care
to maintain natural surroundings in an undamaged condition. Within the work limits, barricade
trees, rock outcroppings, and natural features to be preserved.
C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use
equipment, tools, and materials in a manner that does not present a hazard. Immediately remove
all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of
rubbish and dispose of it at frequent intervals during progress of work.
D. Disposal
1. Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be
waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose
of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of
the limits of construction. All costs for dump fees, permits, etc., to be borne by the
Contractor.
2. Disposal of Garbage and Other Construction Materials: Provide sanitary
containers/dumpsters and haul away contents such that no overflow exists.
3. Excess excavation shall become the property of the Contractor and shall be legally disposed
of by him outside the limits of construction to an approved disposal site. Excess excavated
material suitable for backfill shall not be disposed of.until all backfill operations are
complete.
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 107
ENVIRONMENTAL CONTROLS
4. The Contractor is to immediately inform Engineer of any hazardous materials encountered
during construction. Dispose of waste materials legally at private or public facilities.
E. Burning: No burning of debris will be permitted.
F. Water Control: A portion of the project work is located within a natural drainage course and is
subject to periodic flooding due to rainfall and snowmelt, flows for adjacent developed areas and
storm water pipes and ground water flows from saturated soils or other ground water sources.
The Contractor is responsible for managing water within the construction site and protecting
property.
G. Noise Control: All mechanical equipment shall be equipped with the best available mufflers to
reduce noise. The Contractor shall be responsible for obtaining any necessary permits and shall
limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor
as necessary to show that the permitted levels are not being exceeded.
Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles
between the hours of 6 p.m. and 7 a.m.
H. Erosion and Sediment Control: It shall be the responsibility of the Contractor to prepare and
obtain an approved Erosion and Sediment Control Plan from the Owner.
I. Permits:
All work must be performed in accordance with all applicable regulatory permits.
2. It. shall be the responsibility of the Owner to prepare a Stormwater Management Plan
(SWMP), and submit the SWMP to the Colorado Department of Public Health and
Environment for review and approval. The SWMP shall be transferred to the Contractor's
possession prior to beginning the Work. The Contractor shall also provide inspection reports
as required by the SWMP to the Owner upon completion of each inspection.
3. The Contractor shall be responsible for obtaining all other necessary permits associated with
the Work.
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W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.03 shall include the following:
Project Meetings
A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award
and before the Notice to Proceed, the date, time and location will be determined after Notice of
Award.
The conference shall be attended by:
1. Contractor and Contractor's Superintendent
2. Contractor's Subcontractors (including the city provided Traffic Control Supervisor and Surveyor)
3. Engineer
4. Owner
5. Utility Companies
6. Contractor or Contractor's Superintendent from the Harmony Road Project 7.
Others as requested by the Contractor, Owner, or Engineer.
Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule
of the construction project, include in the schedule shop drawings and other submittals. Any submittals
requiring long lead times and therefore must be expedited shall be submitted at the pre -construction
conference, or as soon thereafter as possible.
The purpose of the conference is to designate responsible personnel and establish a working
relationship. Matters requiring coordination will be discussed and procedures for handling such matters
established. The agenda will include:
1. Contractor's tentative Schedule
a. The Contractor will be required to submit a detailed plan at the pre -construction meeting regarding
the installation of the waterline crossing and the connection to the 16" City of Fort Collins
waterline. These two tasks are critical to the project and must be scheduled at the beginning
of construction. All efforts must be made to coordinate with the Harmony/Shields project
manager and the Contractor must ensure that the work necessary to install these
improvements will not interfere with the construction schedule of the Harmony/Shields project.
2. Permit applications and submittals, including Dewatering Permit, Erosion and Sediment Control
Plan, and Traffic Control Plan
3. Transmittal, review and distribution of Contractor's submittals
4. Processing applications for payment
5. Maintaining record documents
6. Critical work sequencing
7. Field decision and change orders
27
SECTION 00300
BID FORM
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's
needs
9. Contractor's assignment of safety and first aid
B. Construction Progress Meetings for the W. Harmony Road Project: Progress meetings will be
conducted weekly or at some other frequency, if approved by the Engineer. These meetings shall
be attended by the Owner, the Engineer, the Contractor's representative and any others invited by
these people.
The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and
distributing the minutes to all persons in attendance.
The agenda of these project meetings will include construction progress, the status of submittal
reviews, and the status of information requests, critical work sequencing, review of strategies for
connections into existing facilities, status of field orders and change orders, and any general
business.
The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work
items.
C. Coordination Meeting with the Harmony/Shields Intersection Improvements Project:
Coordination meetings will be conducted weekly or at some other frequency, if approved by the
Engineer. These meetings shall be attended by the Owner, the Engineer, the Contractor's
representative from both projects, the Surveyor, the Traffic Control Supervisor, and any others
invited by these people.
The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and
distributing the minutes to all persons in attendance.
The agenda of these coordination meetings will include projected schedule, construction progress,
local business needs, traveling public updates, critical work sequencing, review of strategies for
connections into adjoining project improvements, status of field orders, traffic control needs, and
any general business.
The Contractor will prepare a "two week look.ahead" schedule to facilitate coordination of work
items.
Modifications to Time of Completion in the Approved Schedule
The date of beginning and the time for completion of the work are essential conditions of the Contract
Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed.
The Contractor will proceed with the work at such rate of progress to ensure full completion within
the contract time. It is expressly understood and agreed, by and between the Contractor and the
Owner that the contract time for the completion of the work described herein is a reasonable time,
taking into consideration the climatic and other factors prevailing in the locality of the work.
28
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Every effort shall be made by the Contractor to complete the project within the "Contract Time"
shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in
and around the vicinity of the Project site during the times of year that the construction will be carried
out. Extensions of time based upon weather conditions shall be granted only if the Contractor
demonstrates clearly that such conditions were "unusually severe," would not have been reasonably
anticipated, and that such conditions adversely affected the Contractor's work and thus required
additional time to complete the work.
The following specifies the procedure for the determination of time extensions for unusually severe
weather. The listing below defines the anticipated number of calendar days lost to adverse weather
for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or
similar data for the geographic location of the project.
Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
(7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5)
The above schedule of anticipated adverse weather will constitute the base line for monthly (or
portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and
continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of
adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that
the work will be carved out Mondays through Fridays (holidays accepted) unless an approved
construction schedule or written authorization from the Owner indicates otherwise. The number of
days of delayed work due to adverse weather or the impact thereof will then be compared to the
monthly adverse weather schedule above.
An actual adverse weather day must prevent work for 50 percent or more of the Contractor's
workday, delay work critical to the timely completion of the project, and be documented by the
Contractor. The City Representative observing the construction shall determine on a daily basis
whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof.
The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can
proceed on a given date, within 2 calendar days of that date. The Owner will use the above written
notification in determining the number of working days for which work was delayed during each
month.
At the end of each month, if the number of working days for which work was delayed due to adverse
weather exceeds that shown in the above schedule, a Change Order will be executed which increases
the Contract Time. The number of work days delayed due to adverse weather or the impact thereof
will then be converted to Calendar Days based on the contract completion day and date. This
conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the
Contractor have authorization to work weekends and/or holidays, and then the method of conversion
of workdays to calendar days would take this into consideration. The contract time period will then
be increased by the number of calendar days calculated above and a new contract completion day and
date will be set.
The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather -
dependent activities. .
29
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
While extensions of time shall be granted for "unusually severe" weather or climate conditions, the
Owner shall make no monetary compensation for any costs to the Contractor arising out of such
delays. The Contractor shall comply with the portions of the Contract Documents relating to his
project schedule and amendments thereto which result from the "unusually severe" weather condition.
Breakdowns in equipment or lack of performance by the Contractor will not be considered
justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the work is due to the following, and the Contractor has promptly given written notice of
such delay to the Owner or Engineer.
1. To any preference, priority, or allocation order duly issued by the Owner.
2. To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the
Owner, acts of another Contractor in the performance of a contract with the Owner, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and
unforeseeable weather as provided above.
3. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs 1
and 2, above.
4. To any delays created by the adjoining Harmony/Shields Intersection Improvements Project.
Subsection 108.04 shall include the following:
Work Hours: Standard work hours are 7 AM to 6 PM, Monday through Friday. No work shall be
permitted on weekends or holidays without written approval from the Project Manager. Work
requests beyond normal working hours must be submitted to the Project Manager a minimum of (5)
working days prior to the request date.
30
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the standard specifications is hereby revised for this project as follows:
Subsection 201.02 shall include the following:
Ralph Zentz, assistant city forester (970-221-6302), shall be responsible for identifying the removal
of tree branches, stumps, shrubs and/or other plant materials beyond those trees identified in the
removal plans for removal and/or transplant. Coordinate with the assistant city forester to have tree
branches, stumps, shrubs, and other plant materials marked for removal.
Clearing and grubbing shall include the removal of trees less than six (6) inches in diameter, bushes.and
shrubs as identified by the engineer or the assistant city forester to be either removed or trimmed. All
removed debris shall become the property of the contractor and shall be removed from the project site,
not buried on -site.
Clearing and grubbing shall include the removal of landscape timbers as directed by the engineer.
Subsection 201.04 shall include the following:
Pay Item Pay Unit
Clearing and Grubbing Lump Sum
31
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 shall include the following:
This work includes the removal and the trimming of trees as directed by the Engineer. This work
includes the preservation from injury or defacement of all vegetation and objects designated to
remain.
The Engineer will establish environmental limits. All trees, shrubs, plants, grasses, and other
vegetative materials shall remain, except as designated by the Engineer.
Once all directed clearing, trimming, and pruning is completed and accepted, no additional clearing,
trimming, cutting, or pruning will be allowed unless approved, in writing, by the Engineer.
This work shall be done by a Contractor or subcontractor who is a qualified tree surgeon and a
member of the National Arborist Association. The firm's or individual's name and qualifications shall
be submitted at the preconstruction conference for the Engineer's approval. A list of references and
other clients shall be included with the qualifications statement. A written description of work
methods and time schedules shall be submitted and approved in writing by the Engineer prior to work
commencing.
Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk
of the Contractor. Strict limits of disturbance will be defined and shall be adhered to.
Branches on trees or shrubs shall be removed as directed by the Engineer. All trimming shall be done
by skilled workmen. All work shall be done according to the following requirements:
(1) Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural
character of the tree.
(2) All final cuts shall leave no projections on or off the branch and shall not be cut so close as to
eliminate the branch collar.
(3) To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3-cut
method. These branches shall be lowered to the ground by proper ropes.
(4) Tools used on trees known or found to be diseased, shall be disinfected with alcohol before
they are used on other trees.
(5) Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the
Engineer.
(6) When cutting back or topping trees, the Contractor shall use the drop -crotch method and avoid
cutting back to small suckers. Smaller limbs and twigs shall be removed in such a manner so
as to leave the foliage pattern evenly distributed.
32
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
(7) When reducing size (cut back or topping) not more than one-third of the total area shall be
reduced at a single operation.
(8) Climbing spikes shall not be used on trees not scheduled for removal.
All brush, branches, limbs, and foliage hauled off site. Stumps shall be ground 8 inches below
ground level.
Subsection 202.12 shall include the following:
Pay Item Pay Unit
Removal of Tree Each
Trimming Tree Each
Chipping, stockpiling mulch, and hauling and stockpiling trunks and limbs will not be paid for
separately but shall be included in the work. Removal of trees less than 3 inches in diameter will not
be paid for separately but shall be included in the work.
All clearing and grubbing directed by the Engineer will be paid for as lump sum under the clearing
and grubbing item.
33
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF TREE STUMP
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing tree stumps (approximately 2-foot diameter to 4-
foot diameter) within the project limits as shown on the plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing tree stumps designated for removal shall be ground down to an approved depth. The
removed material shall become the property of the Contractor and shall be disposed of outside the
project site legally.
Subsection 202.11 shall include the following:
The removal of the existing stumps will be measured by the number of tree stumps removed, and
accepted.
Potholing will not be paid separately and shall be included in the cost for removal of tree stump.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Tree Stump Each
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
34
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF INLET
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing concrete inlet within the project limits as shown
on the plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The inlet shall be removed in a manner that minimizes disturbance to the surrounding area. All
removed inlet materials shall become the property of the Contractor and shall be disposed of outside
the project site legally.
Subsection 202.11 shall include the following:
The removal of the existing concrete inlet will be measured by the number of inlets removed, and
accepted.
Location of sawcutting shall be directed by the Engineer. Sawcutting, excavation and backfilling will
not be paid separately and shall be included in the cost for removal of inlet.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item
Removal of Inlet
Pay Unit
Each
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
35
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF PIPE
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing pipe within the project limits as shown on the
plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The removed pipe shall become the property of the Contractor and shall be disposed of outside the
project site legally.
Subsection 202.11 shall include the following:
The removal of the existing pipe will be measured by the linear foot of concrete pipe removed, and
accepted.
Excavation and backfilling will not be paid separately and shall be included in the cost for removal of
pipe.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item
Removal of pipe
Pay Unit
Linear Foot
Work shall include all material, equipment, labor, and disposal of materials to complete the work.
36
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF SIDEWALK
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing sidewalk within the project limits as shown on
the plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing sidewalk (6 inches thick) shall be removed in a manner that minimizes contamination of
the removed sidewalk with underlying material. The removed sidewalk shall become the property of
the Contractor and shall be disposed of outside the project site legally. The Contractor may dispose
the removed sidewalk at the City of Fort Collins Recycling Center at Hoffman Mill Road. It is the
responsibility of the Contractor to be familiar with acceptable disposal specifications of the City
Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing sidewalk will be measured by the square yard of sidewalk removed to the
required depth, and accepted.
Sawcutting will not be paid separately and shall be included in the cost for removal of sidewalk.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Sidewalk Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to
complete the work.
37
PROJECT:
SECTION 00300
BID FORM
Place
Date
1. In compliance with your Invitation to Bid dated 20_ and
subject to all conditions thereof, the undersigned
a (Corporation, Limited Liability Company, Partnership, Joint Venture, or
Sole Proprietor) authorized to do business in the State of Colorado
hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed
on the following Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this
proposal is made in good faith, without collusion or connection with any
other person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the
Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be
done, all of which have been examined by the undersigned.
3. Accompanying this Bid is a.certified or cashier's check or standard Bid
bond in the sum of
($ ) in accordance with the Invitation To Bid and Instructions
to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this
Bid. The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows:
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by
the CONTRACTOR under one of the items listed in the Bid Schedule,
irrespective of whether it is named in said list..
6. Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
Rev10/20/07 Section 00300 Page 1
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF CURB AND GUTTER
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing curb within the project limits as shown on the
plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The removed curb shall become the property of the Contractor and shall be disposed of outside the
project site legally. The Contractor may dispose the removed curb at the City of Fort Collins
Recycling Center at Hoffman Mill Road. It is the responsibility of the Contractor to be familiar with
acceptable disposal specifications of the City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing curb will be measured by the linear foot of curb removed, and accepted.
Sawcutting will not be paid separately and shall be included in the cost for removal of curb.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Curb and Gutter Linear Foot
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to
complete the work.
38
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF CONCRETE PAVEMENT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing concrete pavement within the project limits as
shown on the plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing concrete pavement (10 inches thick) shall be removed in a manner that minimizes
contamination of the removed pavement with underlying material. The removed pavement shall
become the property of the Contractor and shall be disposed of outside the project site legally. The
Contractor may dispose the removed pavement at the City of Fort Collins Recycling Center at:
1380 Hoffman Mill Road Fort Collins, Colorado (970)482-
1249
It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the
City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing concrete pavement will be measured by the square yard of pavement
removed to the required depth, and accepted.
Location of sawcutting shall be as directly by the Engineer. Sawcutting will not be paid separately and
shall be included in the cost for removal of concrete pavement.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Concrete Pavement Square Yard
39
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.01 shall include the following:
This work includes removal and disposal of existing asphalt mat within the project limits as shown on
the plans or at locations directed by the Engineer.
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat shall be removed in a manner that minimizes contamination of the removed
asphalt with underlying material. The removed mat shall become the property of the City and be
disposed of by any one or more of the following described methods:
1. Place material in bottom of fills as approved by the Engineer.
2. Haul offsite to City of Fort Collins Recycling Center at:
1380 Hoffman Mill Road
Fort Collins, Colorado
(970)482-1249
It is the responsibility of the Contractor to be familiar with acceptable disposal specifications of the
City Recycling Center.
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the square yard of mat removed to the
required depth, and accepted.
Location of sawcutting shall be as directed by the Engineer. Sawcutting will not be paid separately
and shall be included in the cost for removal of asphalt mat.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat Square Yard
Work shall include all material, equipment, labor, and disposal of materials, including hauling, to
complete the work.
40
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 203
PROOF ROLLING
Section 203 of the Standard Specifications is hereby revised for this project as follows:
Subsection 203.13(f) delete and replace with the following:
Proof rolling will not be measured but shall be incidental to the work.
Subsection 203.14 shall include the following:
Proof rolling will not be measure and paid for separately, but shall be included in the work.
41
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 207
TOPSOIL
Section 207 of the standard specifications is hereby revised for this project as follows:
Delete Subsection 207.04 and replace with the following:
Topsoil placed behind the back of walk to the project limits shown on the plans shall be paid for by
the cubic yard per plan quantity.
The top six inches (6 ") of vegetation shall be stripped from the existing ground between the project
limits and the existing pavement and stockpiled onsite. This material shall be used for the topsoil
quantity and topsoil special —amended topsoil quantity unless otherwise directed by the engineer. All
excess material shall be hauled offsite at the Contractor's expense. This material shall be paid by the
cubic yard per plan quantity as Stockpile Topsoil.
Subsection 207.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Topsoil Cubic Yard
Stockpile Topsoil Cubic Yard
Tilling and disking operations will not be paid for separately, but shall be included in the work.
Organic amendment will not be paid for separately but shall also be included in the work.
42
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 207
TOPSOIL (SPECIAL) - AMENDED ONSITE FOR MEDIAN AND PARKWAY AREAS
Section 207 of the standard specifications is hereby revised for this project as follows:
Subsection 207.01 shall be revised to include the following:
The Contractor will have the option to either purchase amended topsoil that meets the following
requirements or mix the existing material on -site to meet the requirements. If mixed on site, this
work shall consist of using the onsite stockpiled topsoil and mixing with the required imported soil
amending material to produce the standard 7 5/25 topsoil mix material. This material shall be placed
in the designated landscape medians and parkway areas indicated on the plans.
Subsection 207.02 shall include the following:
Topsoil for this project shall consist of loose friable loam amended with organic enhancements.
A. Amended Topsoil Onsite shall have the following characteristics:
Shall have a range of three to four percent organic matter as determined by the ignition of
moisture free sample dried to determine loss in accordance with current methods of the
Association of Official Agriculture Chemists.
Shall have a pH between 6.5 to 8.0.
Sodium Absorption Rate (SAR) and Electrical Conductivity (EC) readings are not to exceed three
mmhos/cm.
Particle Sizes: Topsoil shall be loam to sandy loam.
Must be weed free at the time of spreading operations. This can be achieved by following
subsection 217.03
B. Soil Amendment:
Onsite amended topsoil - Material brought to the site for amendment process shall meet the
amendments at the following rate:
3 cubic yards per 1,000 square feet of organic amendment
The organic amendment shall include the following:
An organic product containing a mixture of composted cow or sheep manure and wood residue
that has been aerobically and naturally processed in such a manner as to maintain a consistent
temperature of 60 degrees Celsius (140 degrees Fahrenheit) or greater for a period of time that is
long enough to accomplish the following specifications:
43
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 207
TOPSOIL (SPECIAL) - AMENDED ONSITE FOR MEDIAN AND PARKWAY AREAS
1. The windrows of composted organic amendment (cow or sheep manure) have to be
composted for 70 to 90 days. Certification must be provided to prove the product has gone
through this process.
2. Eradicate harmful pathogens, including coliform bacteria.
3. Create a carbon to nitrogen ratio of no less than 15/1to 25/1
4. Contain no solid particle greater than 1/2 inch in diameter.
5. Have a non -offensive smell similar to fresh turned soil.
6. Contain no significant level of dirt or soil and contain a maximum of 30 percent composted
wood residue (pine or aspen wood).
The ph after composting shall be between 5.0 and 7.5 with an organic matter content of no less
than 30 percent. The contractor shall submit a 2 lb. Sample of the product four weeks before its
use on the project site revision for the Engineer's approval. A Certificate of Compliance shall be
provided to the Engineer to verify the organic matter content, pH and carbon matter to nitrogen
ratio.
The Contractor shall submit two samples of topsoil to a soils laboratory for analysis. The cost of
the test shall be at the Contractor's expense. The results will be submitted to the Engineer for
review at least 60 days prior to placement. Based on the results, the Engineer can request soil
amendments appropriate to have topsoil conform to these specifications at no cost to the project.
The organic amendment shall be an organic product containing a mixture of composted cow or
sheep manure and wood residue that has been aerobically and naturally processed in such a
manner as to maintain a consistent temperature of 140 degrees. Fahrenheit or greater for a period of
time of 70 to 90 days, and be approved by the Engineer.
Subsection 207.03 shall include the following:
All areas planted with shrubs behind the curb (parkway area) shall have the top 8 inches of soil
tilled. Upon completion of tilling, the Contractor shall disk soil so as to break up all dirt clods to a
size of two inches or smaller.
Topsoil placement shall occur immediately after disking is complete. All areas shall be seeded or
temporarily stabilized within seven calendar days after topsoil placement is completed.
Spread topsoil over all areas to be planted with shrubs, to a depth of three inches. Begin
placement after all rough grading, tilling, and disking operations are complete.
Ten days before notice to proceed, Contractor shall submit a weed mitigation plan t the Engineer
for approval. This plan shall include a graphic time line showing milestone and completion dates of
herbicide treatment, topsoil stockpiling, topsoil spreading and all seeding and planting times.
Delete Subsection 207.04 and replace with the following:
Topsoil salvaged from the roadway placed in stockpile shall paid by the cubic yard per plan quantity
as Stockpile Topsoil.
Topsoil special shall be measured in place by measuring random depths of topsoil, and computing the
volume by multiplying the area times the average depth. Topsoil special includes the amended
44
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 207
TOPSOIL (SPECIAL) - AMENDED ONSITE FOR MEDIAN AND PARKWAY AREAS
material secured from a source outside the right-of-way, mixing the stockpiled topsoil material with
the amended material to meet the requirements for an approved 7 5/25 mix, and placing in the
designated areas.
Subsection 207.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Topsoil (Special) - Amended Onsite for Median and Parkway Materials Cubic Yard
Tilling and disking operations will not be paid for separately, but shall be included in the work.
Organic amendment will not be paid for separately but shall also be included in the work.
45
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 208
EROSION CONTROL
Section 208 of the Standard Specifications is hereby revised for this project as follows:
Section 208.01 of the Standard Specifications is hereby revised for this project to include the
following:
Any loss of time or materials related to erosion shall be the sole responsibility of the Contractor. Any
damage to surrounding properties or facilities (either on site or off site) related to erosion caused by
construction of this project, will be the sole responsibility of the Contractor.
Subsection 208.05 shall include the following:
Silt fenceshall be installed in accordance with City of Fort Collins stormwater detail D-28 and
maintained for the duration of the project.
Wattles shall be installed in accordance with detail in the plan set.
Storm drain inlet protection shall be installed in accordance with the details in the plan set labeled IP1
andIP-3.
It shall be the responsibility of the contractor to ensure that all roadways near the project are kept
clean of construction debris.
Section 208.07 shall be deleted and replaced with the following:
All erosion control measures identified in the Contract and as directed by the Project Manager will
not be measured and paid for separately but will be the plan quantities. The unit cost price bid will be
full compensation for all work required to complete the item.
The Erosion Control Supervisor will be measured by the hour.
Street sweeping will not be measured but shall be incidental to the work.
Subsection 208.08 shall include the following:
Pay Item
Pay Unit
Silt Fence
Linear Foot
Concrete Washout Structure
Each
Storm Drain Inlet Protection (Type 1)
Each
Storm Drain Inlet Protection (Type 3)
Each
Wattle
Each
Construction Fence
Linear Foot
Stabilized Construction Entrance
Each
Erosion Control Supervisor
Hour
Street sweeping will not be measure and paid for separately, but shall be included in the work. The
travel time for the Erosion Control Supervisor shall be considered incidental to the work.
46
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 209
WATERING
Section 209 of the Standard Specifications is hereby revised for this project as follows:
Subsection 209.06 shall include the following:
All landscaping including but not limited to the existing trees, shrubs, flower beds, and sod planted at
all locations on the project where the construction has affected the existing irrigation system shall be
watered as directed by the Engineer for the months of November through April. This item will be
measured by the gallon.
Pay Item Pay Unit
Water (Landscaping) Gallon
47
8. BID SCHEDULE (Base Bid)
Project: Harmoni, Road Improvements Project
spec/Item Estimated
Number
Description Unit Unit Cost Item Cost
Quantity
Harmony Road Immovement Project
201-00000 Clearing and Grubbing 1 LS
202-00010
Removal of Tree
44
EA
202-00011
Tree Trimming
14
EA
202-00013
Removal of Tree Stump (4' Dia ! 2' Dia)
17
EA
202-00019
Removal of Inlet
I
EA
202-00035
Removal of Pipe
241
LF
202-00037
Removal of Ertd Section
5
EA
202-00200
Removal of Sidewalk
1 646
SY
202-00202
Removal of Concrete Gutter_(8 Foot Wide)
48
LF
202-00203
Removal of Cutts and Gutter
1792
LF
202-00206
Removal of Curb Ramp
35
SY
202-00210
Removal of Concrete Pavement
60
SY
Rev10/20/07 Section 00300 Page 1
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 210
RESET STRUCTURE — ELECTRIC GATE AND CONTROL BOX
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the -following:
Reset Structure — Electric Gate and Control Box consists of removing the entrance gate at the location
shown on the plans and resetting with all existing gate materials, control box and all necessary
conduits required to properly install at the new location. The Contractor shall cooperate and
coordinate with the adjacent land owner to minimize disturbance. The Contractor shall be required to
store all salvageable materials in a safe location until the gate is reset.
Subsection 210.12 shall include the following:
Reset Structure — Electric Gate and Control Box will be measured by the actual number reset and
shall include all work and materials necessary to remove items from their existing location and reset
them at the new location and to install the gate.
Subsection 210.13 shall include the following:
Pay Item Pay Unit
Reset Structure — Electric Gate and Control Box Each
48
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 210
RESET STRUCTURE — IRRIGATION FLUME
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the following:
Reset Structure — Irrigation Flume consists of removing the flume and resetting at the location
indicated on the plans salvaging the existing metal irrigation structure or replacing with an equivalent
flume. The Contractor shall coordinate with the adjacent property owner and the Pleasant Valley
Irrigation Company prior to commencing work. Construction methods shall follow manufactures
requirements or ditch company standards. The Contractor shall ensure the device is level in all
directions and that the water gauges are properly installed. It shall be the Contractor's responsibility
to protect all salvageable materials once removed until time of placement.
Subsection 210.12 shall include the following:
Reset Structure — Irrigation Flume will be measured by the actual number reset and shall include all
work and materials necessary to remove items from their existing location and reset them at the new
location.
Subsection 210.13 shall include the following:
Pay Item Pay Unit
Reset Structure — Irrigation Flume Each
49
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 210
RESET WATER SERVICE
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the following:
Reset Water Service consists of removing the existing water meter and meter pit and installing a new
water meter and meter pit at locations shown on the plans according to the requirements of the current
Fort Collins -Loveland Water District Utilities Standard Construction Specifications. The Contractor
shall cooperate and coordinate with the Fort Collins -Loveland Water District when shutting off water
to minimize downtime to customers.
Subsection 210.12 shall include the following:
Reset Water Service will be measured by the actual number reset and shall include all work and
materials necessary to remove items from their existing location and reset them at the new location
and to install the new water meter.
Subsection 210.13 shall include the following:
Pay Item Pay Unit
Reset Water Service Each
50
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 210
RESET FIRE HYDRANT
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the following:
Reset fire hydrant consists of removing the existing fire hydrant assymbly and installing a new fire
hydrant assymbly at locations shown on the plans according to the requirements of the current Fort
Collins -Loveland Water District Utilities Standard Construction Specifications. The Contractor shall
cooperate and coordinate with the Fort Collins -Loveland Water District when shutting off water to
minimize downtime to customers.
Subsection 210.12 shall include the following:
Reset Water Service will be measured by the actual number reset and shall include all work and
materials necessary to remove items from their existing location and reset them at the new location
and to install the new water meter.
Subsection 210.13 shall include the following:
Pay Item Pay Unit
Reset Water Service Each
9
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 210
RELAY RIPRAP
Section 210 of the Standard Specifications is hereby revised for this project as follows:
Subsection 210.02 shall include the following:
Relay Riprap consists of removing the existing riprap along Front Range Community College,
stockpiling in approved location on site, and relaying within the areas designated on the plans or at
locations directed by the Engineer.
Subsection 210.12 shall include the following:
Relay Riprap will be measured by the actual cubic yards and shall include all work and materials
necessary to remove items from their existing location, stockpile, and relay at the new location and
according to plan.
Subsection 210.13 shall include the following:
Pay Item
Relay Riprap
Pay Unit
Cubic Yards
Work shall include all material, equipment, labor, and dewatering to complete the work, including
excaving and backfilling.
52
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 304
AGGREGATE BASE COURSE
Section 304 of the Standard Specifications is hereby revised for this project as follows:
Subsection 304.02 shall include the following:
Materials for the base course shall be Aggregate Base Course (Class 6) as shown in subsection 703.03
The aggregate base course (Class 6) must meet the gradation requirements and have a resilient
modulus of at least 32,883 psi or a resistance value, RD78 when tested by the Hveem Stabilometer
method.
Subsection 304.04 shall include the following:
Any excavation and fill required to place the aggregate base course and the preparation of the
subgrade will not be measure and paid for separately, but shall be included in the work. Any access
excavated material not used on site shall become the property of the Contractor and shall be disposed
of at the City of Fort Collins Recycling Center at Hoffman Mill Road. Materials not accepted at the
City Recycling Center shall be disposed of outside the project site.
Subsection 304.08 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Aggregate Base Course (Class 6) Ton
Work shall include all material, equipment, labor, and disposal of any access excavated materials,
including hauling, to complete the work.
53
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
TABLE 403-1
Propert
Test
Value For Grading
S(100)
SG(100)
Method
Air Voids, percent at:
N (initial) [for information only]
CPL 5115
>11.0
>1 1.0
N(design)
3.5-4.5
3.5-4.5
Lab Compaction (Revolutions):
N (initial) [for information only]
CPL 5115
8
8
N (design)
100
100
Stability, minimum
CPL 5106
30
30
Minimum % of the aggregate retained
n the 4.75 min (No. 4) sieve having at
CP 45
90
80
east 2. mechanically induced fractured fm
Accelerated Moisture Susceptibility
CPL 5109
Tensile Strength Ratio (Lottman),
Method B
80
80
minimum
Minimum Dry Split Tensile Strength,
CPL 5109
205 (30)
205 (30)
a (psi)
Method
Grade of Asphalt Cement, Top Layer
PG 64-2 8
Grade of Asphalt Cement, Layers below
Top
PG 5 8-28
Voids in the Mineral Aggregate (VMA)
See Table
See Table
% minimum
CP 48
1 403-2
403-2
Voids Filled with Asphalt (VFA), %
Al MS-2
65-75
65-75
Dust to Asphalt Ratio
Fine Gradation
CP 50
0.6 - 1.2
0.6 - 1.2
Coarse Gradation
0.8 - 1.6
0.8 - 1.6
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer.
Note: Mixes with gradations having less than 40% passing the 4.75 min (No. 4) sieve shall be approached
with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one -inch or larger are considered
a coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of 3A inch or smaller are considered a
coarse gradation if they pass below the maximum density line at the #8 screen.
54
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 403
HOT MIX ASPHALT
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must
satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix
properties at Air Voids up to 1.0 percent below the mix design optimum
TABLE 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
***Design Air Voids **
Maximum Size*,
mm (inches)
3.5 %
4.0 %
4.5 %
37.5 (11/2)
11.5
12.0
12.5
25.0(1)
12.5
13.0
13.5
.19.0 (3/4)
13.5
1 14.0
1 14.5
12.5 (1/2)
14.5
15.0
15.5
9.5 (3/8)
15.5
16.0
16.5
* The Nominal Maximum Size is defined as one sieve larger than the
first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids between those
listed.
Air Void Criteria: A design air void range of 3.5 to 4.5% with a
target of 4.0% will be used on all mixes. The air void criteria will be
applied to the approval of the design mix.
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation
of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving
operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and
the cause of segregation shall be corrected before paving operations will be allowed to resume.
The hot mix asphalt top layer shall not contain any reclaimed or recycled asphalt pavement.
Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt
(Grading S) (100).
To prevent stripping, a minimum of 1 percent hydrated lime by weight of the combined aggregate
shall be added to the aggregate for all hot mix asphalt.
55
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 403
HOT MIX ASPHALT
Acceptance samples shall be taken as per CP-4 1.
Subsection 403.03 shall include the following:
The Contractor shall construct the work such that all roadway pavement placed prior to the time
paving operations end for the year, shall be completed to the full thickness required by the plans. The
Contractor's Progress Schedule shall show the methods to be used to comply with this requirement.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection
401.22, at the contract unit price per ton for the bituminous mixture.
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Grading SG) (100) (PG 58-28) Ton
Hot Mix Asphalt (Grading S) (100) (PG 64-28) Ton
Aggregate, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete
each hot mix asphalt item will not be paid for separately, but shall be included in the unit price bid.
When the pay item includes the PG binder grade, the asphalt cement will not be measured and paid
for separately, but shall be included in the work. When the pay item does not include the PG binder
grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement
used in Hot Mix Asphalt (Patching) will not be measured and paid for separately, but shall be
included in the work.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for
separately, but shall be included in the work.
56
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 412
FAST TRACK PORTLAND CEMENT CONCRETE PAVEMENT
Section 412 of the Standard Specifications is hereby revised for this project as follows: .
Subsection 412.03 shall include the following:
Where Concrete Pavement (Fast Track) is specified in the Contract, theconcrete shall be Concrete
Class P (Fast Track) and shall conform to the requirements for Concrete Class P as described in
Section 601. Substitution of other classes of concrete will not be allowed.
Subsection 412.04 shall include the following:
Type III cement will be permitted for Concrete Class P (Fast Track).
For Concrete Class P (Fast Track), the Contractor shall develop maturity relationships in accordance
with ASTM C 1074 with the following additions or modifications:
1. The cylinders used to establish the compressive strength vs. maturity relationship shall be
cast and cured in the field in conditions similar to the project.
2. These cylinders shall be tested in pairs at times which yield compressive strengths three sets
of which are at or below 17 Mpa (2500 psi) and one of which is above 17 Mpa (2500 psi).
3. Testing to determine datum temperature or activation energy will not be required.
4. A test slab shall be cast at the same time and location as the cylinders. The test slab shall have
a length and width of 2 m x 2 in (6 feet x 6 feet) and a thickness equal to the pavement design
thickness. The maturity of the test slab, when used in the compressive strength vs. maturity
relationship from the cylinders, shall indicate that a compressive strength of 17 Mpa (2500 psi)
is achieved in the required time. Slab maturity will be determined with two probes located in the
slab approximately 300 mm and 600 mm (1 and 2 feet) from the edge. The test slab shall be
covered with a blanket similar to the one to be used on the pavement.
The development of the maturity relationship and maturity determination of the test slab is part of the
trial mix and shall thus be documented in the Concrete Mix Design Report.
The Contractor shall provide a multi -channel maturity meter and all necessary wire and connectors.
The Contractor shall be responsible for the placement and maintenance of the maturity meter and
wire. Placement shall be as directed by the Engineer.
Calcium chloride will not be allowed.
Admixtures which conform to AASHTO M 194 Type F (water reducing, high range) and Type G
(water reducing, high range and retarding) will be permitted for Concrete Class P (Fast Track).
Subsection 412.14 shall include the following:
For Concrete Pavement (Fast Track) curing blankets with a minimum R-Value of 0.5 shall be
provided, in addition to the membrane curing, and shall be placed as soon as they can be placed
without marring the surface
57
Project: Harmony Road Improvements Project
Slxc/Item Estimated
Description Unit Unit Cost Item Cost
Number Quantity
202-00220 Removal ol' Asphalt Mat 20971 SY
202-(9001 Plug Culvert I EA
203-00010 Unclassified Excavation (Complete In Place) 8551 CY
203-00100 • Muck Excavation 722 CY
203-01596 Potholing With Stlfwcying and Stationing of U/G Utilities I LS
207-00205
Topsoil
1567
CY
207-00210
Stockpile. Topsoil
5932
CY
207-00405
Topsoil (Special) - Amended Onsite for Median and Parkway Areas
2072
CY
208-00005
Wattle (2S Sections)
5.4
EA
208-00020
Silt Fence
5305
LF
208-xxxxx
Construction Fence
2336
LF
Rev10/20/07
Section
00300 Page 2
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 412
FAST TRACK PORTLAND CEMENT CONCRETE PAVEMENT
Subsection 412.18 shall include the following:
The transverse and untied longitudinal joints of Concrete Pavement (Fast Track) shall be cleaned and
sealed with preformed compression joint seals prior to opening of the pavement to traffic.
Subsection 412.22 shall include the following:
The Concrete Pavement (Fast Track) shall not be opened to traffic until the maturity value of the last
concrete placed, determined by the Contractor in accordance with ASTM C 1074 as modified in
subsection 412.04, as revised for this project, indicates that 17 MPa (2500 psi) minimum field
compressive strength has been achieved.
For Concrete Class P (Fast Track) a field compressive strength of 17 MPa (2500 psi) shall be
achieved within 24 and 48 hours after placement.
Subsection 4 12.24(a) shall include the following:
Pay Item
Pay Unit
Concrete Pavement (1 0-1 /2 inch) (Fast Track) (24 Hour) Square Yard
Furnishing, calibrating and use of the maturity meter, wire, and other appurtenances including the
molding, curing and breaking of cylinders for calibration, and placement of the slab will not be
measured and paid for separately, but shall be included in the work.
58
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 605
MEDIAN UNDERDRAIN
Section 605 of the Standard Specifications is hereby revised for this project as follows:
Subsection 605.01 shall include the following:
This work consists of constructing median underdrains in accordance with these specifications and in
conformity of the median detail indicated on the plans. This work shall include installing the 10 Mil
plastic liner, the 4" perforated pipe wrapped in weed barrier fabric, and class 67 bedding.
Subsection 605.07 shall include the following:
The median underdrain including the plastic liner, the 4" perforated pipe wrapped in weed barrier
fabric, and class 67 bedding will all be measured as one unit and paid for as 4 Inch Perforated Pipe
Underdrain by the linear foot.
Payment will be made under:
Pay Item Pay Unit
4 Inch Nonperforated Pipe Underdrain LF
4 Inch Perforated Pipe Underdrain LF
All labor, excavation, preparation, compaction, and clean outs will not be measured and paid for
separately, but shall be included in the work.
59
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Section 608.01 shall include the following:
This work consists of the construction of the paving for concrete sidewalks, and concrete curb ramps.
In subsection 608.02 delete the second paragraph and replace with the following:
Concrete for sidewalks, bikeways and shall be Class B, and meet the requirements in Section 601.
Subsection 608.03 shall include the following:
Finished products that do not match the approved test slab shall be removed and replaced by the
Contractor at no cost to the Owner.
Record date, location, and quantity of pour, as well as air temperature at time of pour.
Subsection 608.03(b).shall include the following:
For Surfaces Exposed to View: Form faces must be free from raised grain, tears, wom edges, patches,
dents, or other defects which would impair texture of the concrete surfaces. Minimize number of
seams in form material, and arrange seams in an orderly fashion.
To minimize potential cracking, no section of concrete shall have any angle less than 90 degrees.
After stripping of the forms, if any concrete is found to be not formed as shown on the drawings, is
out of alignment of level, or shows a defective surface, it will be considered as not conforming with
the intent of these standards and specifications, and shall be removed and replaced at the Contractor's
expense, unless the Engineer gives permission to patch the defective area.
Delete subsection 608.03(d) and replace with the following:
Sidewalk: Concrete sidewalks trails shall be medium broom finished with joints located per
drawings.
All outside edges of the slab and all joints shall be edged with a 1/4-inch radius edging tool.
Thoroughly wash the surface with water prior to acceptance.
Surface Planeness for Concrete Paving. Unless otherwise specified, produce slabs with the
following tolerance.
Finishes shall be true planes within 1/4-inch in 10 feet, as determined by a 10 foot straight edge
placed anywhere on the slab in any direction.
Subsection 608.03(e) shall include the following:
60
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
A. Expansion joints/construction joints/ for concrete paving:
Expansion joints to be spaced no greater than every 300 feet.
2. Extend joint filler the full depth of the slab. Hold back filler 1/2-inch from top of slab.
3. Joint sealant or caulk shall match color of concrete; caulking shall not extend above level of.
pavement.
B. Score Joints.
1. Construct sawcut and tooled score joints as detailed on the plans.
2. Score joints shall.be 1/4 of paving depth.
3. Tooledjoints to have a 1/4-inch radius and shall not incorporate a trowelled edge except where
indicated on the drawings. Score joints into plastic concrete during finishing operations.
Subsection 608.06 shall include the following:
Pay Item
Concrete Sidewalk
Pay Unit
SY
The price all pay items shall be full compensation for furnishing and placing all materials including
test slabs, and demolition of test slabs, excavation, concrete, forms, joint materials, reinforcement,
tooling and finishing.
61
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 608
CONCRETE CURB RAMP
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This work includes the installation of detectable warnings on concrete curb ramps at the locations
shown on the plans and in accordance with the plans.
Subsection 608.02 shall include the following:
Detectable warnings on curb ramps shall be truncated domes of the dimensions shown on the plans.
Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers.
Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and
when installed, shall be capable of producing the pattern of domes as shown on the plans.
Pavers shall meet the requirements of ASTM C 902 or ASTM C 936.
Alternate materials may be used, if pre -approved by the Engineer. The Contractor shall submit a
sample of the product, the name of the selected supplier, and documentation that the product meets all
contrast requirements and will be fully compatible with the curb ramp surface to the Engineer for
approval prior to start of work. Known vendors of alternate products include but are not limited to
the following:
II. Vendor Name
III. Product
IV. Phone Numbers
CAST in TACT Warning
303-295-6050
TMA Construction Supply
Panels
East Jordan Iron Works, Inc.
Truncated Dome Plates
800-626-4653
The domes and the underlying surface shall have a minimum of 70% contrast with the light
reflectivity of the adjoining surface. The contrast shall be verified using the following equation:
Contrast=l (Bt—Bs)1X100
L Bl JJ
Where 81 = Light Reflectance Value (LRV) of the lighter area
B2 = LRV of the darker area
Absolute black and white will not be permitted.
The contrast shall be achieved by adding pigment during the fabrication of the paver. Prior to start of
work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the
contrast has been met, along with a sample paver, to the Engineer for approval.
62
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 608
CONCRETE CURB RAMP
Bedding and joint sand shall be free of deleterious or foreign matter. The sand shall be natural or
manufactured from crushed rock. Limestone screenings or stone dust shall not be used. Sand for
bedding material shall conform to ASTM C 33. Sand that is to be placed between joints shall
conform to ASTM C 144.
Subsection 608.03 shall include the following:
(g) Detectable Warnings. Pre -fabricated pavers for detectable warnings shall be brought to the site in
steel banded, plastic banded or plastic wrapped cubes capable of being transported by a fork lift
or clamp lift. Pavers shall be carefully removed and stacked in a manner which results in the
least amount of damage. All pavers that are damaged during transport or delivery will be rejected
and shall be replaced at the Contractor's expense. Minor cracks or chipping due to transport and
handling that do not interfere with the structural integrity of the paver or the overall pattern of
truncated domes will not be deemed as grounds for rejection.
The Contractor shall spread the bedding sand evenly in the area defined and shall screed the sand
to an appropriate embedment depth as shown on the plans or as directed by the Engineer.
Sufficient sand should be placed to stay ahead of laid pavers
Pavers shall be placed in a running bond pattern. Domes shall be aligned to create a square grid
in the predominant direction of travel as shown in the plans. Pavers shall be installed such that
the base of the truncated dome is at the same elevation as the adjoining surface, allowing for a
smooth transition between the curb ramp and the detectable warning.
When cut pavers are required to fill gaps between the pavers and the edge of concrete, the
Contractor shall bevel portions of the truncated domes at a 45-degree angle to create a smooth
transition between the partial dome and the curb ramp surface. Unless otherwise directed by the
Engineer, pavers shall be cut and installed in such a manner that the domes on the cut sections
will not significantly impact the overall pattern of the truncated domes.
The Contractor shall use a plate vibrator to embed the pavers into the sand. The size and type of
plate vibrator shall be in accordance with manufacturer's recommendations, or as directed by the
Engineer. All pavers that are damaged during embedment shall be replaced at the Contractor's
expense.
Joint spacing between paver units shall be in accordance with the manufacturer's
recommendations, or as approved by the Engineer. Joints shall be filled completely with joint
sand. Excess sand shall be removed by sweeping.
(h) Alternate products. Alternate materials shall be installed in accordance with manufacturer's
recommendations.
The concrete surface to which alternate materials are to be applied shall be prepared in
accordance with manufacturer's recommendations. Material requirements, color and application
shall be in accordance with manufacturer's recommendations and as approved by the Engineer.
Subsection 608.05 shall include the following:
63
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 608
CONCRETE CURB RAMP
Detectable warnings on curb ramps, including sand, pavers, alternate materials, and all other work
and materials necessary for fabrication, transport, and installation will not be measured and paid for
separately, but shall be included in the work.
64
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 609
CURB AND GUTTER
Section 609 of the Standard Specifications is hereby revised for this project as follows:
Subsection 609.02 shall be deleted in its entirety and replaced with the following:
609.02 Materials shall meet the requirements specified in the following subsections:
Joint Fillers 705.01
Bed Course Material 703.07
All concrete used for Curb and Gutter shall be Class B and meet the requirements in Section 601.
All concrete mix designs utilized shall be submitted to the City representative and approved a
minimum of one week prior to the beginning of construction.
Concrete mixes will be subject to inspection and tests as required to assure compliance with quality
requirements.
Subsection 609.06 shall include the following:
Pay Item Pay Unit
Curb and Gutter Type 2 (Section I-B) LF
Curb and Gutter Type 2 (Section II-B) LF
Gutter Type 2(10 Foot) LF
The price of all pay items shall be full compensation for all excavation, concrete, forms, joint
materials, reinforcement, tooling and finishing.
65
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 610
MEDIAN COVER MATERIAL
Section 610 of the Standard Specifications is hereby revised for this project as follows:
In subsection 610.02 delete the second paragraph and replace with the following:
All concrete used for median cover material shall be Class B and meet the requirements in Section
601. Coloring agent shall be Davis Color San Diego Buff. All concrete mix designs utilized shall be
submitted to the City representative and approved a minimum of one week prior to the beginning of
construction.
In subsection 610.03 delete the third paragraph and replace with the following:
(b) Concrete. Construction requirements shall conform to the requirements of subsection 608.03.
The surface finish shall be exposed aggregate as indicated on the plans.
Subsection 610.05 shall include the following:
Pay Item Pay Unit
Median Cover Material (Decorative) SF
The price for all pay items shall be full compensation for furnishing and placing all materials
including test slabs, and demolition of test slabs, excavation, concrete, forms, joint materials,
reinforcement, tooling, finishing and removing polyethylene.
66
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF 614
TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised for this project as follows:
Subsection 614.01 shall include the following:
The City of Fort Collins will furnish and install all traffic control devices for the project. The
Contractor is required to coordinate with the City for the completion of the work.
67
Project: Harmony Road Improv emeWs Project
Spec/Item
Estimated
Description
Unit Unit Cost Item Cost
Number
Quautity
208-00045
Concrete Washout Sunuctttre
I
EA
208-00050
Storm Drain Inlet Protection (Type- 1)
9
EA
208-00052
Storm Dtaiti btlet Protection (Type 3)
S
EA
208-00070
Stabilized Construction Entrance
2
EA
208-00205
Erosion Control Supervisor
75
HR
209-00100 Water (Landscaping)
210-00001
Reset Structure - Electric Gate and Control Box
210-WO10
Reset Mailbox Structure
210-00030
Reset Water Service
210-00050
Reset Fite Hydrant
210-00750
Reset Light Standard
210-01000
Reset Fence
Rev 10/20/07
3750 GAL
1 EA
I EA
3 EA
2 EA
2 EA
2492 LF
Section 00300 Page 3
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 619
WATERLINES — DIRECTION DRILLING 10" C-900 CERTA LOCK IN PLACE BELLS
Section 619 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 619.01 shall include the following:
This work includes installing a 10" PVC-C900 Certalock waterline across the Harmony and Shields
intersection avoiding conflicting existing utilities with minimal disruption to traffic flows. This work shall meet
the requirements of the current Fort Collins -Loveland Water District Standards. It shall be the Contractors
responsibility to purchase and familiarize themselves with these specifications.
The City of Fort Collins has potholed the existing utilities within the project limits and confirmed the location
of the underground utilities. This information is provided in the plans and profiles within the plan set. The
Contractor will be required to pothole all utilities prior to commencement of work to ensure the installation of
the new waterline does not interrupt service of buried utilities.
Delete subsection 619.02 and replace with the following:
All material shall meet the specifications and standards of the Fort Collins — Loveland Water District
must be approved by the District or project engineer prior to installation. The 10" PVC-C900
%Certalock pipe shall be bell and spicket restrained.
Subsection 619.03 shall include the following:
This work includes installing the 10"PVC-C900 Certalock pipe by means of directional drilling
(Option A) or by open. trench (Option B) as directed by the Engineer. The Contract will be awarded
using the directional drilling (Option A) method for this project. The open trench (Option B) method
is an alternate method for this project and is addressed on the Bid Schedule under Alternate 1.
Minimal traffic disruption is mandatory during the installation of this work. The Contractor must
coordinate all construction operations with the City of Fort Collins Traffic Operartions Department
and the Fort Collins -Loveland Water District.
Prior to construction the Contractor must provide a plan to the project engineer describing how they
will respond in the event an existing underground utility breaks while installing the waterline. It shall
be the Contractor's responsiblility to provide.a method of handling vehicle and pedestrian traffic that
has been pre -approved by the City of Fort Collins, the appropriate emergency services, and affected
utility companies.
The Fort Collins -Loveland Water District must be notified a minimum of 72 hours prior to
construction operations when an outage is necessary for connecting to existing lines.
Open trench operations will be required to be backfilled with flowable fill concrete up to the
proposed subgrade.
Subsection 619.04 shall include the following:
All work associated with installing the water lines that is NOT itemized in the bid tab shall be
considered incidental to the work and will not be paid for separately for both Option A and Option B.
68
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 619
WATERLINES — DIRECTION DRILLING 10" C-900 CERTA LOCK IN PLACE BELLS
This includes, but is not limited to excavating and backfilling, valve boxes, plugs, thrust blocks,
bedding materials, poly -wrap, chlorinating, pressure testing and all materials incidental to completing
the installation and connections to existing water lines.
Pay Item Pay Unit
10" PVC-C900 Certalock — Directional Drilling (OPTIONA) LF
Alternate 1: 10" PVC-C900 Certalock —Open Trench (OPTION B) LF
69
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 619
WATERLINES —1" IRRIGATION SERVICE
Section 619 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 619.01 shall include the following:
This work includes installing a 1 water service at the location provided on the plans and shall meet
the requirements of the current Fort Collins -Loveland Water District Standards. It shall be the
Contractors responsibility to purchase and familiarize themselves with these specifications.
The City of Fort Collins has potholed the existing utilities within the project limits and confirmed the
location of the underground utilities. This information is provided in the plans and profiles within the
plan set. The Contractor will be required to pothole all utilities prior to commencement of work to
ensure the installation of the new waterline does not interrupt service of buried utilities.
Delete subsection 619.02 and replace with the following:
All material shall meet the specifications and standards of the Fort Collins — Loveland Water. District
must be approved by the District or project engineer prior to installation.
Subsection 619.03 shall include the following:
The Contractor shall install the 1" irrigation service in accordance to the Fort Collins — Loveland
Water District Standards.
Subsection 619.04 shall include the following:
All labor, equipment, material, testing necessary to meet the stardards will be included the cost of the
work. All work associated with installing the water lines that is NOT itemized in the bid tab shall be
considered incidental to the work and will not be paid for separately. This includes, but is not limited
to excavating and backfilling, tapping into the existing waterline, flowable fill backfill, and all other
appurtnenances. This item will be .paid for as a lump sum. .
Pay Item Pay Unit
Connect to Existing 16" COFC Waterline LS
70
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 619
WATERLINES — CONNECT TO EXISTING 16" COFC WATERLINE
Section 619 of the Standard Specifications is hereby revised for this project to include the following:
Subsection 619.01 shall include the following:
This work consists of abandoning a 4" FCLWD line service (Faith Evangelical Free Church at 4036
South Shields) and tying into the existing 16" City of Fort Collins watermain. The Contractor will be
required to follow the City of Fort Collins Water Utilities standards for what is not indicated on the
plans. It shall be the Contractors responsibility to purchase and familiarize themselves with these
specifications.
The City of Fort Collins has potholed the existing utilities within the project limits and confirmed the
location of the underground utilities. This information is provided in the plans and profiles within the
plan set. The Contractor will be required to pothole all utilities prior to commencement of work to
ensure the installation of the new waterline does not interrupt service of buried utilities.
Delete subsection 619.02 and replace with the following:
All material shall conform to City of Fort Collins Water Department and include 16' x 4" saddle and
tapping valve, 4" gate valve, and various sleeves to tie into the existing 4" line. All material shall
meet the specifications and standards of the City of Fort Collins Water Utilities and must be
approved by the City or project engineer prior to installation.
Subsection 619.03 shall include the following:
The contractor shall coordinate with the City of Fort Collins Water Department and the Fort Collins
Loveland Water District to allow seamless connection to the church's water service. The Contractor
shall coordinate with the church for outage. The Contractor shall follow plans for the tie in and
abondment procedures. The Contractor will be required to verify the existing water service pipe Outer
Diamter/Inner Diamter for correct material to join both pipes together before cutting service.
Subsection 619.04 shall include the following:
All labor, equipment, material, testing necessary to meet the stardards will be included the cost of the
work. All work associated with installing the water lines that is NOT itemized in the bid tab shall be
considered incidental to the work and will not be paid for separately. This includes, but is not limited
to excavating and backfilling, tapping into the existing waterline, corp, copper pipe, stop box, meter
pit, meter setter, flowable fill backfill, copper pigtail, and all other appurtnenances. This item will be
paid for as a lump sum.
Pay Item Pay Unit
1" Waterservice with Meter Pit LS
71
REVISION OF SECTION 620
FIELD FACILITIES
Section 620 of the Standard Specifications is hereby revised for this project as follows:
Subsection 620.01 shall be deleted in its entirety and replaced with the following:
The Contractor shall furnish a temporary field office for the owner and sanitary facilities separate
from the Contractor's facilities. The Contractor shall provide the location for the facility and
construction staging area subject to the owner's acceptance. The Contractor shall furnish, install and
maintain a temporary field office for the owner during the entire construction period, including
providing and paying for utility hook-up to include power and heating and cooling. These units are to
be maintained and cleaned at least weekly by the Contractor and removed when the project is
completed unless released earlier by the Engineer.
Subsection 620.02 shall be deleted in its entirety and replaced with the following:
620.02 Field Offices. Field Office shall be Class 2 and substantially conform to the requirements of
this section.
The field office shall be a minimum of 330 square feet in plan with a 90-inch or higher ceiling and
shall be of weathertight construction. Windows shall be placed on not fewer than two sides. At least
two latchable windows and one entrance door complete with cylinder lock and four keys shall be built
into the walls.
The Contractor shall provide and pay for the following furnishings:
Minimum of 4 electrical outlet boxes
2 Suitable office desks with drawers and locks
2 suitable office tables not less than 3'x5'
3 office chairs
2 waste baskets
1 supply cabinet with not less than 10 square feet of shelving
1 metal filing cabinet, 18" x 32" with 4 lockable drawers
Exterior Lighting and Entrance door
Automatic heating and air conditioning equipment to maintain comfort conditions of 70 F. Drinking
water dispensed with an acceptable cooling device
Toilet facilities
One (1) 10-inch outdoor type thermometer
Locking doors with two (2) sets of keys
The materials may be new or used, but must be serviceable, adequate for the required purpose, and
must not violate applicable codes or regulations.
In subsection 620.07 delete the third paragraph regarding telephone.
72
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 625
CONSTRUCTION SURVEYING
Section 625 of the Standard Specifications is hereby revised for this project as follows:
Subsection 625.01 is hereby revised to include the following:
The City of Fort Collins will provide all construction survey staking for the project. City Survey
Crews will perform the surveying required for the Harmony and Shields Intersection Improvement
Project No AQC M455-074 and the Harmony Road Improvements Project.
The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours prior
to needing any surveying.
If the requested survey cannot be accomplished in the time frame requested by the Contractor and it
will affect the critical path on the construction schedule, the City will utilize a Contract Surveyor at
the owner's expense.
Should a sudden change in the Contractor's operations or schedule require the survey personnel to
work overtime, the Contractor shall pay the additional overtime expense.
The Contractor shall specify the offsets required for each survey item. This information shall be
provided at the pre -construction meeting.
All survey staking destroyed by the Contractor, vandalism or by any other reason will be replaced at
the Contractor's expense. The Contractor's designated representative will be required to authorize
any requested re -staking or additional services at the time the services are completed. Services
designated as extra will be billed at an hourly rate per the prevailing rate schedule of the surveyor.
The Contractor shall be responsible for transferring the information from the construction staked to
any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and
other structures in accordance with the information on the stakes and grade sheets supplied by the
owner.
All existing survey monuments and property comer located outside of the project grading limits as
defined on the plans that are damaged or destroyed by the Contractor will be replaced at the
Contractor's expense.
The Contractor shall have supervision, knowledge of the project requirements and proper installation
and construction procedures, available in the field at all times that work is progressing.
All existing survey monuments and property corners located within the project grading limits which
are intended to remain in place and intact as defined on the plans shall be protected by the Contractor.
Where necessary monuments, property corners, and section corners will be adjusted or replaced by
the City for this project.
1. Control
Location of horizontal and vertical control points will be provided at approximately 1000-foot
intervals. Monuments will be set outside the limits of construction.
2. Easements and Right of Way
73
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 625
CONSTRUCTION SURVEYING
Temporary construction easements (TCE) and those portions of right of way between TCE's will
be staked at 100 foot intervals on tangents, PCs, 50 foot intervals on curves, angle points and
corner points.
3. Excavation and Embankment
a. One set of slope stakes at 50-foot intervals (stations) on each side of the proposed road
including intersections. Staking information to include cut/fill for
❑ "limit of cut" or "limit of fill" location
❑ decision point (ditch flowline or grade break)
❑ edge of pavement
❑ roadway centerline
b. One set of shoulder and/or curb stakes at 50-foot stations on each side of the road including
intersections.
c. One set of slope or shoulder stakes for the grading of each driveway and field access.
d. Ditch grades shall be defined by the slope staking described above.
1 Storm Drain
One set of offset stakes for each storm drain pipe and inlets.
2 Utility Crossing
One set of offset stakes for the utility conduit crossings.
3. Subgrade and Paving
a. One set of blue top subgrade stakes at 50-foot stations on tangents, PCs and PT's after
completion of the subgrade preparation. Stakes to be set at 25-foot stations for
.horizontal curves with radius less than 1,000 feet and at all vertical curves. Blue tops
will be set on centerline and the edge of pavement on both sides of the roadway. These
blue tops will remain in place to be used for the aggregate base course or paving
operations.
4. Signs
One set of stakes to locate each sign.
5. Delineators
No survey will be provided. The Contractor shall install delineators as specified in the plans.
6. Striping
City of Fort Collins will provide layout of all temporary pavement striping for the Contractor. .
7. Mailboxes, Newspaper Boxes and Address Posts
74
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF SECTION 625
CONSTRUCTION SURVEYING
No survey will be provided. The Contractor shall reset all mailboxes, newspaper boxes and address
posts per agreement with the property owner and approval by the Engineer.
Property Corners and Section Corners
Reset property corners located along the right of way and section corners within the project
grading limits.
75
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF 627
PAVEMENT MARKING
Section 627 of the Standard Specifications is hereby revised for this project as follows:
Subsection 627.01 shall include the following:
The City of Fort Collins will furnish and install all permanent pavement markings and signing for the
project. The Contractor is required to coordinate with the City for the completion of the work.
76
W. Harmony Road Improvement Project
Project Special Provisions
REVISION OF 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
The City of Fort Collins will furnish construction zone traffic control. City Traffic Operation Crews
will perform the traffic control required for the Harmony and Shields Intersection Improvement
Project No AQC M455-074 and the Harmony Road Improvements Project. The Contractor is
required to coordinate with the City for the completion of the work.
All requests for initial setup of the major project phases that follow the traffic phasing plan indicated
in the plans must be made 3 weeks prior to construction commencement. The Contractor shall allow
ten (10) days for advanced warning signs.
All requests for flaggers must be made and updated at the weekly progress meetings for the following
week.
All requests for minor traffic control set ups must be made 72 hours prior to construction operations.
Increased Traffic Control costs caused by delays assessed to the Contractor will be the responsibility of
the Contractor.
77
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020 Notice Inviting Bids
00100 Instruction to Bidders
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600 Bonds and Certificates
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release(Contractor)
00660 Consent of Surety
00670 Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700 General Conditions
Exhibit GC -A
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960 Application for Payment
Pages
00020-1 -00020-2
00100-1 - 00100-9
00300-1 - 00300-3
00400-1
00410-1 - 00410-2
00420-1 - 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 - 00610-2
00615-1 - 00615-2
00630-1
00635-1
00640-1
00650-1 - 00650-2
00660-1
00670-1 - 00670-2
00700-1 - 00700-34
GC -All - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-4
Rev 10/20/07 Section 00020 Page 2
Project: Harmony Road Improvements Project
Slx dltem
Estimated
Description
Unit Unit Cost Item Cost
Number
Quantity
210-0101 1
Reset Gate
I
EA
210-01730
Reset P:ushall Flume
I
EA
210-02900
Relay Riprap
880
CY
210-04000
Adjust Water Vault
I
EA
210-04010
Adjust Manhole
3
EA
210-04015
Mollify Manhole (Sta 18+71)
1
EA
210-04050
Adjust Valve Box
3
EA
212-00005 Native Seeding 1.96 ACRE
304-04000
Aggregate Base Course (Class 6) (4" Depth) - Driveways and 2' Wide Shoulder'
88
TON
304-06000
Aggregate Base Course (Class 6) (6" Depth)
11354
TON
307-00075 Fly Ash 2196 TON
Rev10/20/07 Section 00300 Page 4
W. Harmony Road Improvement Project
Project Special Provisions
TRAFFIC CONTROL PLAN — GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection
630.09.
The components of the TCP for this project are included in the following:
❑ City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic
Control Devices (U.S. Department of Transportation), or applicable statutory
requirements of authority having jurisdiction. Fort Collins Handbook takes precedence
over Manual of Uniform Traffic Control Devices.
❑ Section 630 of the specifications.
❑ Revision of Sections 100, 104, and 108 of these Project Specifications.
❑ Standard Plan S-63 0-1, Traffic Controls for Highway Construction, Case 11 and 18, and
Standard Plan S-630-2.
Signing and Striping Plans
Special Traffic Control Plan requirements for this project are as follows:
A. The City of Fort Collins Traffic Operations crews will provide all construction traffic control
for the project. The Contractor shall coordinate all construction phasing and construction
traffic control requests with the City crews. This project will be constructed in conjunction
with the Harmony Road Improvements Project. All work related to coordinating traffic
operations with the adjoining project must be approved by the City Traffic Engineer.
Submittals for major project phases shall be made at least three weeks before implementation
of any element of the plan. Adjustments to the approved plan may be required by the Owner
based on actual traffic operation.
B. No work interfering with traffic flow on Shields Street shall be permitted during the hours of
7:00 AM to 8:30 AM or from 3:30 PM to 5:30 PM unless authorized in writing by the Traffic
Engineer.
C. Road closures will follow the phasing plan provided in the construction documents and plans.
D. The Contractor shall maintain pedestrian and bicycle movements through the project site and
the surrounding trails. The Traffic Control plan shall address the method of handling these
movements.
E. The Contractor shall, at all times, provide for emergency vehicle access into and through the
construction site.
F. Keep traffic areas free of excavated material, construction equipment, pipe, and other
materials and equipment.
G. Keep fire hydrants and water control valves free from obstruction and available for use at all
times.
H. Conduct operations in a manner to avoid unnecessary interference with public and private
roads and drives.
78
W. Harmony Road Improvement Project
Project Special Provisions
TRAFFIC CONTROL PLAN — GENERAL
I. Provide and maintain continual temporary access for businesses and residences.
J. Roadway Usage Between Operations — At all times when work is not actually in progress,
Contractor shall make passable and shall open to traffic such portion s of the project and
temporary roadways or portions thereof as may be agreed upon between Contractor and
Owner and all authorities having jurisdiction over any properties involved.
K. The Contractor shall not have construction equipment or materials in the lanes open to
traffic at any time, unless directed.
L. The Contractor shall coordinate Traffic Control activities with the City of Fort Collins Traffic
Engineering and Electric Departments to assure that work activities by those departments are
coordinated with the Contractor's activities. At the least 48 hours notice is required.
M. The Contractor shall maintain 12'lanes throughout the project.
N. The Contractor shall provide a flagger for equipment, trucks, or other pertinent construction
equipment entering or leaving the construction area into traffic at all times.
79
W. Harmony Road Improvement Project
Project Special Provisions
UTILITIES
The following Utilities are known to be within the project limits:
Utility/Agency Contact Phone
Sanitary Sewer — City of Fort Collins Roger Buffington (970) 221-6854
Water — City of Fort Collins Roger Buffington (970) 221-6854
Fort Collins — Loveland Water District
Terry Farrill
(970)226-3104
(Water and Sewer)
Storm Water — City of Fort Collins
Glen Schlueter
(970) 224-6065
Electric — City of Fort Collins
Doug Martine
(970) 224-6152
Forester — City of Fort Collins
Ralph Zentz
(970) 221-6302
Lighting - City of Fort Collins
Janet McTague
(970) 221-6700
Telephone - Qwest
Bill Johnson
(970) 377-6451
Electric — Poudre Valley REA
Matt Organ
(970)229-5311
Gas — Xcel
Len Hildebrand
(970)225-7848
Cable — Comcast
Don Kapperman
(970)567-0245
Traffic Operations — City of Fort Collins
Ward Stanford
(970) 221-6820
Pleasant Valley & Lake Canal Co
Ed Wendel
(970)226-4795
The work described in these plans and specifications
will require full coordination
between the
Contractor and the Utility Companies, in accordance with Subsection 105.06 and while performing
their respective operations, so the utility work can be completed with minimum delays to all parties
concerned.
The following utility work shall be performed by the Contractor:
The Contractor shall be responsible for coordinating the adjustment of all utilities on this project and
scheduling the work to coincide with construction activities.
The Contractor shall keep each utility company advised of any work being done to their facilities by
the contractor's forces, so that each utility company can coordinate their inspections for final
acceptance with the Engineer.
Provide written notice to each utility company, with a copy to the Engineer, prior to any work by a
utility company that is to be coordinated with project construction. A minimum of three (3) calendar
weeks of prior notice is required. Contractor to obtain necessary permits form the City and utility
companies prior to starting construction activities.
If needed, or as directed by the Engineer, the Contractor shall provide traffic control for any utility
work to be coordinated with the project's construction, in accordance with an approved Method of
Handling Traffic
(MHT).
80
W. Harmony Road Improvement Project
Project Special Provisions
UTILITIES
The Contractor shall coordinate with the City of Fort Collins Water, when resetting valves, CP test
station, and adjustment of manhole.
The Contractor shall coordinate with the Fort Collins — Loveland Water District, when resetting
valves, CP test station, and adjustment of manhole.
The Contractor shall also coordinate with the City of Fort Collins Traffic Department regarding the
protection and adjustment of traffic signal equipment.
The following utility work shall be performed by the Utility Company or their agents:
Telephone — Qwest: Relocating and resetting pedestals and manholes
Cable — Comcast: Relocating and resetting pedestals and manholes
Lighting — City of Fort Collins: Relocate existing streetlights
Electric — City of Fort Collins: Relocate power poles, reset transformers, adjust manholes, and
relocate boxes
Electric — Poudre Valley REA: Relocate overhead power poles
Gas — Xcel: Relocate gas line and markers
Traffic Operations — City of Fort Collins: Resetting of traffic control boxes and signal relocations
General
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements"), when
excavation or grading is planned in the area of underground utility facilities. The Contractor shall
notify all affected utilities at least three (3) business days prior to commencing such operations.
Contact the Utility Notification Center of Colorado (UNCC) to have locations of UNCC-registered
lines marked by member companies. Call 1-800-922-1987 for locate requests outside the Denver
Metro area. All other underground facilities shall be located by contacting the respective company.
Utility service laterals shall also be located prior to beginning excavation or grading.
The locations of utility facilities, as shown on the plans and profile sheets and described herein, were
obtained from the best available information.
All costs incidental to the foregoing requirements will not be paid for separately, but shall be included
in the work.
81
CONSTRUCTION PLANS FOR
W. HARMONY ROAD IMPROVEMENTS
FROM APPROX. 500` EAST OF STARFLOWER DRIVE TO APPROX.
50` EAST OF SHIELDS STREET
AND
FROM APPROX. 50` WEST OF SHIELDS STREET TO SENECA STREET
FORT COLLINS, COLORADO
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CITY OF FORT COLLINS, COLORADO
ENGINEERING DIVISION
VICINITY MAP
APPROX. 1"=800'
BENCHMARKS:
BENCHMARKI:
CITY OF FORT COLLI NS BM# 1694, NORTHEAST CORNER OF THE
INTERSECTION OF WEST HARMONY ROAD AND SOUTH SHIELDS
STREET ON A CONCRETE TRAFFIC SIGNAL BASE. ELEV=5O84.52
(NGVD 2929 UNADJUSTED)
BENCHMARK 2:
3.Y. "ALUMINUM CAP IN MONUMENT BOX. STAMPED PIS 5028.
ELEV=5083.09 (NGVD 2929 UNADJUSTED)
INDEX OF SHEETS
SHEET NO. DESCRIPTION OF SHEETS
10
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CONTACTS:
CITY OF FORT COLLINS
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PAETEC COMMUNICATONR IM<LEO.)
BID SET
JANUARY 2009
CALL UPLI TY NOTIFICATION
CENTER OF COLORADO
811
C&L 2-WU5NES 0— IN ADVANCE
BEFORE Y Ow. TFADE. OR EECAVATE Ny:Hewena Rev=EDU EFINA CIRo uIN.-ON.
OR E NA -. OF ... ERrnwND I ACCORDANCE— ALL APPLICABLE CM OF FORT
YEUBER UBUTEa. r... ro arum COLLINS AND STATE OF COLORADO STANDARDS AND
e LiI FORTNE ACCURACY- ANDAOF Au DESIGN,
I.O.I AND RECORD coaD.Ioas--I MAYS NOTE.
ONT...E PLAN..
9 D BY: DRAVM BY:
ciEyof �oL � aoL W. HARMONY ROAD IMPROVEMENTS
Forte `-t` C�In ID", 4 ^R—�-�I COVER SHEET
1
OF. 6
GENERAL NOTES
1. ALL MATERIALS, WORKMANSHIP, AND CONSTRUCTION OF PUBLIC IMPROVEMENTS SHALL MEET OR EXCEED THE STANDARDS AND SPECIFICATIONS SET FORTH
IN ME LARIMER COUNTY URBAN AREA STREET STANDARDS AND APPLICABLE STATE AND FEDERAL REGULATIONS, WHERE THERE IS CONFLICT BETWEEN THESE
PLANS AND NE SPECIFICATIONS. OR ANY APPLICABLE STANDARDS, ME MOST RESTRICTIVE STANDARD SHALL APPLY. ALL WORK SHALL BE INSPECTED AND
APPROVED BY ME CITY OF FORT COLLINS.
2. ALL REFERENCES TO ANY PUBLISHED STANDARDS SHALL REFER TO ME LATEST REVISION OF SAID STANDARD, UNLESS SPECIFICALLY STATED OTHERWISE,
3. A SANITARY SEWER. STORM SEWER, AND WATER LINE CONSTRUCTION. AS WELL AS POWER AND OMER "DRY UTILITY INSTALLATIONS, SHALL CONFORM TO
THE CITY OF FORT COLLINS STANDARDS AND SPECIFICATIONS,
4. ME TYPE. SIZE, LOCATION AND NUMBER OF ALL KNOWN UNDERGROUND UTILITIES ARE APPROXIMATE MEN SHOWN ON THE DRAWINGS. IT SHALL BE ME
RESPONSIBILITY OF ME CONTRACTOR TO VERIFY THE EXISTENCE AND LOCATION OF ALL UNDERGROUND UTILITIES ALONG ME ROUTE OF THE WORK BEFORE
COMMENCING NEW CONSTRUCTION. ME CONTRACTOR SHALL BE RESPONSIBLE FOR UNKNOWN UNDERGROUND UTILITIES,
5, ME CONTRACTOR SHALL CONTACT ME UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT 811, AT LEAST 2 WORKING DAYS PRIOR TO BEGINNING
EXCAVATION OR GRADING, TO HAVE ALL REGISTERED UTILITY LOCATIONS MARKED. OMER UNREGISTERED UTILITY ENTITIES (I.E. DITCH / IRRIGATION COMPANY)
ARE TO BE LOCATED BY CONTACTING THE RESPECTIVE REPRESENTATIVE.UTILITY SERVICE LATERALS ARE ALSO TO BE LOCATED PRIOR TO BEGINNING
EXCAVATION OR GRADING, IT SHALL BE THE RESPONSIBILITY OF ME CONTRACTOR TO COORDINATE THE RELOCATION OF ALL EXISTING UTILITIES MAT CONFLICT
VAN ME PROPOSED IMPROVEMENTS SHOWN ON THESE PLANS.
6. ME CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL UTILITIES DURING CONSTRUCTION AND FOR COORDINATING WIN ME APPROPRIATE UTILITY
COMPANY FOR ANY UTILITY CROSSINGS REQUIRED.
2. IF A CONFLICT EXISTS BETWEEN EXISTING AND PROPOSED UTILITIES AND/OR A DESIGN MODIFICATION IS REWIRED. ME CONTRACTOR SHALL COORDINATE
VAN ME ENGINEER TO MODIFY ME DESIGN, DESIGN MODWICATION(S) MUST BE APPROVED BY ME CITY OF FORT COLLINS PRIOR TO BEGINNING
CONSTRUCTION.
B. ME CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION WIN ALL UTILITY COMPANIES INVOLVED. TO ASSURE NAT ME WORK IS ACCOMPLISHED IN A
TIMELY FASHION AND WIN A MINIMUM DISRUPTION OF SERVICE. ME CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING, IN ADVANCE, ALL PARTIES
AFFECTED BY ANY DISRUPTION OF ANY UTILITY SERVICE AS WELL AS ME UnUTY COMPANIES.
9. NO WORK MAY COMMENCE WININ ANY PUBUC STORM WATER, SANITARY SEWER OR POTABLE WATER SYSTEM UNTIL ME CONTRACTOR NOTIFIES ME UTILITY
PROVIDER. NOTIFICATION SHALL BE A MINIMUM OF 2 WORKING DAYS PRIOR TO COMMENCEMENT OF ANY WORK. AT ME DISCRETION OF ME WATER UnUTY
PROVIDER, A PRE -CONSTRUCTION MEETING MAY BE REQUIRED PRIOR TO COMMENCEMENT OF ANY WDRK. _
10. THE CONTRACTOR SHALL SEQUENCE INSTALLATION OF UTILITIES IN SUCH A MANNER AS TO MINIMIZE POTENTIAL UTILITY CONFLICTS, IN GENERAL, STORM
SEWER AND SANITARY SEWER SHOULD BE CONSTRUCTED PRIOR TO INSTALLATION OF ME WATER LINES AND DRY UTILITIES.
11. ME MINIMUM COVER OVER WATER LINES IS 5 FEET AND ME MAXIMUM COVER IS 6 FEET UNLESS OTHERWISE NOTED IN ME PLANS AND APPROVED BY
THE WATER UTILITY.
12. A STATE CONSTRUCTION DEWATERING WASTEWATER DISCHARGE PERMIT IS REQUIRED IF DEWATERING IS REQUIRED IN ORDER TO INSTALL UTILITIES OR
WATER IS DISCHARGED INTO A STORM SEWER, CHANNEL. IRRIGATION DITCH OR ANY WATERS OF ME UNITED STATES.
13. THE CONTRACTOR SHALL COMPLY WIN ALL TERMS AND CONDITIONS OF ME COLORADO PERMIT FOR STORM WATER DISCHARGE (CONTACT COLORADO
DEPARTMENT OF HEALTH. WATER QUALITY CONTROL DIVISION, (303) 692-3590), ME STORM WATER MANAGEMENT PLAN, AND THE EROSION CONTROL PLAN,
14. NO WORK MAY COMMENCE WITHIN ANY IMPROVED OR UNIMPROVED PUBLIC RIGHT-OF-WAY UNTIL A RIGHT-DF-WAY PERMIT OR DEVELOPMENT
CONSTRUCTION PERMIT IS OBTAINED FROM LARIMER COUNTY.
15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS FOR ALL APPLICABLE AGENCIES PRIOR TO COMMENCEMENT OF
CONS TRUCnO. ME CONTRACTOR SHALL NOTIFY ME CITY OF FORT COLLINS ENGINEERING INSPECTOR (FORT COLLINS - 221-6605) AND ME CITY OF FORT
COLUNS EROSON CONTROL INSPECTOR (FORT COLLINS - 221-6200) AT LEAST 2 WORKING DAYS PRIOR TO ME START OF ANY EARN DISTURBING ACTIVITY,
OR CONSTRUCTION ON ANY AND ALL PUBLIC IMPROVEMENTS.
16. PRIOR TO ME COMMENCEMENT OF ANY CONSTRUCTION, ME CONTRACTOR SHALL CONTACT ME LOCAL ENTITY FORESTER TO SCHEDULE A SITE INSPECTION
FOR ANY TREE REMOVAL REQUIRING A PERMIT.
IT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ASPECTS OF SAFETY INCLUDING, BUT NOT LIMITED TO. EXCAVATION, TRENCHING. SHORING. TRAFFIC
CONTROL, AND SECURITY. REFER TO OSHA PUBUCATION 2226, EXCAVATING AND TRENCHING.
18, PRIOR TO ME COMMENCEMENT OF ANY CONSTRUCTION NAT WILL AFFECT TRAFFIC SIGNS OF ANY TYPE, ME CONTRACTOR SHALL CONTACT ME CITY OF
FORT COLUNS TRAFFIC OPERATIONS DEPARTMENT, WHO WILL TEMPORARILY REMOVE OR RELOCATE ME SIGN AT NO COST TO ME CONTRACTOR; HOWEVER, IF
THE CONTRACTOR MOVES ME TRAFFIC SIGN MEN ME CONTRACTOR HILL BE CHARGED FOR ME LABOR, MATERIALS AND EQUIPMENT TO REINSTALL ME SIGN
AS NEEDED.
19. THE CONTRACTOR IS RESPON98LE FOR PROVIDING ALL LABOR AND MATERIALS NECESSARY FOR ME COMPLETION OF ME INTENDED IMPROVEMENTS,
SHOWN ON MESE DRAWINGS, OR DESIGNATED TO BE PROVIDED, INSTALLED, OR CONSTRUCTED. UNLESS SPECIFICALLY NOTED OTHERWISE.
20. DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TO BE SCALED FROM ANY DRAWING. IF PERTINENT DIMENSIONS ARE NOT SHOWN, CONTACT ME
DESIGNER FOR CLARIFICATION, AND ANNOTATE ME DIMENSION ON ME AS -BUILT RECORD DRAWINGS,
21. THE CONTRACTOR SHALL HAVE, ONSITE AT ALL TIMES. ONE (1) SIGNED COPY OF ME APPROVED PLANS, ONE (1) COPY OF ME APPROPRIATE STANDARDS
AND SPECIFICATIONS, AND A COPY OF ANY PERMITS AND EXTENSION AGREEMENTS NEEDED FOR ME JOB.
22. IF, DURING ME CONSRUCTION PROCESS. CONDITIONS ARE ENCOUNTERED WHICH COULD INDICATE A SITUATION THAT IS NOT IDENTIFIED IN ME PLANS OR
SPECIFICATIONS, ME CONTRACTOR SHALL CONTACT ME DESIGNER AND ME CITY OF FORT COLLINS ENGINEER IMMEDIATELY.
2}, ME CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING AS -BUILT INFORMATION ON A SET OF RECORD DRAWINGS KEPT ON ME CONSTRUCTION SITE,
AND AVAILABLE TO THE CITY OF FORT COLLIN'S INSPECTOR AT ALL TIMES, UPON COMPLETION OF ME WORK, ME CONTRACTOR(S) SHALL SUBMIT RECORD
DRAWINGS TO THE CITY OF FORT COLLINS ENGINEER.
24. ME LOCATION AND DESCRIPTION OF THE NEAREST SURVEY BENCHMARKS (2) FOR ME PROJECT AS.WELL AS THE BASIS OF BEARINGS ARE AS FOLLOWS:
BENCHMARK 1: CITY OF FORT COLLINS BMY 16-94, NORTHEAST CORNER OF THE INTERSECTION OF WEST HARMONY ROAD AND SCUM SHIELDS STREET ON A
CONCRETE MAFFIC SIGNAL BASE. ELEV=5084.52 (NGVD 2929 UNADJUSTED)
BENCHMARK 2: 3-14/' ALUMINUM CAP IN MONUMENT BOX. STAMPED PLS 5028. ELEV-5083.09 (NGVD 2929 UNADJUSTED)
25. ALL STATIONING IS BASED ON CENTERLINE OF ROADWAYS UNLESS OTHERWISE NOTED,
CITY OF FORT COLLINS, COLORADO City Of
FortC011inS
ENGINEERING DIVISION ll�
GENERAL NOTES (CONT.)
26. EXISTING CURB. CUTTER AND SIDEWALK, AS WELL AS EXISTING FENCES. TREES. STREETS, LANDSCAPING. STRUCTURES. AND IMPROVEMENTS DESTROYED,
DAMAGED OR REMOVED DUE TO CONSTRUCTION OF MIS PROJECT. SHALL BE REPLACED OR RESTORED IN LIKE KIND AT THE CONTRACTOR'S EXPENSE, UNLESS
OTHERWISE INDICATED ON THESE PLANS. PRIOR TO ME ACCEPTANCE OF COMPLETED IMPROVEMENTS.
27. WHEN AN EXISTING ASPHALT STREET MUST BE CUT, ME STREET MUST BE RESTORED TO A CONDITION EQUAL TO OR BETTER MAN ITS ORIGINAL
CONDITION. THE EXISTING STREET CONDITION SHALL BE DOCUMENTED BY ME CITY OF FORT COLLINS CONSTRUCTION INSPECTOR BEFORE ANY CUTS ARE MADE.
PATCHING SHALL BE DONE IN ACCORDANCE WN ME CITY OF FORT COLLINS STREET REPAIR STANDARDS. ME FINISHED PATCH SHALL BLEND IN SMOOTHLY
INTO ME EXISTING SURFACE. ALL LARGE PATCHES SHALL BE PAVED WITH AN ASPHALT LAY -DOWN MACHINE. IN STREETS WHERE MORE MAN ONE CUT IS
MADE. AN OVERLAY OF. ME ENTIRE STREET WON. INCLUDING THE PATCHED AREA, MAY BE REWIRED. ME DETERMINATION OF NEED FOR A COMPLETE
OVERLAY SHALL BE MADE BY ME CITY OF FORT COLLINS ENGINEER AND/OR ME CITY OF FORT COLLINS INSPECTOR AT ME TIME THE CUTS ARE MADE.
28, UPON COMPLETION OF CONSTRUCTION, THE SITE SHALL BE CLEANED AND RESTORED TO A CONDITION EQUAL TO, OR BETTER THAN, MAT WHICH EXISTED
BEFORE CONSTRUCTION, OR TO THE GRADES AND CONDITION AS REQUIRED BY THESE PLANS,
29. AFTER ACCEPTANCE BY THE CITY OF FORT COLLINS. PUBLIC IMPROVEMENTS DEPICTED IN THESE PLANS SHALL BE GUARANTEED TO BE FREE FROM
MATERIAL AND WORKMANSHIP DEFECTS FOR A MINIMUM PERIOD OF TWO YEARS FROM ME DATE OF ACCEPTANCE.
30. A PAVEMENT MIX DESIGN, SIGNED AND STAMPED BY A COLORADO LICENSED ENGINEER, MUST BE SUBMITTED TO ME JOB MIX ENGINEER FOR APPROVAL.
PRIOR TO PLACEMENT OF ANY ASPHALT.
31, WHERE PROPOSED PAVING ADJOINS EXISTING ASPHALT, ME EXISTING ASPHALT SHALL BE SAW CUT, A MINIMUM DISTANCE OF 12 INCHES FROM ME
EXISTING EDGE. TO CREATE A CLEAN CONSTRUCTION JOINT. ME CONTRACTOR SHALL BE REWIRED TO REMOVE EXISTING PAVEMENT TO A DISTANCE WHERE A
CLEAN CONSTRUCTION JOINT CAN BE MADE. WELL CUTS SHALL NOT BE ALLOWED. MERE SHALL BE NO SEPARATE PAYMENT FOR SAWCUTTING.
32. VALVE BOXES AND MANHDLES ARE TO BE BROUGHT UP TO GRADE AT ME TIME OF PAVEMENT PLACEMENT OR OVERLAY. VALVE BOX ADJUSTING RINGS
ARE NOT ALLOWED. -
33. A WATER TRUCK SHALL BE KEPT ON -SITE AT ALL TIMES DURING EARTHWORK ACTIVITIES FOR DUST ABATEMENT.
34. TEMPORARY EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL SUCH TIME AS ALL TRIBUTARY -DISTURBED AREAS ARE SUFFICIENTLY STABIUZED
IN ME OPINION OF THE CITY EROSION CONTROL INSPECTOR, TO MINIMIZE EROSION POTENTIAL.
35. WHEN TEMPORARY EROSION CONTROL MEASURES ARE REMOVED, ME CONTRACTOR SHALL BE RESPONSIBLE FOR ME CLEAN-UP AND REMOVAL OF ALL
SEDIMENT AND DEBRIS FROM ALL DRAINAGE AND OMER PUBLIC FACILITIES,
36. ME FOLLOWING SHALL DESIGNATE LIMITS OF TOPSOIL:
TOPSOIL - DENOTES AREAS FROM THE BACK OF WALK TO ME TOE OF SLOPE OR DISTURBED AREA BEHIND BACK OF WALK.
TOPSOIL SPECIAL (MEDIAN AND PARKWAY AREAS) - DENOTES AREAS BETWEEN ME CURB AND WALK (3- DEPM) AND ME
MEDIAN PLANTERS (APPROXIMATELY 48- DEEP)
32. ME TYPE OF COMPACTION FOR NIS PROJECT SHALL BE ASHTO T99
38. FOR PLAN QUANTITIES OF BITUMINOUS MATERIALS. THE FOLLOWING RATES OF APPLICATION WERE USED:
TACK COAT EMULSIFIED ASPHALT AT 0.10 GAL/SO YD (DILUTED)
(SLOW SETTING)
81 TUMINOUS PAVEMENT AT 110 LBS/50 YD/1 INCH
AGGREGATE BASE COURSE AT 110 LEIS/SO YU/1 INCH
39. SHOULDER DROP OFFS WALL BE GRADED TO A SLOPE OF 3:1 OR GREATER OVERNIGHT.
TREE PROTECTION NOTES:
I. EXISTING TREES MARKED FOR PROTECTION AND PRESERVATION SHALL NOT BE REMOVED.
2. HEAVY EQUIPMENT SHOULD NOT BE ALLOWED TO COMPACT OVER THE SOIL OVER THE ROOT ZONE OF EXISTING TREES.
3. AVOID CUTTING SURFACE ROOTS WHEREVER POSSIBLE. SIDEWALKS AND PAVING LEVELS SHOULD BE CONTOURED SUFFICIENTLY TO AVOID DAMAGE.
4. ROOT CUTS FROM EXCAVATION SHOULD BE DONE RAPIDLY. SMOOTH FLUSH CUTS SHOULD BE MADE. BACKALL BEFORE THE ROOTS HAVE A CHANCE TO
ORY OUT AND WATER THE TREE IMMEDIATELY.
5. PRIOR TO CONSTRUCTION. ALL PROTECTED TREES SHALL HAVE ORANGE PROTECTION BARRIER FENCING ERECTED, WHICH AS A MINIMUM ARE SUPPORTED BY
1' X I' OR SIMILAR STURDY STOCK, FOR SHIELDING OF PROTECTED TREES. NO CLOSER THAN SIX (6) FEET FROM THE TRUNK OR ONE HALF (1/2) OF THE
DRIP LINE, WHICH EVER IS GREATER. WITHIN THIS PROTECTION ZONE THERE SHALL BE NO MOVEMENT OF EQUIPMENT OR STORAGE OF EQUIPMENT, MATERIALS,
DEBRIS. FILL OR CUT UNLESS APPROVED BY THE CITY FORESTER.
6. ALL EXISTING TREES SHALL BE PRUNED TO THE CITY FORESTER'S 'MEDIUM PRUNE STANDARDS,
2. WITHIN THE DRIP LINE OF ANY PROTECTED EXISTING TREE, THERE SHALL BE NO CUT OR FILL OVER A FOUR -INCH DEPTH UNLESS A QUALIFIED AR80RIST
OR FORESTER HAS EVALUATED AND APPROVED THE DISTURBANCE.
8. DURING THE CONSTRUCTION STAGE OF DEVELOPMENT, THE APPLICANT SHALL PREVENT THE CLEANING OF EQUIPMENT OR MATERIAL OR THE STORAGE OR
DISPOSAL OF WASTE MATERIAL SUCH AS PANTS. OILS. SOLVENTS, ASPHALT, CONCRETE, MOTOR OIL OR ANY OTHER MATERIAL HARMFUL TO THE LIFE OF A
TREE, WITHIN THE DRIP LINE OF ANY PROTECTED TREE OR GROUP OF, TREES.
9. NO DAMAGING ATTACHMENT, WIRES, SIGNS OR PERMITS MAY BE FASTENED TO ANY PROTECTED TREE
W. HARMONY ROAD IMPROVEMENTS 2
GENERAL NOTES a61
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TABULATION OF STORM DRAIN SYSTEM
mmrc:aTUl�:itl//__
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RUN
i
It) STATION AND OFFSET DSTANCES ARE TO THE aE R OF KLE STRUCNRE.
,(� RIM ELEVATIONS AND OFFSElC—J-BE VERIFIEDPRgRTOLONSTRUG1gN. j
(]) ALL EJTiIVATpN. BEOOING. BACKFILL, COMPACKONS, .qWT ENCASEMEMS AND OTHER WCOEMAL REMS REDUIRED TD WSTALL WLE15, MANHOLES. PPE, ENO SEG1gNS AND RPRAP SHALL BE INCLUDED IN THE LOST OF ME REM.
(a) THE STAigN POW1 FOR THE 111E E END SECTgNS ARE TO ME MOPOM OF IME MULKPLE END BECKONS. '
I(6) b V MP LENGTH INLLUOES END SECTI ,
(e) }t5'RCP LENGTH WClUDES ENDSECRONS. �
I(7) THE STATON POWT FOR Id T TYPE R W A SUMP OONDRION G GNEN TO THE MIDPOINT OF THE STRUC , THE OFFSET M GNEN TO THE LURS FLOW LWE. AND THE RWI IS GNEN TO THE TOP OF CURB.
CITY OF FORT COLLINS, COLORADO
_ ENGINEERING DIVISION
W. HARMONY ROAD IMPROVEMENTS S'
TABULATION OF STORM SEWER AND PIPE 1 61
Project: Harmony Road Improvements Project
Spec/Item Estimated
Description Unit Unit Cost Item Cost
Number Quantity
307-00250 Processing Fly Ash Treated Suberade (12" Depth) 36606 SY
403-32821
Hot Mix Asphalt (Grading SG) (100) (PG 58-28) (6" Depth)
6417
TON
403-32821
Hot Mix Asphalt (Grading SG) (100) (PG 58-28) (7" Depth)
4358
TON
403-33851
Hot Mix Asphalt (Grading S) (100) (PG 64-28) (2" Depth)
4835
TON
412-00600
Concrete Pavement (6 Inch)
17
SY
412-01050
Concrete Pavement (10.5 Inch)
2654
SY
4 12-0 1061
Concrete Pavement (10.5 Inch) - Fast Track (24 Hour)
50
SY
412-01 100
Concrete Pavenx nt (I I Inch)
303
SY
506-00212 Riprap (12 Inch) 86 CY
603-01 155 15 Inch Reinforced Concrete Pipe (Complete In Place) 247 LF
Rev 10/20/07 Section 00300 Page 5
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- 12
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f1.MAw[s�l I vAR¢s I I I I • -
e CwPACRO R6w•OE/J I L 6' PA.Cu(xT YCTw (rro.)
nPE z (YC11w r) CN (s¢ NOR 1)
HARMONY ROAD TYPICAL SECTION #3
(STA 24+30 To STA 25+7S)
STA 25+75 TO STA 26+55
TRANSITION TO HARMONY ROAD TYPICAL SECTION 04
P•R Ar12'] 11. I— 2iEl mAHI ft 2 1— A2,ELI(L NRI e
; _ 1 M2. r
fi COP.x•oe
x6' r...-T c
i TwE z (Ycuw Tel i fi' PAY T YCRw (m.
TroE z fs[cnw mI) uc
NaR 1 (sE[ NOR 1)
HARMONY ROAD TYPICAL SECTION #4 6 1
(26+55 To 28+ 19)
STA 28+ 19 To STA 29+79
TRANSITION TO HARMONY ROAD TYPICAL SECTION #5
La' SwE rc
.O[
P[REwATFO OANDERDR.w
z (Yn1w w) cac
1 n,wxx Alx� zs -
T�Cn2ACxw.
KT[o axww•De
CITY OF FORT COLLINS, COLORADO
ENGINEERING DIVISION
Y
Ix Pv�iR�F6v Ax p ' R vEL v�
(2• ro pxE�; nEt� i TINRx�w YL;•; 16
� K ? J I
:0 wOwADE 26 P.-.C.T YCTgv (Tw.l i 2 (Ytnw wl CNC 26' PAVEUExT Ycnw
TnE : (Ycnw re) cxc fY[ xoR 11 (Y[ xoR 1)
HARMONY ROAD TYPICAL SECTION #5
(29+79 TO 31 +40)
STA 31 +40 TO STA 32+40
TRANSITION TO HARMONY ROAD TYPICAL SECTION #6
HARMONY ROAD TYPICAL SECTION #6
. (32+40 To 33+90)
STA 33+90 TO STA 34+70
TRANSITION TO HARMONY ROAD TYPICAL SECTION 07
g
s [E-A. CTT ca
LTw[e• cPIC- -ADE
2 (Ycnw pie) uD
NOTE.
1. wE 26' PAVEMENT
2' NUA
MC— — C—ST w NE FCL—N6'.
wAll s (IW) (PC 61-2e)
6' Nua
' ABC
OT—C SC (I. (PC 56-20)(2-J' URS)
6)
112PLY
(CLASS
ASN TREAED wBCRQE
2. ENE 27' PAVEMENT
YCT- $MALL CONYSr DE - POLLO-
2' xUA
w G S (I00) (PC 61-28)
7' NUA
6• Aec
MA C w (IM) (PC se-2e)(2-J 5' UER)
(cuss 6)
e'
pxE
1 ' 2
mATlAlEi
uEgAN
—v is
2M-2�eP [
90E.•lx
.
12 FLY ASN IRE•RD wBw•DE
x
` rNE x2.s' ca+wER Ycnw sNAu cwvsr a rNE
CLL
M-2S
4.A]—.A-
10.6 PwNANO CE.— --M (CLASS P)
rr
_
— —
P
—
13' FLY ASN TREATED wewADE
v
SAD[/
2
(YCIIbI
1
.. NE CDUPACFED wewADE xEEK0 BENEAN PAV K TS CAN
xe P•HUEx Ytnw (m .)
Y C nw (Tn.)
�CfiC
`
)
Tw(2 i"— w) .
PERCENT PAS-G ME 6-w[N SEVE. RACED w 6-ww W—UU
LOOSE LIFT$ AT 2 PERCENT BELO. D 2 PERCENT ABOVE wn.um
RE — T — CDUPACTED TO AT LEAST 95 PERCENT Cf
HARMONY ROAD
TYPICAL SECTION #7
sTTA2mARD PROCTCR UA— DRY —TY (ASN Dfi90).
(34+70 TO 36+70)
a cP•�¢o wewADE
STA 36+70 TO STA 36+90
TRANSITION TO HARMONY ROAD TYPICAL SECTION #8
J CIT 8 o.vAR I i Izoi V
&
i—ARIES 28 •J' R-E0A
� —( K6i ID' - J2' R-tt TA—L
____ - w0U1DE,I 1 2[�Ey__3un�ViES —pxE xMx�wv �2 _
2R_T.SR
A,NRE�•;N wB
ll/ PAVEMExi YCTgN (rn.) fi' CwPACTEO wAOE
TIPE 2 CP.uB) CYC J ) (SEL NOTE 1) — 2 (YCnw fiB) C.
A.0 P-1 6)
M A—1 wl OrtTro 1
HARMONY ROAD TYPICAL SECTION #8
(36+90 TO 37+53)
STA 37+53 TO STA 39+ 13
- TRANSITION TO HARMONY ROAD TYPICAL SECTION 09C.
rEyO£ s APPROVED BY: W. HARMONY ROAD IMPROVEMENTS
,;r rt Colons A JDL I A JOL
� B.—
N/A I A19/IS/OA I TYPICAL SECTIONS
12
DE
s?
+1I ��IIIv— s 2a5 .�3
NNRE "J NN , rP[ i (ffC,1p1 i01
TYPE (6 c11w e01 uc
ABc P..55 0
vveE2 ]3'@]6' FL-R
i0r1 (rm,l `4' CO x;CrtO fueGADE
R F1f, SEcr irPE 1 (ff<nM
HARMONY ROAD TYPICAL SECTION #9
(39+ 13 TO 39+60) 3
weES 110 3 130 E
E. S'A SiOfu.l.•
v.Ras
vA1ivt: —vAR25 15 e)
ES- 30'A C. PMXx.r—
SxpRDFA
KL 3 z
v RRS I EOKA (irn.J -
NMC 59E J NNRE' (,.v.)
3 (sscm01 AR) cec ISO xort IIr 5E
�OY06' 90Ex.1[ ,R.x9,.Y12 ro E.15nMG !' SCEu.Ot
3e' PA T ffC,10x (, PROPOSED 6' —1-1 TRII qNS TO E-0 30' PM.x.Y
(ME xo,1 II
HARMONY ROAD TYPICAL SECTION # 10
(39+60 To 40+60)
STA 40+60 TO STA 41 +50
TRANSITION TO HARMONY ROAD TYPICAL SECTION # 1 1
1zo': Ro+
v.Ras : L-n [. ![ vocxuX g RuoaNsrv°cnaN
1L.Ras ze'ro3' vL-[o. I,yy
'sNDu;DKmL�axE —runs--v"1 IJ .RD N[hw II3—.3s K BXE 3r. avuxx.r z-- v.luN.. m12 FL M1 — .x — 3 Sz m.Ki e — .3-Sx
SCDOK.3('w.> I @�X 61 visas m:.a DVIE
+s_ vise
Ij TYPE 3 ffc,1w uc e� _ - z'- I I I rx:>x r
Nk ( N �rE,, SEC— (1.) 1. ME . PAKUEN, SECRW SNALL —ST Or ME FOl10wNL. 3a `] NNRF — 3 (6 crOr b) uc ( I) < z LE sar...r I +I
.Bc (�� a :' "WA ERAD01L s (100) (PO 6.-x0) t'.cJ :r P.K c x
6" . ( A. se (1 W) (PG SB-xaHx-3" OFLS) nM (rm.) (SEC ie Y 1-1 lECnw (Tw.7 e' <OWA-D SUfiFA.Of
x P.Kuw m. Irn.l Is¢ x6rt x) [` 1 (ss[ xorz J) I
6- ABC (A .55 6) TYPE 3 (SCc,1M me) C!G
` iQE XOrz 11HARMONY ROAD TYPICAL SECTION # 1 1 1x• nY A. MfA¢D suew.DE �
(41 +50 To 42+83) x. ME n" P.KufuT sfcnw sNAu cwssr a r1a FauowNc.
!' as
n ) (P. 6.- ) HARMONY ROAD TYPICAL SECTION # 15 M
1 NUA GRADUIL S I 16 I 1 ;1
STA 42+83 TO STA 47+00 cRAmNc sc (1m)(vc se-zeHx-J.s'uFrs) � (58+SO To 58+75) — — J. v'Ra -_-
TRANSITION TO HARMONY ROAD TYPICAL SECTION # 12
Q
z
�v.WiEros 36�'-.J' n_COA—
E
SNOULffF �3�-1.' 13 -1.— Nas
.wC2 vvIRS uE
NNRE TYPE
- s_ __ / trPC i (XC,wN 10) uL
(1E1= A.)r-
36' J
.6(0..55 0)
P.Kuw E 1NDrzI,m.)
iu1)
_ �,YPE 3 (ff<nD�-- LrYPF Le vDEN.w N/
L �ff<nDxe� °�ErzD w6w.DE
33.3' CoxCRErz (ME'OX 31
,roC 3 ISEc,1w .01 uc (ffE xOrz `31r SEC
ixc=X w/ HARMONY ROAD TYPICAL SECTION # 13
ouP.<rzo .—ADE (50+8S To 53+50)
STA 53+50 TO STA 55+08
TRANSITION TO HARMONY ROAD TYPICAL SECTION # 14
5!
El
v.wEs Ira':-11YE
Te -R vWas (]0.5' -
PE..RxX1u.. 61 .3
—ix�3K`1x�A��KIv1.]5 () 3r,
PAKuw, ffCMx (rrv.l 3Y PAKuw, fft,gx (m.l 0' CPmxAcrzP ARW
(ME NOTE 3) I50[ Nort ]) ,vPf i (ffGnw e6) u4 0 .OE
TYPE 2 (M— 10) -D
HARMONY ROAD TYPICAL SECTION # 14
(55+08 TO 56+50)
12' RY ASH TREATED SOBORADE
]. ME 22.5" CONCRETE SECD01 51.ALL C019ST OF ME FOLLMBNL: a 31 05FD .-AP
10.5- PORTLAND MUENT CONCRETE (CLASS P) E� (57+g3 TO 58+75)
13 nY .SN HEATED ...-DE �. g
3_zEi:ssc,w-xBxII,w.—1
E —
($C xwrt �P.-. -.A�YP— .01 —
E. :�..�.� fx P.Rxx.r o. v F 100'-10i I RUP
3 ff-F
Nell VARES"° >3' R-R � 33'.1� 3RApE;rx __EFri1R--YP. YP_7
,NA
2r N rt :)r sscnax (rYP.l 3r P.Kufxr ffcna (^^J e" SEE... •/ °POffD q1°"•P
(ME xOrz i) e' CWP.IrzO 9N..OE I•wr
HARMONY ROAD TYPICAL SECTION # 12 NOTE,
ITSOR
D PERCENT
P.SBNO ME 6-INC x —. RACED W 6-NCN 11-1 LOOSE Li TS AT x
STA 48+75 TO STA 50+85 PERMN, BELDw iO 3 PER IT A OP-11 —TORE C"N , .ND
CO1 ACTED rO AT LEAST 95 PERCENT OF STANDARD PROCTOR IA,
UUI.
SEE HARMONY AND SHIELDS INTERSECTION PLANS DRY DwsrY (ASN D69R).
DATE
City of SCIED 0r:
CITY OF FORT COLLINS, COLORADO Fort Collins °`
SCA E:
ENGINEERING DIVISION •`��- N/n
TYPE 3 (ffCROrI vB) C6G E L O< n01
• EECv.mxOr Cx.w
HARMONY ROAD TYPICAL SECTION # 16
(58+75 TO 61 +25)
STA 61 +25 TO STA 62+ 15
TRANSITION TO HARMONY ROAD TYPICAL SECTION # 17 r..nnlNwel
W. HARMONY ROAD IMPROVEMENTS 13
TYPICAL SECTIONS °
I ROv
SIOEr.Ix —fit. R_R� 90Eev.0
T,a:VELT=.�z
e'rm+vrcrm vewntE r- P.W Cnov Irn.l 6. vrcN x 1
r 2 (s6cnoN re) c (SEE .DTEr 2, sE rwE caMP crto sueaADE
27PA ENT SECn (TI.I
(S.E NOTE 2)
HARMONY ROAD TYPICAL SECTION # 17
(62+ 15 To 63+42) -
STA 63+42 TO STA 65+06
TRANSITION TO HARMONY ROAD TYPICAL SECTION # 18
g
v.mEs Ia'-no'
�"�" I -n sc6vxALx
St i�Rxv. WL 12 4 .RxvAY
P9.�9 2r
T C[r [r n PAAFMEx a (T».) ISEEPxoT[ 2)r sEcnw fTm.l a' t0 $-
J r (4E xOTF x) TYPE 2 (SECTIONrB) CyOa—xrtMBf
HARMONY ROAD TYPICAL SECTION # 18
(65+06 TO 66+90)
WX
I. ME 2.' PA
2' "A W NG S (IN) (PG 61-20)
GRADNG sc (I.) (PG x-M)(- 'OPTS)
V Aec (MASS e)
12' fLr ASN TREATED wBDNADE
2. ME 22' PAWMENT UCNIN S CON95T a ME f 0WG:
x' NYA GRAgNL S (I.) (PG fix-28)
>• NA
.-NG u (I.) (PG sa-M)(2-5.5' uITS)
a' ABc (OAss 6)
2' nY ASN mEATED w6cRAx
`. ME CONCRETE SECKIN S CON56T Of ME
Ou0Yw0:
IDS' I -I AND CEMENT CWCISTE (ass P)
Ir rtY A' -All wea.DE
ME COYPACaD ...ADE NEEDED KNEAM PAW.ENTS CAN
DE NOR IE ON-9TE W SMILM W-9TE WLS IN IN
[RCENT 1AS9NL ME 6-v2CN SEW. PLAEED IN 8- WA..UM
LOOSE UFM AT 2 PERCENT BELOW TO 2 PERCENT M W -MUM
'EIS TIRE CONTExT AND COMPACTED W AT (FAST 95 PERCENT Ef
STANDARD PROCTOR MA9wUW DRY DENSITY (ASN NW).
Y ID'
W. HARMONY ROAD IMPROVEMENTS 1 CITY OF FORT COLLINS, COLORADO °t °lf/ JDL JOL 14
�r� vO���ll l� DATE: CNECNED BY: a
ENGINEERING DIVISION Lam! �N/A 112/15/08 IDA� _ I TYPICAL SECTIONS ( 61
ARAPAHOE FARM
TOWNHOMES
/ / r •••a+ \\ P.U.D.
.�
I.xertcr . ,�\\an
1 [ Ir»1.
AI
��'__ __- iron—
r.onc :.'ai'' � /l 'a m�.... ^'••••..— _ .osrsnar. wc. m esr. w.nrr.n sx.0 ei .mvnm e. n T. —I.' A-. TO co K ,na.nw w
i �ro Q rwr turns uwr a eo.cn ro mumx.rt ,00c.vox w ausnwr. Hole Ian) zir ,ems �r a ro.Lx. tw,.cr on v
umr u[ rm.l►-»�,�a Yuefe: ma nw w wrsnw rwo[. .m . us
--- _ ---- BErc,rarnm.1a 1.-1.t�Lart.srmmwe..rz
--- - --- ).bw»
,�.�,C � - --- _. -�� a. w r..«:u�e)»•w,sr.o.n
a,usnwr. rwxc leer) ui-nsr n
HARMONY RIDGE P.U.D. I U �01/1 I Y li _ _ nxvs)im�an io r cELa.nw w .o.usno•r. s rs w.0 rrrwum er vm Ewwr. canr.tr aL¢ wwc. ro coww¢
L ' °"ni'•" c•�Tv �c c m ^o[. Isml ii>-rw
_ YrPwan ..uQi
' O O voc ur)r�m�) THE INTERNATIONAL CHURCH cRwt'"•rz xELa.nw w .ousnuL rxaa: pro) ur syj—o n Hasa arw.nws cwr.cr ro urq srwwo
= OF THE FOURSQUARE GOSPEL um� nr Ncpxvau.a_
U cwr.cr On w rwr xs Hunt Exc.rEuxc ro co0mx.rt ma.nw w a.rs r. sx
' rK nr x,u•rox�ryrnos •xrwXtrrnrM o�BE art,•r.rm a wE� �s uo n` r[in w wowwawant V
E.--ILL OEPm nSPR.Ir RE.-ALrcarsmrcror u r• Wi m x ' • nn .—METT rSn.w r.r.0.,ps On a rwr tauxs
E-1. CORCREIE 90fw RE.0— re. w urtox us anov.L ..o/w .nwr vo ue mA rtn srs�in o m e rtnrwm er aM,s Eoxr.cr rtn.
nws (xvocm). cwucr re¢
EA51. rNEE ID BE REu0vE0 e.w.w m wnnurt ,Oa'veox w u.nrr[r.r. tun.[: Ini) aw-ems
® i RMEE„ BE PROrECIED
(sE<
4 `
I
REGENCY PARK REGENCY PARK ) F---�-l.v—) /"a1a.��
SECONDFILING CONDOMINIUMS i
ZWrz��—�� FORTCOLLINS SECOND
a,r. it .sin IcIyy Z ua �•[ AND HARMONY P.U.D.
I I • n I �I LL'O I � ail r'.cn i'i .w iis,tµr I sr. r..n ra.
' •--��� r • x I i 14 sr ` . nm i•im.0 a,�» � s xs - nn • rocs u �
TR¢
UA u�u � 1.1 —� m..mn .w.Orrr I ® c I-xart n1 _ I r I �Icv
u�—:f w.i+slq lmwortir_
-----------
_ +_____ __��..___—�s,[,'Ranrm U so
HARMONY ROAD----- —_ _'u� l m
x 1 v) s[n rw a•c. r r r. ��
•,��. lr ��---n7 j... _ itiw4— .� —� R4—r�—w<r oxaa — �- '°'arwillm xort r�l --- --------
w
W
DD n.PM1�.nr, uQ aIS;,� =aI'a
II i iaimw I W wcw �O I THERIDGEP.U.D. o�.x ara
I D. THE RIDGE P.U.D. W
a rc
f
City
o1-D Br: Danes r: RD,E r
CITY OF FORT COLLINS, COLORADO Fort JDL I JDL ZU W. HARMONY ROAD IMPROVEMENTS 15
ENGINEERING DIVISION � as h` , _s ' I e,;,,s,I REMOVAL & RELOCATE PLAN
J-------------1—
Z LIMITS OF CONSTRUCTION 1
C—— I (SEE HARMONY/SHIELDS
INTERSECTION IMPROVEMENTS
PLANS FOR CONTINUATION)
PINEVIEW P.U.D. I
m 11 na PHASE II
u.( — — —
PINEVIEW P.U.D----
PHASE 11
Imo• _ ,J �� i
• ..alx,. I ri.. e.wR (u nR`,i
[. q. [� I
mow-
g.,
-•"rrw
O�I [ma un
u srt�wa..
.BUTLER.
aT,..
WESTBURY P.U.D.
IST FILING
I
eRq.rpv q gAlirxwr. exO,�R; (f]ulsa[x6 � xi a rtaax,m er ary o rMr Cauxs [ur . ro,Ew. cwr.cr Orr a rMr caws wnr . ro,[..R NAax.rt
r. xtrto rt[[arn[ . re[e e¢tc.nws uo qusrxwrs 9uu a rtamep er ogsr. cwrcr V.[sr m .rt R . a quax[xr, nxa['. (pro) ]n-a.3,
e [ e ♦ qJ]S mx r mR T. r r . r r0
enou w q.]smxr, a,oxl:s(]o[I .]]W`0 a rtaw.en Br aawtax xwrgex su,r cancr aauxc.w xwrx[w Srr. R R..aoq ro wna..R
,t grt0 4s mougr,s wO qusawK sx.0 a rtvwm u .m wwcr, co, r.cr xm w[q. ro awax.rt eaauro. p q,usrwr, a.urt: (eml ]]S-rue
1 eSu .wtur,ws .rc q.Rawrs s,w [[ wswrtR ar aunt wands twr.cr .uo srurom rt rabmn.rt evtt.na a qusrxwr. n,prt: nql
c ro cmrdu¢ .nwnax a qus r. a, [: Ioml a]],, u»w� Br ary a q[, tnds a✓tt wdaaq [pr.cr ary a rdr cans a.mc
MLL L .aN a u[x a .r n( x.py.r/Sra[OS wRRs[CRa ro[Z Req.m B. VBr VwEgn UYl4xr er
' a[ va[ Rnr[s d o y wM ea.c.ew Krte( rnq[[� [rt[SK�i[xr R m es wrUxm ar t�K.R RM[Kr rprr rugs wqR; (am) ]M-sra
PxdO (wal ».�-OT[nws rt qus�xwR usu K -- n r.crtc ca.vq.nws fraiml ra,.[Kr [uR e.ww. m cao,o-urt e¢U.nw w wusrxwr.
CITY OF FORT COLLINS, COLORADO Cnyor
Fort Collins
_ ENGINEERING DIVISION
E[iST. NLL — •SPRKT RE.0—
EXISr. --ETE %E.— REROV.L
EXIST. MEE TO BE REMOVED
EXIST. TREE TO BE PROTECTED
® (SEE ROTE ])
s EXIST. STIJW TO BE REROs£D
---------------
x_i1EIIIIN€-
ro a • I } I
BROPHY
W. HARMONY ROAD IMPROVEMENTS I16
REMOVAL & RELOCATE PLAN �61
Project: Harmony Road Improvements Project
Spec/Item
Estimated
Description
Unit Unit Cost Item Cost
Number
Quantity
603-01 185
18 Inch Reinforced Concrete Pipe (Complete In Place)
41
LF
603-01245
24 Inch Reinforced Concrete Pipe (Complete In Place)
767
LF
603-01305
30 Inch Reinforced Concrete Pipe (Complete In Place)
193
LF
603-05015
15 Inch Reinforced Concrete End Section
10
EA
603-05018
18 Inch Reinforced Concrete End Section
I
EA
603-05024
24 Inch Reinforced Concrete End Section
2
EA
603-05030
30 Inch Reinforced Concrete End Section
I
EA
604-00305 Inlet Type C (5 Foot)
604-19310 Inlet Type R L 15 (10 Foot)
604-30004 Manhole Slab Base- (4 Foot)
604-30005 Manhole Slab Base (5 Foot)
605-00004 4 Inch Nun -Perforated Pipe Underdrain
I EA
I E:
2 EA
2 EA
365 LF
Rev10/20/07 Section 00300 Page 6
INTERSECTION IMPROVEMENTS
PLANS FOR CONTINUATION)
LARKS NEST PDP W �I
®` THEWOODLANDS < I [ O �II
THE WOODLANDS J> ] THEW OODLANDS
CONDOM INIUMSP.U.D. CONDOMINIUMS P.U.D. LOT I'1 G T:TRAC:TA i RG FILINGS
® ~, • • :, rs ows•/w�curvia rm lsl -- — — — — — — — — — -
- — —— — — — — — — — — — —
'� ,r � � • ��_ rAn ®® / �a s« »..ra ws .r rn sr. aa.or. n: ar a cw Irnti )� r rci.
wnl (a wa rn 1]W ® • 1 r[ luwo.. woo vY i
ua.a [. roc ryas I
�• FRONT RANGE
1y1 COMMUNITY COLLEGE ED51. cu[E DER1R —.1 RNO—
if Ew5[..eRxLL1 REx.9D
'I Z' rMER loll (er BmERS) Rs) & oeEFL.as (]le,]Je SE) (BY CDxlNccrW)
—1. CDxEAE- 9DEwxlx RE..Y- .
Eus1. TREE TO BE KE OAO
THEW ODLANDS
FILINGS
® TRACTA®
® nai. i..was nv cr lu_E a D.
14Q�� l
/FRONT RANGE nn. n.a:pu.]Ixr � LL
COMMUNTY COLLEGE
n ,
w. onirsl(m r¢[]r~
r--_----_
_ _-------.---
COVENTRY SUBDIVISION FILING 2
COVENTRY
FRONT RANGE
COMMUNITY COLLEGE
SUBDIVISIOSIO N
FILING 2
r cwm x.R .w r RTr
oxsrwcwr urn.
x0 51. row sv]s • D.RRc.[os www
S..l [niwc m¢i r0 eiv.w .'. Y lORCrm
x..E BC wU0Ex1LL r0 mE E.R M.aR aCR..nWS
0r<A Ea Rma.nOxs a [[xai W RS r05R uulBO¢s
w[ m0ragn R0. sxu[ a au0w0 ar n< bn a Tar cD.uxs
w w.a, r.artc0w Tura sxui a wsrwlm .r n< bew.x<.
LL]D wLL x0i BE RW Ea 5@.RxrElr.
uO wx.R iRue :x
r, nar<: (erol ]��reu
wass ow[R.sE xmaW nw w r, nror[: Is]o)
1raS aDRx
on w .car caws n.r
K xn sx.0 eE rtwaxm er xm umc..
i�rsuu a rorcaR]m er rRw]rc
]o cacao+. ra.wrwr w wwsr.axr,
CwnD... wac. ro <ooxwr.R xDOc.xbv w
aa.nai color .um irxrao ro moRw..R
oxba: lam)r»r0 uww� [xo<ww bnr cr
r. rxw[. ]N-»n. .OLLfwwR sx.LL a wr♦aw.y er rM[.. cw].cr n,¢. ro cEUM1r.rt ega.nrr
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Project: Harmony Road Improvemetits Project
Spec/Item Estimated
Description Unit Utut Cost Item Cost
Number Quantity
605-00040 4 Inch Perforated Pipe Underdrain 1800 LF
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608-00010 Concrete Curb Ramp
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608-10008 Sidewalk Drain (8' Curb Cut with Concrete Chase)
609-2001 1 Curb Type 2 (6" [carrier) (Section B)
609-21010 Curb and Gutter Type 2 (Section I-B)
609-21020 Curb and Gutter Type 2 (Section II-B)
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Rev10/20/07 Section 00300 Page 7
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W. HARMONY ROAD IMPROVEMENTS CITY OF FORT COLLINS, COLORADO art JDL JDL 32
FOFtC011111S lu lo.E a[acoer: lo.: I EROSION CONTROL PLAN
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IY.y�. rs YI �Iz Is oe ( I . PRIVATE IRRIGATION EXTENSION —PLAN & PROFILE 61
Project: Harmony Road Improvements Project
Spec/Item Estimated Description. Unit knit Cost Item Cost
Number Quantity
610-00030 Median Cover Material (4" Concrete.) 1485 SF
613-00200
2 Inch Electrical Conduit
613-00300
3 Inch Electrical Conduit
613-00400
4 Inch Elecu-ical Conduit
613-00600
6 Inch Electrical Conduit
619-xxxxx 12 Inch HDPE
619-xxxxx Tie to Existing 12 Inch HDPE
619-xxxxx 10" PVC-C900 Cerialoek - Directional Drilling (OPTION A j
619-xxxxx 4" PVC-C900
619-xxxxx 10" Ductile 452 Bend with Megalug
619-xxxxx 10" x 6" DuctilC TU
619-xxxxx 6" x 4" Ductile Reducer with Meealu-.
476 LF
110 LF
92 LF
52 LF
251
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2 EA
Rev10/20/07 Section 00300 Page 8
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WATERLINE NOT
1. THE MINIMUM COVER OVER WATER LINES IS 5—FEET AND THE MAXIMUM COVER IS 6—FEET UNLESS
OTHERMI5E NOTED IN THE PLANS AND APPROVED BY FORT COLLINS—LOVELAND WATER DISTRICT.
2. ALL WATER LINE CONSTRUCTION SHALL CONFORM TO THE FORT COLLINS—LOVELAND WATER DISTRICT
STANDARDS AND SPECIFICATIONS CURRENT TO THE DATE OF CONSTRUCTION.
3, THE PROPOSED 10" WATER LINE SHALL BE INSTALLED AND TESTED PRIOR.TO ABANDONING THE EX B'
LINE OR CONNECTING TO THE EX s' LINE
A. CONTRACTOR TO DISCONNECT WATER SERVICE TO FAITH EVANGELICAL FREE CHURCH (4036 S. SHIELDS
STREET) FROM FORT COLUNS—LOVELAND WATER DISTRICT 4—INCH WATER UNE APPROXIMATELY 2.900 FEET
NORM OF HARMONY —SHIELDS INTERSECTION. RE —CONNECT EX SERVICE LINE TO CITY OF FORT COLLINS
WATER MAIN. SEE DETAIL, SHEET 3B. '
5. CONTRACTOR TO COORDINATE YAM EFFECTED UTILITY COMPANIES PRIOR TO ME CONSTRUCTION OF ME
PROPOSED 10' WATER LINE.
FORT COLLINS - LO VELAND
%VA'I'ER DIS'I'RICI'
SOU'I'D FORT' COLLINS
SANI'1'A'I'ION DIS'I'RICI'
Mr.."i-0 D.U-11iu, Nunaµcr Dulc
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W. HARMONY ROAD UTILITY IMPROVEMENTS 37
WATER -PLAN & PROFILE DF 61
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ORT COLLINS-LOVELAND WATER DISTRICT SHE-N5150 SNEAD AVE, PORI COLUNS. COLORADO 80525 SNx4" PRV I OF I
OFFICE (970) 226-3104 FAX (920) 225-0186
CITY OF FORT COLLINS, COLORADO Gty of
ollins
ENGINEERING DIVISION �r�•��,`\
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UNDERGROUND UIIUTIES SHOWN ARE INDICATED ACCORDING TO
NORTH OF INTERSECTION E BEST INFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES
_• NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. CONTRACTOR TO
,¢^^ VERIFY EXISTING UTILITY LOCATIONS.
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CITY OF FORT COLLINS, COLORADO o"'yf �o� ao� W W. HARMONY ROAD IMPROVEMENTS
Fort Collins a «E 46
ENGINEERING DIVISION -T� ! I I CROSS SECTIONS °`
Project: Harmony Road Improvements Project
Spec/Item
Estimated
Description
Unit knit Cost Item Cost
Number
Qaantity
619-xxxxx
10" x 8" Ductile Reducer with Me2alug
1
EA
619-xxxxx
6" Gate Valve with Valve. Box and Megaluo
I
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619-xxxxx
10" Gate Valve with Valve.Box and Megalug
I
EA
619-xxxxx
4" Ductile 459 Bend with MegaluL,
4
EA
619-xxxxx
S" Ductile Solid Sleeve with Megalug
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619-xxxxx
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I
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619-xxxxx
Connect to Existing 16" COFC Waterline
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619-00002
1" Water Service with Meter Pit
I
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619-00007
Connect to Existing Waterline
3
EA
620-00001 Field Office
620-00020 Sanitary Facility
626-00000 Mobilization
Rev10/20/07 Section 00300 Page 9
I EA
2 EA
1 LS
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or W. HARMONY ROAD IMPROVEMENTS
CITY OF FORT COLLINS, COLORADO Foatyrt Collins JDL L JD49
ENGINEERING DIVISION �"�f� _ NA A,2/,s/DR I I DETAIL SHEET _ 61
STANDARD MA.NIIOLE COVER
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STANDARD PAVEMENT MARKINGS W/TURN LANE
CITY OF FORT COLLINS, COLORADO Qtyof Lsu 11 IDx..N� wmo D BY, W. HARMONY ROAD IMPROVEMENTS 50
Fort Collins DxT . W cNEDT Bra! a
ENGINEERING DIVISION � ��.�� NA__ 1 I2/I5/08 _ _ DETAIL SHEET 61
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Vf -'--IDI . _-' W. HARMONY ROAD IMPROVEMENTS
CITY OF FORT COLLINS, COLORADO Foc"rt Collins A DL JDL I 51
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CITY OF FORT COLLINS, COLORADO Cc'c °f JOL JDL
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PROPOSED A' CURB CUT (00 WITH 4' CONCRETE
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CITY OF FORT COLLINS, COLORADO City K� 1.JOL „ >r: W. HARMONY ROAD IMPROVEMENTS
Fort Collins w_:JDL -
Iz/15/0e _. DETAIL SHEET _ a 61
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CITY OF FORT COLLINS, COLORADO 55
Fort Collins I n� � �r�I Eel
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CONCRETE STANDAPD PLAN NO.
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DETAIL aaoor | �s1
Project: Harmony Road Improvements 11'roject
Spec/Item Estimated
Description Unit Unit Cost Item Cost
Number Quantity
TOTAL PROJECT COST (Harmony Road Improvements 1'roject) = $
Dollars
Cents
ALTERNATE 1:
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ENGINEERING DIVISION ����f�. I o Y
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-------------
LEGEND.._.................................._... ....-0.. _:. I.
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ARM
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APPROXIMATE QUANTITIES / • � .'.' i 5 1 I• p
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202 REMOVE TRAFnC SIGNAL ROLE, SPAN IRE IND HUGS
20t REMOVE Ex STING COARM N ROLUIR, CAOTWT AND FOUNDATION / L^• �-� :+ ��I.'.. '2-�_�:I�
2022 REMOVE TRAFETC AND PCOESTRUN SIGNAL HEAD - ` • wxP L�.b:l:t I�T:ty y=. .!�'=E�ltil
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61. iT SIGNAL CONTROLLER ((= P1 .. -L ` 11 1
61. E1C SILNAI CONTR(OLLER ( P,u ) -
61. CONTROLLER CA&NEi (((SJ3) I I'' I
61. CTRMFK SGNAL .STREETJ LIGHT POLE - SINGLE ART 25 FT. 1_
6,TRAEFIG SIGNAL - S . TREET —1 ROLE - SINGLE ART b IT:
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61. PUSH BUTTON �- 5 Pw,SE
6,. LOOP DETECTOR - RE - R 12-
61. VEnILE DEMcTW AMPLIFIER __-
61. L SHwG BEACON -
61. FLA — FIRE SIGWL
61. ETRO (LAN PANEL (CLASS 0) — �2 `7 E— r Tr
61. ELECTRICAL SERVICE UI1Utt = 9" I 2�
61. 1 USE SIGNS (SIGN PAN' 1
61. T E MUST TURN RIGHT SIGN (SIGN PANEL (CUSS 1)) J_ 0� --- DNLY G W
fiT. SIGNAL (SIGN PANEL (CUSS )) - �0
6T. RE STARON AHEAD (SIGN PANEL (CUSS 1)) I I I I o> ___
6,. VIDEO DETECTKIN UNIT _
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22 P VEMENT MAKINGS ( E UNES) (METRO) L-I L-2 HEAD
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FOUNDARON - PONE
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I
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TRAFFIC SIGNAL HEADS
UTILITY CONTACTS
FORT COLONS 1RYTIC
FORT COLUNs WAMR/WASMWAMR
DAN HOLLAND
TERRY ROBINSON
920 221-fi616
920 221-661I
FORT COLUNS ELECTRIC
xLEL ENERGY
ROGER VAN
TEN HLDE—AND
920 221-639.
920 225-26.2
DRE V UEY RURAL ELECRIC
oWSUNSPENCF
MR FIELDING
920 225-123.
870
tt WA EASTERN LARIYER CGWTER DISTRICT
CWGAST CABLE
CHARLE$ HANNAH
DENNIS UEENwALT
.]]-B.O1
920 b3-20ea
16
—AND STATE VIRIORStt
SOUTH FORT COLONS SANITATION DISTRICT
B4L HESS
TERRY FARRILL
920 .91-0162
920 226-3101
FOR COLUNS - L—AND WATER DISTRICT
TERRY FARRILL
920 226-3101
21 23 21 BSI
260 211
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HEAD
2, 10
CITY OF FORT COLLINS, COLORADO CIEyDfollln --DLH DLH W. HARMONY ROAD IMPROVEMENTS 61
TRAFFIC ENGINEERING DIVISION \-rt`�� I " lUr— B� TRAFFIC SIGNAL PLAN -HARMONY AT STARFLOWER I
1"=20• 72/15/OR _ 61
9. PRICES
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the
Bid or change quantities at his sole discretion without affecting the
Agreement or prices of any item so long as the deletion or change does
not exceed twenty-five percent (25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
CONTRACTOR
BY:
Signature
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
Date
Rev10/20/07 Section 00300 Page 1
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
Rev10/20/07 Section 00410 Page 1
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned _
as Principal, and as Surety, are hereby held and firmly bound unto the City of
Fort Collins, Colorado, as OWNER, in the sum of $ for the
payment of which, well and truly to be made, we hereby jointly and severally
bind ourselves, successors,.and assigns.
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and
hereby made a part hereof to enter into a Construction Agreement for the
construction of Fort Collins Project, •7004 West Harmony Road Improvements.
NOW THEREFORE,
(a). If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said
Bid, then this obligation shall be void; otherwise the same shall remain
in force and effect, it being expressly understood and agreed that the
liability of. the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
Bid; and said Surety does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in
the State of Colorado and be accepted by the OWNER.
Rev10/20/07 Section 00410 Page 2
SECTION 00020
INVITATION TO BID
Rev 10/20/07 Section 00020 Page 3
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of 20_, and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set
forth above.
Name:
Address:
By:
Title:
ATTEST:
By:
PRINCIPAL
SURETY
By.
Title.
(SEAL) (SEAL)
Rev 10/20/07 Section 00410 Page 3
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate attached sheets. The Bidder may submit any additional
information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business
under your present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each
contract and the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
N.
a
10
Have you ever failed to complete any Work awarded to you?
If so, where and why?
Have your ever defaulted on a contract?
If so, where and why?
Are you debarred by any government agency?
If yes list agency name.
Rev10/20/07 Section 00420 Page 1
11. List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and type of construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this
project:
14. Background and experience of the principal members of your organization,
including officers:
15. Credit available: $
16. Bank reference:
17. Will you, - upon request, fill out a detailed financial statement and
furnish any other information that may be required by the OWNER?
18. Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state? What
class, license and numbers?
19. Do you anticipate subcontracting Work under this
Contract?
If yes, what percent of total contract?
and to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
Rev10/20/07 Section 00420 Page 2
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications.
Dated at this day of , 20
Name of Bidder
By:
Title:
State of
County of
being duly sworn deposes and says that he
is of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained
are true and correct.
Subscribed and sworn to before me this day of , 20
Notary Public
My commission expires
M,
Rev10/20/07 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over l00 of the contract.
ITEM
0
SUBCONTRACTOR
Section 00430 Page 1
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF -AWARD
Date:
TO:
PROJECT: 7004 West Harmony Road Improvements
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an.Agreement for 7004 West Harmony Road Improvements.
The Price of your Agreement is
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of 'Award. Three (3) sets of the Drawings will be
delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15)
days of the date of this Notice of Award, that is by 20
1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER ,to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
By:
City of Fort Collins
OWNER
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
Section 00510 Page 1
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the year of 20
and shall be effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as the construction of the 7004 West
Harmony Road Improvements.
ARTICLE 2. ENGINEER
The Project has been designed by Interwest Consulting Group, who is
hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work.shall be Substantially Completed by July 20, 2009, the date
when the Contract Times commence to run as provided in the General Conditions
and completed and ready for Final Payment and Acceptance in accordance with
the General Conditions, on August 14, 2009.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving
in a legal 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 amounts set forth hereafter.
Section 00520 Page 1
1) Substantial Completion:
Two Thousand Three Hundred Sixty Three Dollars ($2,363.00) for each
calendar day or fraction thereof that expires after July 20, 2009
for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Five Hundred Dollars ($500.00) for
each calendar day or fraction thereof that expires after August 14,
2009 for Final Payment and Acceptance until the Work is ready for
Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as .follows: ($ ),
$ Dollars, in accordance with Section 00300, attached and incorporated
herein -by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for. Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's.Application for Payment as
recommended by ENGINEER, once each month during construction as. provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, progress payments will be in the
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
determine, or OWNER may withhold, in accordance with paragraph 14.7 of the
General Conditions. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 5% of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
completed in which case the remaining progress payments prior to Substantial
Completion will be in an amount equal to 100% of the Work completed. 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14.2 of the General Conditions) may be included in the application
for payment.
Section 00520 Page 2
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or -assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
Section 00520 Page 3
SECTION 00020
INVITATION TO BID
Date: January 5, 2009
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock,
on January 30, 2009, for the West Harmony Road Improvements; BID NO. 7004. If
delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580,
Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that -have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for the construction of Bid 7004 West Harmony
Road Improvements. The contract documents provide for:
1. Reconstruction and.widening of approximately 1-mile of arterial
roadway.
2. Signal work, signing and striping, traffic control, and surveying are
by City forces.
3. Installation of approximately 1,300 LF of reinforced concrete pipe
storm sewer line ranging in size from 36" to 15".
4. Full roadway reconstruction (asphalt) with section of mill and inlay.
Total asphalt quantity is approximately 15,600 TONS. 5. Approximately
3000 SY of Concrete Paving (10.5 inch and 11 inch thick).
All Bids must be in accordance with the Contract Documents on file with The
City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado
80524.
Contract Documents will be available Monday, January 6th, 2009.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 1: 00 p.m., on Friday, January 16th, 2009, at 215 N. Mason, 1st
Floor, Community Room, Fort Collins.
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting.
The Contract Documents and Construction Drawings may be examined online at:
• City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp
Bids will be received as set forth in the Bidding Documents.
Rev 10/20/07 Section 00020 Page 1
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as
are referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are not
limited to, the following:
7.2.1Certificate of Substantial Completion
7.2.2Certificate of Final Acceptance
7.2.3Lien Waiver Releases
7.2.4Consent of Surety
7. 2. 5 Application for Exemption Certificate
7.2.6Application for Payment
Section 00520 Page 4
7.3 Drawings, consisting of a cover sheet and sheets numbered as
follows:
SHEET NO.
INDEX OF SHEETS
1
TITLE SHEET
2
STANDARD PLANS UST
3-5
GENERAL NOTES
6
TYPICAL SECTIONS
7-8
SUMMARY OF APPROXIMATE QUANTITIES
9
SUMMARY OF EARTHWORK QUANTITIES
10
TABULATION OF REMOVAL ITEMS, RESET & ADJUSTMENTS
11
TABULATION OF C&G, SIDEWALK & SURFACING QUANTITIES
12
TABULATION OF STORM SEWER AND PIPE
13
SURVEY CONTROL PLAN
14-15
EXPLORATORY BORING LOGS
16-18
SHIELDS REMOVAL PLANS
19
HARMONY —SHIELDS INTERSECTION REMOVAL PLAN
20-27
SHIELDS PLAN SHEETS
28-30
SHIELDS PROFILE SHEETS
31-32
SHIELDS MEDIAN PLAN SHEETS
33-34
SHIELDS MEDIAN PROFILE SHEETS
35-39
SHIELDS GRADING PLANS
40
HARMONY —SHIELDS INTERSECTION GRADING PLAN
41-47
SHIELDS EROSION CONTROL PLANS
48-50
STORMWATER MANAGEMENT PLANS
51-52
SHIELDS STORM SEWER PLAN & PROFILES
53-54
HARMONY —SHIELDS INTERSECTION CONCRETE JOINTING PLAN
55-58
SHIELDS CROSS SECTIONS
59-61
PHASING PLANS
WORK BY
OTHERS (FOR INFORMATION ONLY)
62-64
SHIELDS SIGNING & STRIPING PLANS
65-66
HARMONY —SHIELDS INTERSECTION SIGNAL PLANS
CDOT ROW PLANS (FOR INFORMATION ONLY)
(11 SHEETS)
HARMONY —SHIELDS INTERSECTION IMPROVEMENTS ROW PLANS
NEW AND REVISED STANDARD PLANS
S-627-1
PAVEMENT MARKINGS (5 SHEETS)
S-630-1
TRAFFIC CONTROLS FOR HIGHWAY CONSTRUCTION (12 SHEETS)
Section 00520 Page 5
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers to , inclusive.
7.5. The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the,General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions 'shall have the meanings indicated in the General
Conditions.
8.2. No assignment by a party.hereto of any rights under or interests in
the Contract. Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
Section 00520 Page 6
OWNER: CITY OF FORT COLLINS CONTRACTOR:
By:
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
By:
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices: Address for giving notices:
P. 0. Box 580
Fort Collins, CO 80522
LICENSE NO.:
Approved as to Form
Assistant City Attorney
Section 00520 Page 7
SECTION 00530
NOTICE TO PROCEED
Description of Work: 7004 West Harmony Road Improvements
To.
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of 20_
The dates for Substantial Completion and Final Acceptance shall be
20_ and 20_, respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of 20_.
CONTRACTOR:
By:
Title:
Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto
City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal
sum of in lawful money of
the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain•Agreement with the OWNER, dated the _ day of , 20_,
a copy of which is hereto attached and made a part hereof for the performance
of The City of Fort Collins project,7004 West Harmony Road Improvements.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said Agreement during the original term thereof, and any extensions thereof
which may be granted by the OWNER, with or without Notice to the Surety and
during the life of the guaranty period, and if the Principal shall satisfy all
claims and demands incurred under such Agreement, and shall fully indemnify
and save harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default then this
obligation shall be void; otherwise to remain in full force and effect.
Rev 10/20/07 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this _ day of , 20_
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
Rev10/20/07 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation)., hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred .to as "the .Surety", are held and firmly bound unto the
City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as "the OWNER", in the penal
sum of in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the _ day of , 20_,
a copy of which is hereto attached and made a part hereof for the performance
of The City of Fort Collins project, 7004 West Harmony Road Improvements.
NOW, THEREFORE, if the Principal shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor
in the prosecution of the Work provided for in such Agreement and any
authorized extension or modification thereof, including all amounts due for
materials, lubricants, repairs on machinery, equipment and tools, consumed,
rented or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work
whether by subcontractor or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
Rev10/20/07 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this _ day of , 20_.
IN PRESENCE OF: Principal
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
By:
(Title)
(Address)
Other Partners
Surety
By:
By:
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
Rev10/20/07 Section 00615 Page 2
The Work is expected to be commenced within the time as required by Section
2.3 of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills
and obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 50 of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services
to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of Fort Collins
By
James B. O'Neill, II, CPPO, FNIGP -
Purchasing & Risk Management Director
Rev 10/20/07 Section 00020 Page 2
SECTION 00.630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
Rev10/20/07 Section 00630 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
.(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7004 West Harmony Road
Improvements
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated.
By:
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
specified area of the project at 12:01 a.m., on The
responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
AUTHORIZED REPRESENTATIVE
REMARKS:
Rev10/20/07 Section 00635 Page 1
DATE
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
20_
You are hereby notified that on the day of , 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, 7004 West Harmony Road Improvements.
A check is attached hereto in the amount of $
as Final Payment for all Work done, subject to the terms of the Contract
Documents which are dated 20_.
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date: 20_.
Sincerely,
OWNER: Citv of Fort Collins
By:
Title:
ATTEST:
Title:
Rev10/20/07 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
PROJECT:7004 West Harmony Road Improvements
(CONTRACTOR)
1. The CONTRACTOR acknowledges having received payment, except retainage
from the OWNER for all work, labor, skill and material furnished,
delivered and performed by the CONTRACTOR for the OWNER or for anyone in
the construction, design, improvement, alteration, addition or repair of
the above described project.
2. In cbnsideration of such payment and other good and valuable.
consideration, the receipt and adequacy of which are hereby acknowledged,
the CONTRACTOR voluntarily waives all rights, claims and liens, including
but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270
a and b), stop notices, equitable liens and labor and material bond
rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished,
delivered or performed for the construction, design, improvement,
alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or. control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land
improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered
or performed by the CONTRACTOR or its agents, employees, and servants, or
by and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project
or any funds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender,
if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
employees, servants, agents or assigns against the project or against the
OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
Revco/20/07 Section 00650 Page 1
5. The parties acknowledge that the description of the project set forth
above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this
ATTEST:
Secretary
day of , 20
CONTRACTOR
By:
Title:
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
2 0_, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
Rev10/20/07 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: 7004 West Harmony Road Improvements
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact.
Rev10/20/07 Section 00660 Page 1
SECTION 00670
DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(XIX)
lei
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials
for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and
materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road,
street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by
law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor
to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registration/Account No. (to be assigned by DOR)
Period
0170-750 (999) $0.00
89 -
CONTRACTOR INFORMATION' ,
Trade name/DBA:
Owner, partner, or corporate name:
Mailing address (City, State, Zip):
Contact Person
E-Mail address:
Federal Employer's Identification Number:
Bid amount for your contract:
Fax Number:
)
Business telephone number:
Colorado withholding tax account number:
Copies of contract or agreement pages (1) identifying the contracting parties
EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached.
Name of exempt organization (as shown on contract):
Exempt organization's number:
98 -
Address of exempt organization (City, State, Zip):
Principal contact at exempt organization:
Principal contact's telephone number:
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date:
completion date:
I declare under penalty of perjury in the second degree that the statements made in this application are
true and complete to the best of my knowledge.
Signature of owner, partner or corporate officer:
Title of corporate officer:
Date:
DO NOT WRITE BELOW THIS LINE
Special Notice
Contractors who have completed this application in the past, please note the following changes in
procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime
contractors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor
involved in the project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates
that the prime contractor issued to subcontractors should be kept at the prime contractor's place of
business for a minimum of three years and be available for inspection in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any
applications submitted for future projects. This should be your permanent number. For instance, if
you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on
the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT
enter what you believe to be the next in sequence as this may delay processing of your application.
SECTION 00700
GENERAL CONDITIONS
SECTION 00100
INSTRUCTIONS TO BIDDERS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number & Title
TABLE OF CONTENTS OF GENERAL CONDITIONS
Page . Article or Paragraph
Number Number & Title
DEFIlNITIONS......................................................1
1.1
Addenda.............................................1
1.2
Agreement..........................................1
1.3
Application for Payment.......................1
1.4
Asbestos.............................................1
1.5
Bid.....................................................1
1.6
Bidding Documents ............................
J.
1.7
Bidding Requirements ........................„1
1.8
Bonds.................................................1
1.9
Change Order......................................1
1.10
Contract Documents
1.
1.11
Contract Price
1
1.12
Contract Times;1
1.13
CONTRACTOR ..................................
1
1.14
defective.............................................1
1.15
Drawings... .........................................
I
1.16
Effective Date of the Agreement,,,,,,,,,,,
1
1.17
ENGINEER........................................1
1.18
ENGINEER's Consultant
1
1.19
Field Order..........................................1
1.20
General Requirements ...................„....
2.
1.21
Hazardous Waste
2
1.22.a
Laws and Regulations;'Laws or
Regulations,,,,,,,,,,,,,,,, .................
2
1.22.b
Legal Holidays ......................„,
1.23
Liens..................................................2
1.24
Milestone .............................................
2
1.25
Notice &Award ..................................
2
1.26
Notice to Proceed .................................
2
i.27
OWNER ..............................................
2
1.28
Partial Utilization
2
1.29
PCBs..................................................2
1.30
Petroleum..............................
_2
1.31
Project................................................2
1.32.a
Radioactive Material ..............................
2
1.32.b
Regular Working Hours,,,,,,,,,,,,,,,,,,,,,,,
2
1.33
Resident Project Representative.............2
1.34
Samples..............................................2
1.35
Shop Drawings....................................2
1.36
Specifications ...................................„
2
1.37
Subcontractor.....................................2
1.38
Substantial Completion .......................2
1.39
Supplementary Conditions„„..............2
1.40
Supplier..............................................2
1.41
Underground Facilities,,,,,,,,,,,,,,,,,,,,,
2-3
1.42
Unit Price Work ...................................
3
1.43
Work ...................................................
3
1.44
Work Change Directive,,,,,,,,,,,,,,,,,,„...
3
1.45
Written Amendment
3
Page
Number
2. PRELIMINARY MATTERS ................................
3
2.1
Delivery of Bonds ,,,,,,,,,,,,,,,3
2.2
Copies of Documents ........................3
2.3
Commencement of Contract
Times; Notice to Proceed,,,,,,,,,,,,,,,
3
2.4
Starting the Work..........................
.3
2:5-2.7
Before Starting Construction;
CONTRACTORS Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurance ...................................
3-4
.2.8
Preconstruction Conference
4
2.9
Initially Acceptable Schedules ...........
4
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE..........................................4
3.1-3.2
Intent .............................................
4
3.3
Reference.to Standards and Speci-
fications of Technical Societies,
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives .....................................
5
3.5
Amending Contract Docunents.........
5
3.6
Supplementing Contract
Documents ...................................
5
3.7
Reuse o£ Documents
5
4. AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS,5
4.1
Availability of Lands,,,,,,,.....* ,,,,,,.
5-6
4.2
Subsurface and Physical
Conditions ....................................
6
4.2.1
Reports and Drawings......................6
4.2.2
Limited Reliance by CONTRAC-
TORAuthorized; Technical
Data.............................................6
4.2.3
Notice of Differing Subsurface
or Physical Conditions
6
4.2.4
ENGINEERS Review ........................
6
4.2.5
Possible Contract Documents
Change.........................................6
4.2.6
Possible Price and Times
Adjustments ..............................
6-7
4.3
Physical Conditions --Underground
Facilities .......................................
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown or Indicated
7
4.4
Reference Points ................................
7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
4.5 Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material....................7-8
5. BONDS AND INSURANCE .................................
8
5.1-5.2
Performance, Payment and Other
Bonds..............................:................8
5.3
Licensed Sureties and Insurers;
Certificates of Insurance .....................
8
5.4
CONTRACTOR'S Liability
Insurance..........................................9
5.5
OWNER's Liability Insurance...............9
5.6
Property Insurance .... ......................
9-10
5.7
Boiler and Machinery or Addi-
tional Properly Insurance.................10
5.8
Notice of Cancellation Protision
10
5.9
CONTRACTOR s Responsibility
for Deductible Amounts ....................
10
5.10
Other Special Insurance., ....................
10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds and Insu-
ance; Option to Replace....................11
5.15
Partial Utilization --Property
Insurance........
11
6. CONTRACTOR'S RESPONSIBILITIES ...............11
6.1-6.2
Supervision and Superintendence .......
11
6.3-6.5
Labor, Materials and Equipment.,_
11-12
6.6
Progress Schedule..............................12
6.7
Substitutes and "Or -Equal" Items;
CONTRACT OR's. Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation .............
12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .........................13-14
6.12
Patent Fees and Royalties ............ ........14
6.13
Permits .............................................
14
6.14
Laws and Regulations ........................
14
6.15
Taxes ...........................................
14-15
6.16
Use of Premises
15
6.17
Site Cleanliness .................................
15
6.18
Safe Structural Loading.....................15
6.19
Record Documents.,..,._.....................15
6.20
Safety and Protection ....................
15-16
6.21
Safety Representative .....................
....16
6.22
Hazard Communication Programs......
16
6.23
Emergencies ............... :.....................
16
6.24
Shop Drawings and Samples..............16
6.25
Submittal Proceedures; CON-
TRACTOR'S Review Prior
to Shop Drawing or Sample
Submittal ....................................
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Documents..,....,...17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Submittals...................................17
6.29
Continuing the Work.....................17
6.30
CONTRACTOR'S General
Warranty and Guarantee ...............
17
6.31-6.33
Indemnification .....
....................
. 17-18
6.34
Survival of Obligations ...................
18
7. OTHER WORK.................................................18
7.1-7.3
Related Work at Site.......................18
7.4
Coordination.,..._...
18
8. OWNER'S RESPONSIBILITIES
IS
8.1
Communications to CON-
TRACTOR.................................18
8.2
Replacement of ENGINEER ............
is
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests
18-19
8.5
Insurance.......................................19
8.6
Change Orders„ .............................19
8.7
Inspections, Tests and
Approvals...................................19
8.8
Stop or Suspend Work;
Terminate CONTRACTOR's
Services......................................19
8.9
Limitations on OWNER'S
Responsibilities ..................... .
.... ..19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material
19
8.11
Evidence of Financel
Arrangements . .. . ... . . ...... . . ...........
. 19
9. ENGINEER'S STATUS DURING
CONSTRUCTION.............................................19
9.1
OWNER'S Representative ...............
19
9.2
Visits to Site..................................19
9.3
Project Representative ...............19-21
9.4
Clarifications and Interpre-
tations.........................................21
9.5
Authorized Variations in 1ibrk
21
EICDC GENERAL. CONDITIONS 1910.8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
9.6
Rejecting Defective Work...................21
13.8-13.9
Uncovering Work atENGI-
9.7-9.9
Shop Drawings, Change Orders
NEER's Request ......................27-28
and Payments...................................:21
13.10
OWNER May Stop the Work,..„.....28
9.10
Determinatims for Unit Prices
21-22
13.11
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work .•,••.„.••„•.............28
NEER as Initial Interpreter ...............
22
13.12
Correction Period ...........................28
9.13
Limitations on ENGINEER's
13.13
Acceptance of Defective Work .........
28
Authority and Responsibilities .....
22-23
13.14
OWNER May Correct Defective
Work
28-29
CHANGES IN THE WORK ........................................
23
10.1
OWNER's Ordered Change..............„23
14. PAYMENTS TO CONTRACTOR AND
16.2
Claim for Adjustment ........................23
COMPLETION
.............................. _...................
29
10.3
Work Not Required by Contract
14.1
Schedule of Values„ .............. •....
•.. • 29
Documents.....................................23
14.2
Application for Progress
10.4
Change Orders
23
Payment..._ ........... .....................29
10.5
Notification of Surety ..__.._.._...........23
14.3
CONTRACTOR'S Warranty of
Title
29
CHANGE OF CONTRACT PRICE••...........................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments .................
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion............
30
the Work
23-24
14.10
Partial Utilization
30-31
11.4
Cost of the Work...........................24-25
14.11
Final Inspection............................31
11.5
Exclusions to Cost of the Work ............
25
14.12
Final Application for Payment••
...... 31
11.6
CONTRACTOR's Fee.................„.„..25
14.13-14.14
Final Payment and Acceptance
....... 31
11.7
Cost Records
25-26
14.15
Waiver of Claims
31-32
11.8
Cash Allowances...............................26
11.9
Unit Price Work .................................
26
15. SUSPENSION OF WORK AND
TERMINATION
32
CHANGE OF CONTRACT TIMES ............................26
15.1
OWNER May Suspend Work ..........
32
12.1
Claim for Adjustment ....................••.
26
15.2-15.4
OWNER May Terminate................
32
12.2
Time of the Essence. ..........................
26
15.5
CONTRACTOR May Stop
12.3
Delays BeyondCONTRACTOR's
Work or Terminate ....... ..........
32-33
Control
26-27
12.4
Delays Beyond OWNF,R's and
16. DISPUTE RESOLUTION
..................................
33
CONTRACTOR's Control .................
27
17. MISCELLANEOUS
33
TESTS AND
INSPECTIONS; CORRECTION,
17.1
Giving Notice :•..............................
33
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times ...................
33
DEFECTIVE
WORK..................................................27
17.3
Notice of Claim ........... ...................
33
13.1
Notice of Defects...............................27
17.4
Cumulative Remedies
33
13.2
Access to the Work ......... ...........27
17.5
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included .............................33
CONTRACTOR'S Cooperation....,...,
27
17.6
Applicable State Laws ...............
33-34
13.4
OWNER's Responsibilities;
Intentionally left blank.......................................35
Independent Testing Laboratory..•...•27
13.5
CONTRACTOR'S
EXHIBIT GC -A:
(Optional)
Responsibilities...............................27
Dispute Resolution Agreement.....................
GC -AI
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration . .,...._. ........
GC -Al
tion, Testing or Approval .................
27
16.7
Mediation ................. I ..............
iv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance........................................5.14
defective Work............................10.4.1, 13.5, 13.13
final payment ........................................ 9.12, 14.15
insurance 5.14
................... ....................................... .
other. Work, by CONTRACTOR ..........................7.3
Substitutes and "Or -Equal" Items.,.... 6.7.1
...............
Work by OWNER.............................2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities..............................................4.1
site, related Work...............................................7.2
Work,..........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR............_.....................6.9.1, 9.13.3
ENGINEER .......................................... 6.20, 9.13.3
OWNER ................................................... 6.20, 8.9
Addenda --definition of (also see
definition of Specifications) ........ (1.6, 1.10, 6.19), 1.1
Additional Property Insurances ................................. 5.7
Adjustm ents--
Contract Price or Contract
Times ...........................1.5, 3.5, 4.1, 4.3.2, 4.5.2,
..................... I....... 4.5.3, 9.4, 9.5, 10.2-10.4,
.........................................11, 12, 14.8, 15.1
progress schedule.............. ................................. 6.6
Agreement --
definition of......................................................1.2
"All -Risk" Insurance, policy form............................5..6.2
Allowances, Cash....................................................11.8
Amending Contract Documents ................................ 3.5
Amendment, Written --
in general................1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2
..........................6.8.2, 6.19, 10.1, 10.4, 11.2
..... 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to .9 ..........................10, 9.11, 10.4, 16.2, 16.5
Application for Payment --
definition of......................................................1.3
ENGINEER's Responsibility 9.9
final payment ................. 9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment ..................................... 14.1-14.7
review of 14.4-14.7
Arbitration 16.1-16.6
...........................................
Asbestos --
claims pursuant thereto..........................4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ..... ,..... 4.5.2
definition of I.A
..........................................................
Article or Paragraph
Number
OWNER responsibility for.............................4.5.1,
8.10
possible price and times change ........................4.5:2
Authorized Variations in Work.........
3.6, 6.25, 6.27, 9.5
Availability of Lands..........................................4.1,
8.4
Award, Notice of --del" coed.......................................1.25
Before Starting Construction...... .. . .......................
2.5-2.8
Bid --definition of........................1.5
(1.1, 1.10, 2.3, 3.3,
....................... 4.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of
1.6(6.8.2)
Bidding Requirements --definition
of..........................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of....................................................5.14
additional bonds..................................10.5,
11.4.5.9
Cost of the Work..............................„.,...,.,.,..,11.5.4
definition of.......................................................1.8
delivery of...................................................2.1,
5.1
final Application for Payment .................14.12-14.14
general ......................................
1.10, 5.1-5.3, 5.13,
........................................9.13,
10.5, 14.7.6
Performance, Payment and Other ...__.......,..,.5.1-5.2
Bonds and Insurance --in general .. ..._
....... ....... ........_.5
Builder's risk "all-risk" policyform .........................5.6.2
Cancellation Provisions, Insurance .........
5-4.11, 5.8, 5.15
Cash Allowances....................................................11.8
Certificate of Substantial Completion .........
1.38, 6.30.2.3,
..................................................14.8,
14.10
Certificates of Inspection ...................9.13.4,
13.5, 14.12
Certificates of Insurance._... 17,
5.3, 5.4.11, 5.4.13,
.......................5.6.5, 5.8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances ..............................................
11.8
claim for price
adjustment............ 4.1, 4.2.6,
4.5, 5.15, 6.8.2, 9.4
...................9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
............. .....13.13,13.14,14.7,15.1,15.5
CONfRACTOR's fee .........................................
11.6
Cost of the Work
general...............................................11.4-11.7
Exclusions to......:........................................11.5
Cost Records.....................................................11.7
in general.............1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing..........................................11-3-2
Notification of Surety........................................10.5
Scope of ......... ......... .........
.........10.3-10.4
Testing and Inspection,
Uncovering the Work... I ..............................
13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work 11.9
...........................................
Article or Paragraph
Number
Value of Work..................................................11.3
Change in Contract Times --
Claim for times adjustment....._..4.1,
4.2.6, 4.5, 5.15,
............ 6.8.2, 9.4, 9.5, 9.11,
10.2, 10.5, 12.1,
............... 13.9, 13,13, 13.14, 14.7, 15.1, 15.5
Contractual time limits
......................................
12.2
Delays beyond CONTRACTOR's
control .........................................:...............
12.3
Delays beyond OWNER's and
CONTRACTOR'§ control ............................
12.4
Notification of surety .........................................10.5
Scope of change........................................10.3-10.4
Change Orders --
Acceptance of Defective Work .........
........... . .....13.13
Amending Contract Documents.,
.......... ...........3.5
Cash Allowances
11.8
Change of Contract Price.....................................I
I
Change of Contract Times...................................12
Changes in the Work .........
........ ._..... 10
CONTRACTOR's fee
11.6
Cost of the Work.......................................11.4-11.7
Cost Records....................................................11.7
definition of
1.9
emergencies .............. ...........................6.23
ENGINEER's responsibility.......
9.8, 10.4, 11.2, 12.1
execution of.....................................................10.4
Indemnifiction .........................6.12, 6.16, 6.31-6.33
Insurance, Bonds and.......................5.10,
5.13, 10.5
OWNER may terminate .........
.............. 15.2-15.4
OWNERon ............................
8.6, 10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities--............................4.3.2
Record Documents ............................
.. 6.19
Scope of Change.......................................10.3-10.4
Substitutes .... .........
._......., 6.7.3, 6.8.2
Unit Price Work
11.9
value of Work, covered by.................................11.3
Changes in the Work.................................................10
Notification of surety„ ... .................
...................10.5
OWNER'§ and CONTRACTOR's
responsibilities ......... ...................................10.4
Right to an adjustment......................................10.2
Scope of change........................................10-3-10.4
Claims --
against CONTRACTOR
.6.16
against ENGINEER ........................
I................. 6.32
against OWNER...............................................6.32
Change of Contract Price ...........................
9.4, 11.2
Change of Contract Times ......
......... ... 9:4, 12.1
CONTRACTOR's.............4, 7.1,
9.4, 9.5, 9.11, 10.2,
...........................11.2, 11.9, 12.1, 13.9, 14.8,
............................................15.1,
15:5, 17.3
CONTRACTOR's Fee 11.6
........................................
Article or Paragraph
Number
CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31
Cost of the Work.......................................11.4,
11.5
Decisions on Disputes..............................9.11,
9.12
Dispute Resolution ........ ......... ................16.1
Dispute Resolution Agreement. ...............16.1-16:6
ENGINEER as initial interpretor .......................9.11
Lump Sum Pricing .........................................
11.3.2
Notice of .............................................................
17.3
OWNER's.- .................9.4, 9.5, 9.11,
10.2, 11.2, 11.9
........................ 12.1,13.9,13113,13.14,17.3
OWNER's liability ..............................................
5.5
OWNER may refuse to make payment
................14.7
Professional Fees and Court Costs
Included.....................................................17.5
request for formal decision on............................9.11
Substitute Items
6.7.1.2
Time Extension ...... .... .... ......... ...... .:......
............12.1
Time requirements....................................9.11,
12.1
Unit Price Work .,..,.._.
11.9.3
Value of .............................................................
11.3
Waiver of --on Final Payment .................
14.14, 14.15
Work Change Directive......................................10.2
written notice,required ......................9.11,
11.2, 12.1
Clarifications and Interpretations...........
3.6.3, 9.41 9.11
Clean Site............................................................
6.17
Codes of Technical Society, Organization
or Association ...................... ..........
... ..................
..... 3.3.3
Commencement of Contract Times ..........................2.3
Communications--
general..............................................6.2,
6.9.2, 8.1
Hazard Communication Programs .....................6.22
Completion --
Final Application for Payment .........................14.12
Final Inspection ....................
14.11
Final Payment and Acceptance...............14.13-14.14
Partial Utilization............................................14.10
Substantial Completion .......................1.38,
14.8-14.9
Waiver of Claims .............................................
14.15
Computation of Times...............................17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others ...................................................
6.8-6.11
Conferences --
initially acceptable schedules.... 11........................
2.9
preconstruction..................................................
2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report ..........................
2.5, 3.3.2
Construction, before starting by
CONTRACTOR ............................................
2.5-2.7
Construction Machinery, Equipment, etc, .................
6.4
Continuing the Work „
...........
,,.,, 6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds.............................................................
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances 11.8
................................................
Article or Paragraph
Number
Change of Contract Price ...........................
.......... 11
Change of Contract Times ...................................
12
Changes in the Work................................10.4-10.5
check and verify.,.., ........
2.5
Clarifications and
Interpretations .........................3.2, 3.6,
9.4, 9.11
definition of
1.10
ENGINEER as initial interpreter of ..................
9.11
ENGINEER as OWNER's representative.............9.1
general3
Insurance...........................................................5.3
Intent .........................................................
3.1-3.4
minor variations in the Work... ...........................
3.6
OWNER's responsibility to furnish data...............8.3
OWNER's responsibility to make
prompt payment ..........................8.3, 14.4,
14.13
precedence ............. ......... ................3.1,
3.3.3
Record Documents............................................6.19
Reference to Standards and Specifications
of Technical Societies...................................3.3
Related Work.....................................................7.2
Reporting and Resolving Discrepancies .........
2.5, 3.3
Reuse of.............................................................
3.7
Supplementing ..................................................
3.6
Termination of ENGINEER's Employment..........
8.2
Unit Price Work
11.9
variations .......................................... 3.6,
6.23, 6.27
Visits to Site, ENGINEERs................................
9.2
Contract Price --
adjustment of ................ 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof...........................................................11
Decision on Disputes........................................9.11
definition of .......................................................
1.11
Contract Times --
adjustment of ..........................3.5, 4.1, 9.4, 10.3, 12
Change of................................................12.1-12.4
Commencement of
2.3
definition of ....................................................
1.12
CONTRACTOR --
Acceptance of Insurance ..................................
5.14
Communications......................................6.2,
6.9.2
Continue Work ........................................
6.29, 10.4
coordination and scheduling............................6.92
definition of
1.13
Limited Reliance on Technical
Data Authorized.....................:........_..........4.2.2
May Stop Work or Terminate............................15.5
provide site access to others..,,.,.,, .....
7.2, 13.2
Safety and Protection..,,..,,..,. 4.3.1.2, 6.16, 6.18,
........... :.......................... 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal .........................................
6.25
Stop Work requirements .................. I...............4.5.2
CONTRACTOR's-
Article or Paragraph
Number
Compensation ................. .. .. ......... *.....
........
11.1-11.2
Continuing Obligation.....................................14.15
Defective Work ................................ 9.6, 13.10-13.14
Duty to correct defective Work ............... I .......
.._13.11
Duty to Report --
Changes in the Work caused by
Emergency...........................................
6.23
Defects in Work of Others.............................7.3
Differing conditions ...................
................
4.2.3
Discrepancy in Documents........ 2.5, 3.32,
6.14.2
Underground Facilities not indicated ...........
4.3.2
Emergencies................................................
..... 6.23
Equipment and Machinery Rental, Cost
of the Work...........................................11.4.5.3
Fee --Cost Plus..........................11.4.5.6, 11.5.1,
11.6
General Warranty and Guarantee .. ............
.....6.30
Hazard Communication Programs ............
.....6.22
Indemnification ........................6.12, 6.16, 6.31-6.33
Inspection of the Work„ .................................
7.3, 13.4
Labor, Materials and Equipment ....................6.3-6.5
Laws and Regulations, Compliance by..,...,...,,
6.14.1
Liability Insurance .............. .. ..............................
5.4
Notice of Intent to Appeal .........................9.10,
10.4
obligation to perform and complete
theWork.....................................I..............6.30
Patent Fees and Royalties, paid for by ................
6.12
Performance and Other Bonds .............................
5.1
Permits, obtained and paid for by. ......
.....0.13
Progress 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......................................6.8-6.11
Continuing the Work ..........................6.29,
10.4
CONTRACTOR's expense .........................„6.7.1
CONTRACTOR's General Warranty
and Guarantee.......................................6.30
CONTRACTOR'S review prior to Shop
Drawing or Sample submittal.................6.25
Coordination of Work................................6.9.2
Emergencies ...............................................
6.23
ENGINEER'S evaluation, Substitutes
or "Or -Equal" Items.............................6.7.3
For Acts and Omissions
of Others.............................6.9.1-6.9.2,
9.13
for deductible amounts, insurance.„.......„
....5.9
general........................................6, 7.2,
7.3, 8.9
Hazardous Communication Programs ...........
6.22
Indemnification .....................:.............
6.31-6.33
vii ESCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipment .............. 6.3-6.5
Laws and Regulations.................................6.14
Liability Insurance ........................................ 5.4
Article or Paragraph
Number
Notice of variation from Contract
Documents ...........................................
6.27
Patent Fees and Royalties .............................
6.12
Perm its........................................................
6.13
Progress Schedule .........................................
6.6
Record Documents ....:..................................
6.19
related Work performed prior to
ENGINEER's approval of required
subm ittals
6.28
safe structural loading.................................6.18
Safety and Protection ....................6.20, 7.2, 13.2
Safety Representative .............. ........ .... .
... .....6.21
Scheduling the Work .. ......... .........6.9.2
Shop Drawings and Samples .........
....... 6.24
Shop Drawings and Samples Review
by ENGINEER.....................................6.26
Site Cleanliness
6.17
Submittal Procedures ...................................
6.25
Substitute Construction Methods
and Procedures.....................................6.7.2
Substitutes: and "Or -Equal" Items................6.7.1
Superintendence ................. ......................6.2
Supervision ............................... ..................6.1
Survival of Obligations................................6.34
Taxes ...........................................................
6.15
Tests and Inspections........... I.......................13.5
ToReport ..........................................
Use of Premises ...............:.....6.16-6.18,
6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ........................................
6.25
Right to adjustment for changes in the Work ,....10.2
right to claim ............. 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
...,.,11.9,12.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection .................. 620-6.22,
72, 13.2
Safety Representative ....... ............................
...6.21
Shop Drawings and Samples Submittals .....
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 Superintendence ......... 16.1,
6.2, 6.21
Taxes, Payment by ...........................................
6.15
Use of Premises
6.16-6.18
Warranties and guarantees ..........................6.5,
6.30
Warranty of Title..............................................14.3
Written Notice Required --
CONTRACTOR stop Work or terminate ........
15.5
Reports of Differing Subsurface
and Physical Conditions .. .. ..... ....... 1......
4.23
Substantial Completion ................... I ............
viii
14.8
CONTRACTORS --other 7
........................................... ....
Contractual Liability Insurance..............................5.4.10
Contractual Time Limits 12.2
..........................................
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility .......................
6.9.2
Copies of Documents .......... ......... .........
....... 2.2
Correction Period ...................................................
13.12
Correction, Removal or Acceptance
of Defective Work--
in general...................................10.4.1,
13.10-13.14
Acceptance ofDefective Work ..........................13.13
Correction or Removal of
Defective Work.................................6.30,
13.11
Correction Period............................................13.12
OWNER May Correct Defective Work..............13.14
OWNER May Stop Work ............. ...............13.10
Cost --
of Tests and Inspections.....................................13.4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ......... I
......... I I.4.5.9
Cash Discounts ................................................
11.4.2
CONTRACTOR's Fee .............. .... .... .....
..... ......11.6
Employee Expenses......................................11.4.5.1
Exclusions to... ,. .... .
....11.5
General 11.4-11.5
Home office and overhead expenses ....................11.5
Losses and damages.....................................11.4.5.6
Materials and equipment ...........................
11.4.2
Minor expenses...........................................11.4.5.8
Payroll costs on changes.................................11.4.1
performed by Subcontractors ......... .............1.1.4.3
Records 11.7
Rentals of construction equipment
and machinery.......................................11.4.5.3
Royalty payments, permits and
license fees.........................................„.11.4.5.5
Site office and temporary facilities ................11.4.5.2
Special Consultants, CONTRACTOR's............
11.4.4
Supplemental ..............................
11.4.5
Taxes related to the Work............................1.1.4.5.4
Tests and Inspection .......... ... .............. ...............13.4
Trade Discounts ..............................................
11.4.2
Utilities, fuel and sanitary facilities..............11.4.5.7
Work after regular hours .......... I .... I.................11.4.1
Covering Work .... ............................................
13.6-13.7
Cumulative Remedies
17.4-17.5
Cutting, fitting and patching....................................7.2
Data, to be furnished by OWNER .............................
8.3
Day --definition of................................................17.2.2
Decisions on Disputes.....................................9.11,
9.12
defective --definition of .................. ......................
. 1.14
defective Work --
Acceptance of.......................................10.4.1,
13.13
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of......................10.4.1, 13.11
Correction Period 13.12
.............................................
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ....... ..... ..............
..... 9.2
OWNER May Stop Work ..................... ............
13.10
Prompt Notice of Defects ... ...... .......... _..............13.1
Rejecting...........................................................9.6
Uncovering the Work .......................................
13.8
Definitions
I
Delays _ ...................._... ......... 4.1, 6.29,
12.3-12.4
Delivery of Bonds .....................................................
2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Prices
..................................
9.10
Differing Subsurface or Physical Conditions--
Noticeof.........................................................4.2.3
ENGINEER's Review .......................................
4.2.4
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2, 6.14.2
Dispute Resolution—
Agreement. ...............................................
l 6.1-16.6
Arbitration ......................................:..........
16.1-16.5
general l6
Mediation ........................................................16.6
Dispute Resolution Agreement.........................1.6.1-16.6
Disputes, Decisions by ENGINEER ..................
9.11-9.12
Documents --
Copiesof...........................................................2.2
Record 6.19
Reuseof ... .. ........................................................3.7
Drawings --definition of ................... .... .................
.. . 1.15
Easements.............................................................4.1
Effective date of Agreem ent -- definition of..............1.16
Emergencies.........................................................6.23
ENGINEER --
as initial interpreter on disputes .................9.11-9.12
definition of .......................................................
1.17
Limitations on authority and responsibilities...._
9.13
Replacement of ..................................................
8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of
1.18
ENGINEER's--
authority and responsibility; limitations on .........9.13
th Authorized Variations in e Work
.......................
9.5
Change Orders, responsibility for ....... 9.7, 10, 11, 12
Clarifications and Interpretations ...............3.6.3,
9.4
Decisions on Disputes ............... I ...............
9.11-9.12
defective Work, notice of...................................13.1
Evaluation of Substitute Items
.............................
6.7.3
Liability...................................................6.32,
9.12
Notice Work is Acceptable..............................14.13
Observations........, ........ .............6.30.2,
9.2
OWNER's Representative ................. I .................. 9.1
Payments to the CONTRACTOR,
Responsibility for ......... ............................ 9.9, 14
Recommendation of Payment ....................14-4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on .............
... 9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions ......................
....... 4.2.4
Shop Drawings and Samples, review
responsibility .................. .............................
6.26
Status During Cmstruction--
authorized'variations in the Work
9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes .........................
9.11-9.12
Determinations on Unit Price ........................
9.10
ENGINEER as Initial Interpreter....,....
9.11-9.12
ENGINEER's Responsibilities
...9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities ..............................
9.13
OWNER's Representative....... ....
9.1
Project Representative .............
..9.3
Rejecting Defective Work.. ......................
9.6
Shop Drawings, Change Orders
and Payments....................................9.7-9.9
Visits to Site.................................................9.2
Unit Price determinations
9.10
Visits to Site.......................................................9.2
Written consent required ..............................
7.2, 9.1
Equipment, Labor, Materials and .........................
6.3-6.5
Equipment rental, Cost of the Work ..................
11.4.5.3
Equivalent Materials and Equipment .........................
error or omissions
....................................................
6.33
Evidence of Financial Arrangements .......................8.11
Explorations of physical conditions ........................4.2.1
Fee, CONTRACTOR's--Costs Plus ..............I............11.6
Field Order --
definition of .......................................................
1.19
issued by ENGINEER.. . .............................
3.6.1,9.5
Final Application for Payment...............................14.12
Final Inspection...................................................14.11
Final Payment --
and Acceptance......................................14.13-14.14
Prior to, for cash allo-mnces ..............................
11.8
General Provisions
17.3-17.4
General Requirements --
definition of .......................................................
1.20
principal references to....... .....2.6, 6.4, 6.6-6.7, 6.24
Giving Notice.........................................................17.1
Guarantee of Work --by CONTRACTOR.......,
6.30, 14.12
Hazard Communication Program s..........................
6.22
Hazardous Waste --
definition of .......................................................
1.21
general.............................................................
4.5
OWNER's responsibility for..............................8.10
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Indemnification..............................6.12,
6.16, 6.31-6.33
Initially Acceptable Schedules...................................2.9
Inspection --
Certificates of..............................9.13.4,
13.5, 14.12
Final.... ......... .........
.................... 14.11
Article or Paragraph
Number
Special, required byENGINEER .........................
9.6
Tests and Approval ............................. 8.7, 13.3-13.4
Insurance --
Acceptance of,, by OWNER ............. I ..................
5.14
Additional, required by changes
in the Work ............................................
11.4,5.9
Before starting the Work.....................................2.7
Bonds and --in general......... .........
.............5
Cancellation Provisions ......................................
. 5.8
Certificates of....................2.7, 5, 5.3, 5.4.11,
5.4.13,
........................5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations..............................5.4.13
CONTRACTOR's Liability.... ........
...........5.4
CONTRACTOR's objection to coverage .............
5.14
Contractual Liability......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility ................................................
5:9
Final Application for Payment .........................14.12
Licensed Insurers ......................:.........................
5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace .............................................
5.14
other special insurances....................................5.10
OWNER as fiduciary for insureds ...... .........
5.12-5.13
OWNER's Liability............................................5.5
OWNER's Responsibility...._..._................._._.....8.5
Partial Utilization, Property Insurance ..........
.... 5.15
Property.................................................... ..........
Receipt and Application of Insurance
Proceeds ...............................................
5.12-5.13
Special Insurance.: ...........................................
5.10
Waiver of Rig}tts.... ......... ......__.
........5.11
Intent of Contract Documents ................................
3.1-3.4
Interpretations and Clarifications .....................3.6.3,
9.4
Investigations of physical conditions ..........................4.2
Labor, Materials and Equipment..........................6.3-6.5
Lands --
and Easements ....................................................
8.4
Availability of .......................... :..................
4.11 8.4
Reports and Tests.........., .................................
8.4
Laws and Regulations --Laws or Regulations --
Bonds ..........................................................
5.1-5.2
Changes in the Work........................................10.4
Contract Documents ..........................................
3.1
CONTRACTOR's Responsibilities .....................6.14
Correction Period, defective Work....................13.12
Cost of the Work, taxes ......... ................
11.4.5.4
definition of
.......................................................
1.22
general6.14
Indemnification .................................. ......
x
6.31-6.33
Insurance...........................................................5.3
Precedence................................................3.1, 3.3.3
Reference to 3.3.1
................................................
Safety and Protection................................6.20, 13.2
Subcontractors, Suppliers and Others ....... ,..,6.8-6.11
Article or Paragraph
Number
Tests and Inspections ............ ........... ,,..........
13.5
Use of Premises..........
6.16
Visits to Site ........................................................
9.2
Liability Insurance--
CONTRACTOR's...............................................
5.4
OWNER's
5.5
Licensed Sureties and Insurers .................................
5.3
Liens—
Application for Progress Payment ......................
14.2
CONTRACTOR's Warranty of Title...................114.3
Final Application for Payment .........................14.12
definition of .............. . . ...... ...............
. 1 23
Waiver of Claims .........
14.15
Limitations on ENGINEER's authority and
responsibilities ..................................................
9.13
Limited Reliance by CONTRACTOR
Authorized......................................................
4.2.2
Maintenance and Operating Manuals--
Final Application for Payment .........................14.12
Manuals (of others) --
Precedence .... , ... _.........................................
3. 3.3.1
Reference to in Contract Documents .................
3.3.1
Materials and equipment --
furnished by CONTRACTOR...... I .......................
6.3
not incorporated in Work...................................14.2
Materials or equipment --equivalent .......................
6.7
Mediation (Optional)..............................................16.7
Milestones --definition of........................................1.24
Miscellaneous --
Computation of Times.....................................17.2
Cumulative Remedies.....
17.4
Giving Notice....................................................17.1
Notice of Claim
17.3
Professional Fees and Court Costs Included........
17.5
Multi -prime contracts.................................................7
Not Shown or Indicated
4.3.2
Notice of --
Acceptability of Project ....... ..................... ........14.13
Award, definition of ...... ......... .............
1.25
Claim
17.3
Defects,13.1
Differing Subsurface or Physical Conditions.....,
4.2.3
Giving............................................................17.1
Tests and Inspections........................................13.3
Variation, Shop Drawing and Sample ................6.27
Notice to Proceed --
definition of.....................................................1.26
givingof ............ ............................................ I.. 2.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8,
1990 ed.) have the meanings assigned to them in the General Conditions.
The term "Bidder" means one who submits a Bid to OWNER, as distinct from
a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder"
means the lowest, qualified, responsible and responsive Bidder to whom
OWNER (on basis of OWNER's evaluation as -hereinafter provided) makes an
award. The term "Bidding Documents" includes. the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the
proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding
Documents may be examined at the locations identified in the Invitation
to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous
experience, previous commitments and evidence of authority, to conduct
business in the jurisdiction where the Project is located. Each Bid must
contain evidence of Bidder's qualification to do business, in the state
where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be
prepared on the form provided in.Section 00420.
Rev10/20/07 Section 00100 Page 1
Notification to Surety ......... ............................
......... j 0.5
Observations, by ENGINEER.........
.................. 6.30, 9.2
Occupancy of the Work ..................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR................6.9, 9.13
Open Peril policy form, Insurance ...........................5.6.2
Option to Replace ..................................................
5.14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
Other work 7
Overtime Work --prohibition of .................................
6.3
OWNER --
Acceptance of defective Work ..........................
13.13
appoint an ENGINEER. ......................................
8.2
as fiduciary...............................................5.12-5.13
Availability of Lands, responsibility .............
:...... _4.1
definition of .......................................................
127
data, furnish......................................................8.3
May Correct Defective Work...........................1.3.14
May refuse to make payment ..........................
14.7
May Stop the Work.........................................13.10
May Suspend Work,
Terminate ...........................8.8, 13.10,
15.1-15.4
Payment, make prompt.....................8.3, 14.4,
14.13
performance of other work .................................
7.1
permits and licenses, requirements...........,
6.13
purchased insurance requirements ...............5.6-5.10
OWNER's--
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute.........
8.6, 10.4
Communications ..
...............................................
8.1
Coordination of the Work
....................................
7.4
Disputes, request for decision............................9.11
Inspections, tests and approvals..................8.7,
13.4
Liability Insurance..............................................5.5
Notice of Defects ...............................................
13.1
Representative --During Construction,
ENGINEER's Status ......................................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Orders..............................................8:6
Changes it! the Work...................................10.1
communications
8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements, ..............
8.11
inspections, tests and approvals ....................8.7
insurance .......................................................
8.5
lands and easements .....................................
8.4
prompt payment by ........................................
8.3
replacement of ENGINEER .........................
..8.2
reports and tests............................................8.4
stop or suspend Work..................8.8, 13.10,
15.1
terminate CONTRACTOR's
services..........................................8.8,
15.2
separate representative at site ............ 1.........
:....... 9.3
testing, independent........................................13.4
use or occupancy
of the Work ......................... 5.15, 6.30.2.4, 14.10
written consent or approval
required.........................................9.1, 6,3, 11.4
EJCDC GENERAL CONDITIONS 1910-S (1990 EDITIOM
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
written notice required ........................7.1,
9.4, 9.11,
... ......... I.......................11.2, 11.9, 14.7, 15.4
PCBs --
definitionof ............................... .......................1.29
general..............................................................4.5
OWNER's responsibility for................................8.10
Partial Utilization --
definition of...................................................._1.28
general6.30.2.4, 14.10
Property Insurance ............................................
5.15
Patent Fees and Royalties .... ................ .........
...........6.12
Payment Bonds .........
._...5.1-5.2
Payments, Recommendation of..............14.4-14.7,
14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments ......................14.2
CONTRACTOR's Warranty of Title ....................
14.3
Final Application for Payment .........................14.12
Final Inspection..............................................14.11
Final Payment and Acceptance ...............
14.13-14.14
general........................................................8.3,
14
Partial Utilization
14.10
Retainage..........................................................14.2
Review of Applications for
Progress Payments ............................
. ..1414-14.7
prompt payment..................................................8.3
Schedule of Values ............................................
14.1
Substantial Completion..............................1.4.8-14.9
Waiver of Claims .............................................
14.15
when payments due ................................
14.4, 14.13
withholding payment ......... .....................14.7
Performance Bonds ..... _............................
_........ :5.1-5.2
Permits ..............................................................
6.13
Petroleum --
definition of .......................................................
1.30
general..............................................................
4.5
OWNER's responsibility for...............................8.10
Physical Conditions --
Drawings of, in or relating to ........................4.2.1.2
ENGINEER's review.........................................
4.2.4
existing structures............................................4.2.2
general4.21.2..........................................................
Notice of Differing Subsurface or......................4.2.3
Possible Contract Documents Change...............4.2.5
Possible Price and Times Adjustments,,,,,,,,,,,,,
4.2.6
Reports and Drawings......................................42.1
Subsurface and....................................................4.2
Subsurface Conditions ....................................
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ............ ............4.2.2
Underground Facilities--
general.........................................................
4.3
Not Shown or Indicaed ................................
4.3.2
Protection of.........................................4.3,
6.20
Article or Paragraph
Number
Shown or Indicated
4.3.1
Technical Data .................................
4.2.2
Preconstruction Conference.......................................2.8
Preliminary Matters.....................................................2
Preliminary Schedules ..............................................
2.6
Premises, Use of .............................................
6.16-6.18
Price, Change of Contract..........................................I
I
Price, Contract --definition of., _.......................
1.11
Progress Payment, Applications for ..........................14.2
Progress Payment--retainage...................................
14.2
Progress schedule, CONTRACTORS .............
2.6, 2.8, 2.9,
........ *...................... 6.6, 6.29, 10.4; 15.2.1
Project --definition of...............................................1.31
Project Representative--
ENGINEER's Status During Co nstruction ............ 9.3
Project Representative, Resident= -definition of. .......... 1.33
prompt payment by OWNER .....................................
8.3
Property Insurance-- .
Additional.........................................................5.7
general5.6-5.10
Partial Utilization................................5.15,
14.10.2
receipt and application of proceeds.......
_.5 ,..12-5.13
Protection, Safety and ............... ....... .......
6.20-6.21, 13.2
Punch list ............................:..............................
14.11.
Radioactive Material--
defintion of.....................................................1.32.
general4.5
OWNER's responsibility for...............................8.10
Recommendation of Payment ................. 14.4, 145, 14.13
Record Documents .........................................
6.19, 14.12
Records, procedures for maintaining ...........................2.8
Reference Points ......................... .... ...........................
4.4
Reference to Standards and Specifications
of Technical Societies .........................................
3.3
Regulations, Laws and (or).. ....................................
6.14
Rejecting Defective Work..........................................9.6
Related Work --
at Site...............................................:........
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review.....................6.28
Remedies, cumulative......................................17.4,
17.5
Removal or Correction ofDefective Work................13.11
rental agreements; OWNER approval required..,_11.4.5.3
replacement of ENGINEER, by OWNER ......................
8.2
Reporting and Resolving
Discrepancies................................2.5,
3.3.2, 6.14.2
Reports --
and Drawings .................................................
4.2.1
and Tests, OWNER's responsibility .....................
A
Resident and Project Representative --
definition of....................................................1.33
provisionfor............................................................ 9.3
xii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's................6.2
Responsibilities—
CONTRACTOR's-in general, ................................. 6
ENGINEER's-in general........................................9
Limitations on .......................:......................
9.13
OWNER's-in general..............................................8
Retainage............................................................1.4
2
Reuse of Documents ..........................................
3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal .........................6.25
Review of Applications for
Progress Payments.....................................14.4-14.7
Right to an adjustment........................_..._....:........10.2
Rights of Way..........................................................4.1
Royalties, Patent Fees and......................................6.12
Safe Structural Loading..........................................6.18
Safety --
and Protection................................4.3.2,
6.16, 6.18,
.. ....... ..............6.20-6.21,
7.2, 13.2
general ....................................................
6.20-6.23
Representative, CONTRACTOR's......................6.21
Samples --
definition of......................................................1.34
general ....................................................
6.24-6.28
Review by CONTRACTOR................................6.25
Review by ENGINEER ..............................
6.26, 6.27
related Work ...............................................
6.28
.......
submittal of .........................................
6.24.2
... .........
submittal procedures.........................................6.25
Schedule of progress....._......................2.6,
2.8-2.9, 6.6,
..... ......... ................6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals .. ... ... ... ...................2.6,
2.8-2.9, 6.24-6.28
Schedule of Values..............................2.6,
2.8-2.9, 14.1
Schedules --
Adherence to..................................................15.2.1
Adjusting...........................................................
6.6
Change of Contract Times.................................10.4
Initially Acceptable.. ........ .........
......2.8, 2.9
Preliminary........................................................2.6
Scope of Changes.......................................10.3-10.4
Subsurface Conditions....................................„..4.2.1.1
Shop Drawings --
and Samples, general .........................
........ 6.24-6.28
Change Orders & Applications for
Payments, and.........................................9.7-9.9
definition of......................................................1.35
ENGINEER's approval of................................3.6.2
ENGINEER's responsibility
for review .....................................
9.7, 6.24-6.28
related Work .......................................
6.28
...............
review procedures ................... :.... ........2.8,
6.24-6.28
Article or Paragraph
Number
submittal required...............................................6.24.1
Submittal Procedures
6.25
use to approve substitutions ..............................
6.7.3
Shown or Indicated ................................................
4.3.1
Site Access......................................................7.2,
13.2
Site Cleanliness
6.17
Site, Visits to --
by ENGINEER...........................................9.2,
13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insuranoe
5.6.2
definition of.....................................................1.36
Specifications_
defination of ..........................._...:...................1.36
of Technical Societies, reference to...................3.3.1
precedence ................................ .........
....3.3.3
Standards and Specifications
of Technical Societies ........................................
3.3
Starting Construction, Before .................. I ............
2.5-2.8
Starting the Work........... „
....2.4
Stop or Suspend Work --
by CONTRACTOR...........................................155
by OWNER......................................8.8, 13.10,
15.1
Storage of materials and equipment .....................4.1,
7.2
Structural Loading, Safety........................................6.18
Subcontractor --
Concerning ................................................
6.8-6.11
definition of ......................................................
1.37
delays..............................................................12.3
waiver ofrights................................................6.11
Subcontractors --in general.................................6.8-6.11
Subcontracts --required provisions........ 5.11, 6.11,
11.4.3
Submittals—
Applications for Payment.................................14.2
Maintenance and Operation Manuals...............14.12
Procedures ........................................................
6.25
Progress Schedules......................................2.6,
2.9
Samples ...................................................
6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions......................................2.6,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of ......................................................
1.38
Substitute Construction Methods or Procedures ........
6.72
Substitutes and "Or Equal" Items .... I..........................6.7
CONTRACTOR's Expense. ...........................
6.7.1.3
ENGINEER's Evaluation .................................
6.7.3
"Or -Equal" ...................................................
6.7.1.1
Substitute Construction Methods
xiii EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures ..........................................
6.7.2
Substitute Items .............................................
6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relathg to ........................
4.2.1.2
ENGINEER's Review .......................................
4.2.4
general..............................................................4.2
Limited Reliance by CONTRACTOR
Authorized................................................4.2.2
Notice of Differing Subsurface or
Physical Conditions .........................................
4.2.3
Physical Conditions.......................................4.2.1.2
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments...
....... 4.2.6
Reports and Drawings ................. ... ..................4.2.1
Subsurface and .....................................................
4.2
Subsurface Conditions at the Site ...................4.2.1.1
Technical Data ..................................................
4.2.2
.
Supervision--
CONTRACTOWs responsibility ..........................6.1
OWNER shall not supervise................................8.9
ENGINEER shall not supervise .......... I.....
9.2, 9.13.2
Superintendence ....................... I ..............................
6.2
Superintendent, CONTRACTORsresident ...............6.2
Supplemental costs, ..............................................11.4.5
Supplementary Conditions—
defmition of:.....................................................1.39
principal references to .................. 1.10, 1.18, 2.2, 2.7,
.......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
.....5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents .........................3.6
Supplier --
definition of......................................................1.40
principal references to...........3.7, 6.5, 6.8-6.11,
6.20,
..........................................6.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety --
consent to final payment .......................14.12,
14.14
ENGINEER has no duty to .......... ..... . ......
. ...... ... 9-13
Notification of..................................10.1,
10.5, 15.2
qualification of ..
....,5.1-5.3
Survival of Obligations ...........................................
6.34
Suspend Work, OWNER May .......................13.10,
15.1
Suspension of Work and Termination-- ......................15
CONTRACTOR May Stop Work
or Terminate...............................................:15.5
OWNER May Suspend Work... _... .....................15.1
OWNER May Terminate.............................15.2-15.4
Taxes --Payment by CONTRACTOR ........................
6.15
Technical Data --
Limited Reliance by CONTRACTOR .................
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions....................................4.2.3
xiv
Temporary construction facilities.............................4.1
Article or Paragraph
Number
Term ination--
by CONTRACTOR...........................................15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment...............................8.2
Suspension of Work-in general .............................15
Terms and Adjectives ................. ......................
........ 3.4
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOR's responsibilities ......................13.5
cost of 13.4
covering Work prior to..............................13.6-13.7
Laws and Regulations(or) ...............................
13.5
Notice of Defects..., ..,,.13.1
OWNER May Stop Work .. ........ ............
........... 13.10
OWNER's independent testing ..........................13.4
special, required by ENGINEER ......................
9.6
timely notice required .......................................
13.4
Uncovering the Work, at ENGINEER's
request..................................................13.8-13.9
Times--
Adjusting..........................................................
6.6
Change of Contract.............................................12
Computation of.................................................17.2
Contract Tim es --definition of ..... ....................
..1.12
day.........................................................17.2.2
Milestones ........................................................
12
...
Requirements --
appeals.................................................
9.10, 16
clarifications,
claims and disputes................„9,11,
11.2, 12
Commencement of Contract Times
................ 2.3.
Preconstruction Conference .............................
2.8
schedules .........................................
2.6, 2.9, 6.6
Starting the Work.........................................2.4
Title, Warranty of. .......................... I .......................
14.3
Uncovering Work............................................13.8-13.9
Underground Facilities, Physical Conditions--
definition of ... ........... ......................................
1.41
Not Shown or Indicated ...................................
4.3.2
protection of ............... ......... ..........4.3,
6.20
Shown or Indicated ..........................................
4.3.1
Unit Price Work--
claims.........................................................1,1.9.3
definition of....................................................1.42
general11.9, 14.1, 14.5
Unit Prices--
generall1.3.1
Determination for..............................„..,.._.......9.10
Use of Premises................................6.16,
6.18, 6.30.2.4
Utility owners ............... 6.13, 6.20, 7.1-7.3, 13.2
Utilization, Partial...................1.28, 5.15, 6.30.2.4, 14.10
Value of the Work ..................................................
11.3
Values, Schedule of..............................2.6, 2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
w/ aTY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized ................ ._...._............... 6.25, 627, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER....................................9.2
Waiver of Claims --on Final Payment ......................14.15
Waiver of Rights by insured parties..................5.11,
6.11
Warranty and Guarantee, General --by
CONTRACTOR.................................:..............6.30
Warranty of Title, CONTRACTORS ........................14.3
Work --
Access to ............................................................
13.2
byothers, .......... ..
. .. . ..... 7
:
Changes in the....................................................10
Continuing the..................................................6.29
CONTRACTOR May Stop Work
or Terminate
15.5
Coordination of ....................................................
7.4
Cost of the ........................................
......... 11.4-11.5
definition of
........................................................
1.43
neglected by CONTRACTOR...........................1.3.14
otherWork............................................................7
OWNER May Stop Work.................................13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site .....................................
7.1-7.3
Starting the........................................................2.4
Stopping by CONTRACTOR.............................1.5.5
Stopping by OWNER.................................15.1-15.4
Variation and deviation authorized,
minor ............ .3.6
Work Change Directive --
claims pursuant to...... ........................................
10.2
of
definition .......
..................................................
1.44
principal references to......................3.5.3,
10.1-10.2
Written Amendment --
definition of ........................................................
1.45
principal references to...............1.10, 3.5, 5.10,15.12,
........................ 6.6.2, 6.8.2,
6.19, 10.1, 10.4,
........................ 11. 2, 12.1,
13.12.2, 14. 7. 2
Written Clarifications and
Interpretations...................................3.6.3,
9.4, 9.11
Written Notice Required—
byCONTRACTOR............................7.1,
9.10-9.11,
...........................................
10.4, 11.2, 12.1
by OWNER ....................9.10-9.11,
10.4, 11.2, 13.14
xv EJCDC GENERAL CONDITIONS 1910-3 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1--DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents..
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be perforated;
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein.
1.3. Application for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5. Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
1.6. Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 to
paragraphs 3.5, 3.6.1 and 3.6.3 on or alter the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 627 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2 2 are not Contract Documents.
1.11. Contract Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work).
1.12. Contract Times —The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete .the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm. or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order --A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements —Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction.
1.22.b. Legal Holidays --shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice ofAward—A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed -A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER —The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided:
1.28. Partial Utilization=Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse; gasoline, kerosene
and oil muted with other non -Hazardous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.1. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL. CONDITIONS 1910,8 (1990 Et itim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time.
1.32.6. Regular Working Hours --Regular working hours
are defined as 7.00am to 6:00pm unless otherwise
specified in the General Requirements.
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Drawings --All drawings, diagrams;
illustrations, schedules and other data or information
which are specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details.applicable thereto.
1.37. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.38. Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definiiive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
famished under the Contract. Documents. Work includes
and is the result of performing or furnishing labor and
famishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1 A4. Work Change Directive —A written directive to
CONTRACTOR., issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in pamgraph4.2 or 4.3 or to
emergencies under paragraph 6.23. A Work Change
Directive will not change the Contract Price or.the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment ---A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed•
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement i Re event ill the, Pentmet Times
eenEfi,em e Fun h lam., h ..:w: R .l .. Aer- the day
lay after- the Effeetive Dot
Starting the Work:
2.4. CONTRACTOR shall start.to perform the Work
on the date when the Contract Tunes commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run
Before Starting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof.
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.62. a preliminary schedule.of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profrt.applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and OkW RFR shall eaeh deliver to the
other OWNER, with copies to
ENGINEER
certificates of insurance (and other evidence of insurance
reaspaRbly roqueq requested by OWNER) which
CONTRACTOR w_a OW ion Fe el ^ v is required
to purchase and maintain in accordance with
paragraphs 5. ^, `TAU and 5. .
Preeonstruction Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract
Documents
, at least ten days befffe submissien of the fir
Application for Pa before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as apprepriate designated by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division I - General Requirements.
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL CONDITIONS 19103 (1990 Edition)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.5 or 3.6, provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the'Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.2. In accordance with Section 8-160 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following
shall be considered: (1) The ability, capacity and skill of the bidder to
perform the contract or provide the services required, (2) whether the
bidder can perform the contract or provide the service promptly and
within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of
the bidder, (4) the quality of the bidder's performance of previous
contracts or services, (5) the previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service, (6)
the sufficiency of the financial resources and ability of. the bidder to
perform the contract or provide. the service, (7) the quality,
availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future
maintenance and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of
the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would
impair his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other
contract with the City or in the payment of any taxes, licenses or other
monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid,
to (a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for
identification of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4,. that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction
as may be indicated in or required by the Contract Documents, and that
the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and
furnishing of the Work.
Rev10/20/07 Section 00100 Page 2
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
own risk.
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER or any of their subcontractors, consultants,
agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or. any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terns and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and 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 ofDoeunrents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal ofENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability ojLands.-
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of --way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR
statement of reeord legal title and legal deseription of the
lands upen whieh the Work is te be pfffimmed an
iOW r!!Vs interest therein as ee7—forgivinge nat'ee
aceeFdance with ppl able Laws and Regina
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4 2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of
4.2.1.1. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized, -
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information:
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical .data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6.23), notify OWNER and
ENGINEER in 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 R(Mew: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in. writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Ai*ustments: An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4.2.3.1 through 4.2.3.4, inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedentto entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOWs making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles i l and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for anv claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv)the safety and
protection of all such Underground Facilities as
provided in pamgmph6.20 and repairing any
damage thereto resulting from the Work.
4.32. Not Shoup 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, pfemptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
perform ing,any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
give written notice to that owner and to OWNER and
ENGINEER ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work. Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragraph 6.20.
CONTRACTOR shell mina y be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points.
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
n c rn TTD nrTnD shall immediately! 0) r n
OII7NFR ....,1 LTT(_1Tti.•CD (and lherpnftef-emf:..m
such notice ui wrAin6. GIAWER shall promptly
..ult with L'T.T!`_TATEE a ,. the necessity C..-
rnrrrD nrTnD ,...e :,,t , 0) ,.:a.:n
Work—may—be--resumed—safely—If—©VAIFER-and
either party may a wlaam- uh-erefef as provided in
n.«:..1As I I and l'1....d 7'1
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY.OF FORT COLLINS MODIFICATIONS (REV 4/2000)
ARTICLE 5--BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit StafE Bureau of
Government Financial Operations, U.S. Treasury
Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of
Insurance.
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions:
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or anv other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. OWNER she
deliwtr te C01%TDAGTOR .4 eepies to eae
1.
Faquifed to pumhasa And maintain in aceordame with
paragra s S. 6- An hereof-.
CONTRACTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and he written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5:4.10. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be corTecting, removing or replacing defective Work
in accordance with paragraph 13.12, and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter).
OWNER's Liability Insurance:
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Property Insurance:
5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
the I.A.Tefl- to the extent of any deduetible amounts that ar
identifted in the Supplementafy Ganditiam. The risk- -of
1— (V X"n A!`T!"1D 9..4.,.....t.... Or
,.al.�..,....,CFe�:..,...
S. 1...." .....7 :F .. ,.F tl."... .t.:..hes property
Purchase and maintain it at the purehasees awn expense.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed tion)
.w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5.1 t I OWNER and OONTP ACTOR intend that ..tt
and 5.7 will protect Oum1cD (;Q r,q ArmnD
Stibeentraeters RIGP E >: G9W±ERR
Consultants and A other persons OF estitip-'q idontifiod
ill videpritnar-yeevefeef r All legsw; and
damages eaused perils eovered thereby. AJI
in the event of payment of ariy loss or damage th
insurers -will -have -no -rights -of -recovery -against, any -of
the insureds or additional irisweds eFeu—'er.
us"
es aftd agents for all losses an
art), of the perils covered by su(;h polieies and aft),
other- prep", insuranee Rpplieable to the Work-; and;
in additiert waive all queh rights again
Subeentracters, FPIEiPFEER; ENGPTEER2s
C-enq-1tants And All other- persons or entities identified
. . the. Supplementary Genditiew to be listed
'sad. None of the Rhevg
Waiver ..1."11 nd tl.e ..1,." tt...
sueh waiver may have te the preeeeds of
Vela by (lkVNED .. ..tl..�..:.:..e
IoGs or damage to the completed
Proje�.;,rt„v part thereof e.^.; sed b arising out of e
fesultiM fi�� fire or other insured peril coveTe
by an), property insurance Friaipitained on th
during partialy vutllization pnastte't
pur-suarit to paragraph 144-3,
Receipt and Application ojlnsurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers and, if _ _ed :writiraby
s
Acceptance ojBonds and Insurance; Option to Replace:
5.14. If
OWNER has any objection to the coverage afforded by or
other provisions of the Bends er insurance required to be
purchased and maintained by the ethef p"
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
objecting pefty shall se netib, the other pafty OWNER will
notify CONTRACTOR in writing within ten fifteen days
after receipt delivery of the certificates (er othef evidence
r@qu@44 to OWNER as required by paragraph 2.7.
Partial Utilization —Property Insurance:
5A5. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 191M (1990 E(ition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6—CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence.
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and. expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
6.4. Unless .otherwise specified in the General
Requirements, CONTRACTOR shall famish and assume
full responsibility for all materials; equipment, labor,
transportation, construction equipment and machinery;
tools, appliances, fuel, power, light; heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.4.1. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the•resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office.
6.4.2. Cement Restrictions: City of Fort Collins
Resolution91-121 requires that suppliers and producers
of cement or products containing cement to certify 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 Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and "Or-Equal"Items.
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of'a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
12 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of material or.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 ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for
acceptance ofproposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER'S sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified. The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the resulting change, all' of which will be
CONTRACTOR shall perform not less than 20
considered by ENGINEER in evaluating the
percent of the Work with its own forces (that is,
proposed substitute. ENGINEER may require
without subcontracting). The 20 percent requirement
CONTRACTOR to furnish additional data about
shall be understood to refer to the Work the value of
the proposed substitute.
which totals not less than 20 percent of the Contract
Price.
6.7.1.3. CONMACTOR' Expense: All data to be
provided by CONTRACTOR in support of any
6.8.2. ita„. Conditions Bidding
proposed "or -equal" or substitute item will be at
Documents require the identity of certain
CONTRACTOR's expense.
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
6.7.2. Substitute Construction Methods or
principal items of materials or equipment) to be
Procedures: If a specific means, method, technique,
submitted to OWNER
sequence or procedure of construction is shown or
date prior to the Effective Date of the Agreement for
indicated in and expressly required by the Contract
acceptance by OWNER and ENGINEER,--&rtd—if
Documents, CONTRACTOR may furnish or utilize a
GG*URAGTOR has -ubffl:»ea a list thefeef :-
substitute means, method, technique, sequence or
asset .,,-.
s@ with the guppleme„. renditien-
procedure of construction acceptable to ENGINEER.
OWNER's or ENGINEER's acceptance (either in
CONTRACTOR shall submit sufficient information to
writing or by failing to make written objection thereto
allow ENGINEER, in ENGINEER's sole discretion, to
by the date indicated for acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents) of
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1 2.
hasiq of reAsonahie objection after due investigation;
in .high C-Q4TR^CTnn mgihm6t
6.7.3. Engineers Evaluation: ENGINEER will be
Anse ghAll Fin
aeeeptable substitute, the Gen"et Priee will be
allowed a reasonable time within which to evaluate
adjusted by the diff4ense in the n„-« ~6Msione 1 by
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the
will be-iss ~' ~- "'- " ~ ^ ~ ~ ' ~ ~' ~ ' will
sole judge of acceptability. No "or -equal" or
constitute a condition of the Contract requiring the
substitute will be ordered, installed or utilized without
use of the named subcontractors, suppliers or other
ENGINEER's prior written acceptance which will be
persons or organization on the Work unless prior
evidenced by either a Change Order or an approved
written approval is obtained from OWNER and
Shop Drawing. OWNER may require
ENGINEER No acceptance by OWNER or
CONTRACTOR to fumish at CONTRACTOR's
ENGINEER of any such Subcontractor, Supplier or
expense a special performance guarantee or other
other person or organization shall constitute a waiver
surety with respect to any "or -equal" or substitute.
of any right of OWNER or ENGINEER to reject
ENGINEER will record time required by
defective Work.
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
6_9.
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
6.9.1. CONTRACTOR shall be fully responsible to
Documents (or in the provisions of any other direct
OWNER and ENGINEER for all acts and omissions
contract with OWNER for work on the Project)
of the Subcontractors, Suppliers and other persons
occasioned thereby. Whether or not ENGINEER
and organizations performing or furnishing any of the
accepts a substitute item so proposed or submitted by
Work under a direct or indirect contract with
CONTRACTOR, CONTRACTOR shall reimburse
CONTRACTOR just as CONTRACTOR is
OWNER for the charges of ENGINEER and
responsible for CONTRACTOR's own acts and
ENGINEER's Consultants for evaluating each such
omissions. Nothing in the Contract. Documents shall
proposed substitute item.
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
6_8. Concerning Subcontractors, Suppliers and
contractual relationship between OWNER or
Others:
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
6.8.1. CONTRACTOR shall not employ any
obligation on the part of OWNER or ENGINEER to
Subcontractor, Supplier or other person or organization
pay or to see to the payment of any moneys due any
(including those acceptable to OWNER and
such Subcontractor, Supplier or other person or
ENGINEER as indicated in paragraph 6.8.2), whether
organization except as may otherwise be required by
initially or as a substitute, against whom OWNER or
Laws and Regulations. OWNER or ENGINEER may
ENGINEER may have reasonable objection.
furnish to any subcontractor, supplier or other person
CONTRACTOR shall not be required to employ any
or organization evidence of amounts paid to
Subcontractor, Supplier or other person or organization
CONTRACTOR in accordance with
to furnish or perform any of the Work against whom
CONTRACTOR'S "Applications for Payment".
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.92: CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by. a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. Whenever any sueh agFeemont
is with a 9,.l..,..,.*..,Gter of Cuppl:e. .. he is listed ,.
waivesadditional insured en the prepefty nee'previded in
contain provisions whereby the Sube
- allll_ fights against OWNER, CONTRACTOR,
IPIGP;EEP�, and nil PAOF
lr,, If t1, «.....ers--eii-aim-suers-policies-requi i
my Subeordraetor or
Supplier C;0T -R AC-TnD ...:II ehtnin the :n
r
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident. to the use in the
performance of the Work or the incorporation in the Work
of any invention, design; process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the exisfence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
14 EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY.OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6,a Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under paragraph 3.3.2.
Taxes.
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes .required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
CONTRACTOR must apply for, and receive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the project. This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid Sales and Use Taxes on those building and
construction materials physically incorporated into
the protect.
Address:
Colorado Department of Revenue
State Capital Annex
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or,intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only ,questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be
directed to the Engineer. Questions regarding submittal of bids should
be directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as
deemed advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER
in the amount stated in the Invitation to Bid. The required security
must be in, the form of a certified or bank cashier's check payable to
OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be
executed by a surety meeting the requirements of the General Conditions
for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until
such Bidder has executed the Agreement and furnished the required
contract security, whereupon Bid Security will. be returned. If the
successful Bidder fails to execute and deliver the Agreement and furnish
the required contract security within 15 days of the Notice of Award,
OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes
to have reasonable chance receiving the award may be retained by OWNER
until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid
Security furnished by such Bidders will be returned. Bid Security with
Bids which are not competitive will be returned within seven days after
the Bid opening.
7.0 CONTRACT TIME.
The number of
substantially
(the Contract
days within which, or the date by which the Work is to be
complete and .also completed and ready for Final Payment
Times) are set forth in the Agreement.
Rev10/20/07 Section 00100 Page 3
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by. the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Premises:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER ENGINEER or any other parry
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of fmal pavment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable;
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTORS duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies.
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 626. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents,
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures .of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a. separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR._
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR's General Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2, CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so;
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER -
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, . ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable. to bodily injury; sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
17
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents„ will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNERS own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(ii) CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the am ount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNEWs employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR. shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
18 EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer against
whom GGNTRACTOR makes. 4ten�
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNERS 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. Paragraph4.2 refers to OWNERSs identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
and maintaining liability find piepeity insurance are set
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OIWER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNEWs representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Vsits to Site:
9.2. . ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2006)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep, OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work. ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
Limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9.3 and 9.13 and in the Supplemen ^^
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee; the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Supplementary CoMitia paragraph 9.3
of these General Conditions. If the ENGINEER furnishes
a Resident Project Representative (RPR) or other
assistants, or if the OWNER designates a Representative
or agent, all as provided in paragraph 9.3 of the General
Conditions, these Representatives shall have the authority
and limitations as provided in paragraph 9.13 of the
General Conditions and shall be subject to the following:
9.3.1. The Representative's dealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR But, the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1.Schedules - Review the progress
19
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability.
9.3.2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9.3.2.3.2. Assist in obtaining from OWNER
additional details or information when
required, for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
My Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER
9.3.2.4.Review of Work, Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.42. Report to the ENGINEER
whenever the Representative believes that the
Work is unsatisfactory, faulty or defective or
does not. conform to the Contract Documents,
or has been damaged or does not meet the
requirements of any inspections, tests or
approvals required to be made: and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation or requires special testing,
inspection or approval.
9.3.2.4.3. Accompany visiting inspectors
representing public or other agencies having
jurisdiction over the Proiect, record the results
of these inspections and report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9.3.2.7. Records.
9.3.2.7.1. Maintain at the Representative's
office orderly files concerning
correspondence, reports of job conferences,
Shop Drawings and samples, reproductions
or original Contract Documents including all
Work Directive Changes, Addenda, Change
orders, Field Orders, additional drawings
issued subsequent to the execution of the
Agreement, ENGINEER'S clarifications and
interpretations of the Contract Documents,
progress reports and other project
docum ents.
9.3.2.7.2. Keep a diary, daily
report form, or log book, recording hours on
the job site, weather conditions, data relative
to questions of work directive changes,
9.3.2.8. Reports.
9.3.2.8.1. Furnish ENGINEER periodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9.3.2.8.2. Consult with ENGINEER in
advance of scheduling, major tests,
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders Work Directive Chances and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.2.9. Payment Requests. Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the payment requested to the schedule of values,
work completed and materials and Nuipment
delivered at the site but not incorporated in the
Work.
9.3.2.10. Completion
9.3.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
9.3.2.10.2. Conduct final inspection in the
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.3.2.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptance.
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER
9.3.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR Subcontractors, or
CONTRACTOR'S superintendent.
9.3.3.4. Advise on, or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such is
%?gcifrcally called for in the Contract Documents.
9.3.3.5. Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR.
9.3.3.7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
FNCTINF.ER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 191" (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article16, or (it) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing parry may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions. on Disputes.-
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph.
Written notice of each such claim, dispute or other matter
will be delivered by the claimant to ENGINEER and the
other party to the Agreement promptly (but in.no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
22 EJCDC GENERAL CONDITIONS 1910-3 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show'
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity: The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter pursuant to Article 16.
9.13. Limitations on ENGINEER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them. "
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable .to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or famish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or .of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CI-IANGES IN THE WORD
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are -unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties,
10.4.2. changes in the Contract Price or Contract
T imes which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody, the substance of any written
decision rendered. by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
(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.
ARTICLE 11—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTORS expense
without change in the Contract Price.
112. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
113. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
paragraphs 11.9.1 through 11.9.3, inclusive);
11.32. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Cost ofthe Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5.
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work. Payroll costs shall iftelude, but xet be lim ited to;
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health and refire ,eat benefits es-,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday; Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns.from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
24 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR's
Cost of the Work and fee as provided in
paragraphs l l.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work.
11.4.5.21. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
.value of such items used but not consumed which
remain the property of CONTRACTOR
11.4.5.3. Rentals of all construction
equipment and machinery and the parts thereof
whether Tented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The rental of any such equipment;
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
I IA5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the