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Home My WebLink About106039 GERRARD - CONTRACT - BID - 6029 DRAKE ZIEGLER IMPROVEMENT PROJECT PHASE IISPECIFICATIONS AND CONTRACT DOCUMENTS FOR Drake Zeigler Improvement Project - Phase 2 BID NO. 6029 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 28, 2007 - 3:00 P.M. (OUR CLOCK) Addendum 1 Revised BID SCHEDULE 6029 Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT CONSTRUCTION YEAR: 2007 203-10 Topsoil (Stripping, Stockpiling and Placing) (6") - Outfall Channel 8550 CY 203-11 Topsoil (Stripping, Stockpiling, Placing) (6") - FCRID Channel 2814 CY 203-12 Muck Excavation - Outfall Channel 2450 CY 203-13 Muck Excavation - FCRID Channel 1915 CY 203-14 Potholing 1 LS 203-15 Flow Fill Section Over Shallow Utilities 200 LF 203-16 Borrow ABC (Class 5 or 6) - (CIP) - at FCRID realignment 550 TON 206-01 Structure Excavations 320 CY 206-02 Borrow Structural Backfill Material (R-Value>25) @ Wingwalls 391 CY 206-03 Structure Backfill Flow Fill @ Box Culvert 1434 CY 206-04 Filter Material (1 1/2" Washed Rock) 300 TON 206-05 Structure Haul and Dispose (On -Site) 155 CY 206-06 Structure Muck Excavation 155 CY 206-07 Dewatering 3 EA 208-01 Erosion Control 1 LS 208-02 Wattles 300 LF 208-03 Slope Coco Mat With Seed 13300 SF 208-04 Straw Bale Slope Protection 36 EA 210-01 Modify Manhole 2 EA 210-02 Relocate Existing Headgate 1 LS 304-01 Gravel Access Road - 6" - (CIP) 4200 TON 403-01 HBP Paver Patch - Grading S - (2.5" Depth) - (PG 64-28) 75 TON 120 General Requirements --Sections of Division I of the Specificatinm. 121. Hazardous Nlaste—The term Ilazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Dispc,sal Act (42 USC Section 6903) as amended from time to time. t.'_2.a. Lars and Regulations; LawPT or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all govemmenud bodies, agencies, authorities and courts having jurisdiction 1 _'2.b. Lg al f oGalms-shall be those holidays observed bv the Ci , of Fort Collins. 1.23. Liens --Liens, charges, security intere-As or encumbrances upon real property or personal property. 124. MUesione--A principal event specified in the C'omract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work 125. Notice ofRwardi—A written notice by OWNER to the apparent successful bidder swung that upon compliance by the apparent successful bidder mith the conditions prceedem enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 126. Notice to Proceed --A written malice given by OWNER to CONTRACTOR (with a any to ENGiNfiER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CON'TRACTOR'S obligations under the Contract Documents. 127. OUNIM—The public body or authority, corporation. association, farm or person with wham CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Panial Utilization -Use by OttNGR of a substantially completed part of the Work fbr the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1 19_ PCBs -Polychlorinated biphenyls. 1.30. Pt Irvkunin--Petroleum, including crude oil or any fnaetian thereof which is liquid at standard conditions of lemprratore and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, Eresohne, kerosene and ml 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, 1.32a. Radioactive Matenal—Sauce, special nuclear, or byproduct material as defined by the Atomic lmergy Act of EX'DC GENERAL ('01401110M 191"(19)1) Edtiml wl CITY OF FORT C'OLd %MODIFICATIONS (REV 42000) 1954 (42 US( Section 2011 et seq.) as amended from time to time- 1.3'.b R &filar ffuA-ingHotas-Retrular wgbjnhaws are defincd as TOOam to 6.00pm unless otherwise s%ecified in the General Requirements_ 1.33- Resident Prvect Representative —The authorized representative of ENGIINTEF,R who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials. eqt»pmem, or workmanship that an 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 ft)r CONTRACTOR and submitted by CONTRACTOR to illustrate some potion 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 applimble thereto. 137. 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. i_38. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENCi1NIih'R as evidemced by ENGINEMes definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can he utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for fmal payment as evidenced by FNGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substmivally complete" and "substantially o ompleted" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. SuppJementuty Conditions —Thu part of the Contract Documents which amends or supplements these General Conditions, 1.40. Supplier —A mantdactuter, fabricator, supplier, distributor, materiatman 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 arty Subcontractor. 1.41. Underground Facitfiies—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and arty encasancnts our"iniM such facilities which have been installed underground to famish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephhmue or other communications. cable television. sewage and drainage removal. traffic or other control systems or water 142, Unit Price Work —Work to be paid for on the basis of unit prices. 1,43. Wonl--The entire completed wrtstruction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the axutructian. and pa forming or tumultirig sery ices and furnishing documents, nil as required by the Comma[ Documents. 1.44, )$'ork Change Directive —A written directive to CONTRACTOR issued on or after the Effective Date of the Ageement and signed by OWNER and recommended by ENGINEER ordering an aciditiev. deletion or revision in the Work, or responding to differing or unforeseen physical con ilitions under which the Work is to be perfcrmcd as provided in pamgmph d2 or 43 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties c gvct that the change directed or documental by n Work Change Directive will be incorporated in a subsequently issued (Mange Order following negotiations by the parties m to its effect if any, on the Contract price or Contract Tortes as provided in paragraph I o.2. 1.45. 10itten Amend4renr--A written amendment of the Contract Tocuments, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather Horn strictly construction -related aspects ottee Contract Documents. - ARTICLE 2—PREUMN'ARY MATTERS De iviay of Bon&: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bards as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ofDoesonna • 22— OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Comract Documents as are reasonably necessary for the execution of the Work. Additional copies will be "shed, upon request, at the cost of reproduction. Commencement ofContrad Times: Notice to Proeeert 3. The Contract Times will commence to run on the thirtiethday after the Effective Date of the Agreement or, EXI)C OENMAL CONUIMM 191 OS (199e E(litim) w,'CITY OF TORT OOLUNS MOD1t1CAMNS (REV 4/210W) if a Notice to proceed is given, on the day indicated in the Notice to Proceed A Notice to 1'rocceci may be given at any time within thirty days after the Effective Date of the Agreement. of Pid-opmingordte-th"tteth clay elter the }3fl wW* Hate of the Agreanmk whichever date is earhieu Starring the Work: 2A_ CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. but no Work shall be done at the site prior to the date on which the Contract Tines commence to ran Before Starring Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and cornpare the Contract Documents; and check and verify pertment figures shown thereon and all applicable Geld measurements CONTRACTOR TOR shall promptly repo 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 Viable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CON'fRAC,TOR 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 1-iGINEER 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 Documems, 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will Ik each reWred submittal and the times for submitting. reviewing and processing such submittal; 2�62.1,...__sln._3+o . caez, will a__�t�tk be actable wluch._allUWs Ies4 thertcalendar days for each review by Ureuteer. 16.1 A preliminary schedule of values for all of the Work which wiA include quantities and prices of items aggregating the Contract Rice and will subdivide the Work into component parts in sufficient detail to sane as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR imd 0443IsF2 shall meh deliver to the ehiher OWNE& withcopies to identified in Hoc.' E,NG WEIIL certificates of insurance (and other evidence of insurance war�v reasonably— r uestgi_by OWNBRI which CONTRACTr[-at+t�C36R rw�aativel the is required to purchase and maintain in accordance with paragraphs 5.4; 3.6 and54, Yreeonstradion Conference: 2.g. Within twenty days alter the Contract Times start to nit, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will to held to establish a working wderstanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handlin Shop Drawings and other submittals prooessimg ,applications for payment and maintaining required records, Initially Aecepm6te Scheduler: 2.9 Lirtlem otherwise provided in the Contract Docutnells before � work aY the site begins, a oonferenoe attcrided by CONTRACTOR FNGTNF,IiR and others es ate �iimated dry OWNER, will be held to review far aocceptabiIity to 1• NGINEER as pranced below the schedules submitted in accordance with paragraph 2.6. jyi3i41I_J_ S tt 1 LigsRldCt R1�4Ss,: CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress paymnent shall be made to CONTRACTOR until the schedules are submitted to and acceptable to Is"`1GINFFR as provided below. The progress schedule will be acceptable to FNGINF.FR 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 sequerniamn� scheduling ox progress of the Work nor interfere tvith or relieve CONTRACTOR from CONTRACTOR'S full responsibility therefor. CONTRACTOks schedule of Shop Drawing and Sample submissions will be acceptable to FNGINFFR as providing a workable arrangement for reviewing and processing the required submittals CONTRACYOWs schedule of values will be acceptable to ENGINEER as to form artd substance AWFICLE 3--CONTRACT DMUMFNTS: IP1'PEN'T, AMENDLNG, RMSE Intent. 3.1, The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR o oncerrarg the Work The Contract Documents are complementary; what is called for by one is as binding as if canal for by all. The Contract Documents will be construed in accordance with the law of the place of the project 3.1 it is the intent of the Contract Documents to E)cDc mNERAL coNL)rnow 191" (19" Ednaei W CITY OF FORT C%n.t.INS MODIFICATION'S (REV 1t24M) describe a functionally complete Project (or part thercoi) to he constructed in accordance with the Contract Documents. Any Work, materials or equipment that may remA mnbly be inferred from the Contract Documents or from prevailing custom or track usage as being required to produce the intended result will he fiunished and performed whether or not specifically called for. When words or phmses 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 interpxetatios of the Contract Documents shall be issued by VNGI N'14R as provided in paragraph 9.4. 3.3. Reference to Vandar& and :Specifications of Technical Smietfes; Reporting and Resolving Asergianeim 3.3.1. Reference to standards, specifications, manuals or aides of any technical society, organization tv assocmtion, or to the Laws or Regulations M 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 1i1Tective Date of the Agreement if there were no Rids), except as may be otherwise specifically stated in die Contract Documents. 3.3.2- If, during the performance of the Work, CONTRACTOR discovers am, conflict error, ambiguity or discrepancy wiiitin 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 stardard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writinig m ono 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 35 cx 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 35 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or disrrcepancy between the prov isions of the Contract Documents and: 3.3.3.1. the provision of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or F.N01NE6R or any of their subcontractors, consultants, agents or employees from those set forth in the Commas DocumentL% nor shall it be effective to assign to OWNER, FNGINUR or an), of F-NGTNEER's Consultants, agerits or catployecs anydutyor authority to supervise or direct the furnishing or perf"ance 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. 4 Whenever in the Contract IAtcuments 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 requiremera, 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 pnwisions of paragraph 9,13 or any other provision of the Contract Document& Amena1ng and Siynplarrenring Conbuct Documents: 3.5. The Contract Documents may be amended to provide for additiom deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways; 3.5.1, a formal Written Amendment. 3.5.2. a Change Order (pursuant Io paragraph 10,41 or EKOC(?ENER.AL CONEXTIO S191"(19"E6tim) W CITY OF FORT COLUNS MOUCFICAT10NS (REV 412000) 3.5.3. a Wart; Change Directive (pursuant to pamLaph MA) 3.6. In addition, the requirements of the Contract Documents may be supplemented, and motor variations and deviations in the Wort; may he authorized, in one or more of the following ways: 3.6.1, A Field Order (pursuant to paragraph 9.5), 3.6_2 INIGINTEl2's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and (5.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9 4) Reuse ofDoeamentr. 3.7. CONTRACTOR, and any, Subcontractor or Surfliea or other person or organization performing or furnshing any of the Work under a direct or indirect contract with OWNER (i) shall not have or aoquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of liNNGiNE'ER 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 ONNE-R and ENGINEER and specific written verification or adaptation by ENGINEER, ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS A adabi6ry, of l ands: 4.1. OWNER shall funush as indicated in the Contract Documents; the lands upon which the Work is to be performed, rights-tf-way and easements for access thereto, and such other lanais which are designated for the use of CONTRACTOR Llpxatraasottablewrinen-request; 91V#E17-bhall-famish-�'E1aFF OWNER shall identify any encumbnvras ar restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in perfrming the Work. Fasements for Permanent structures or permanent changes in ocisting facilities will be obtained and paid for by 0XVNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entiticment to or the amount or extent of any adjustments in die Contract Price or the Contract Times as a result of any delay in OWNIX% furnishing these lank rights -of - way dr easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12, CONTRACTOR shall provide tic all additional lands and access thereto that may he required for temporary construction facilities or storage of materials and equipment. J.?. Subsurface and Physical Can/6d0es.• 4.2.1. Relxuts and Drawings: Reference is made to the Supplementary Conditions for identification of 42 1 1 Subsur-face Comitions: Those reports of explorations and tests of subsurface cond itiots at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Docum cni. ; and 4.2.1.2. Pinsical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at cc contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents 4.22. limited Rehmnce by COMR4CTOR Aurlwnzed; Tedwical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drmvings, but such reports and drawings are not Contract Documents. Such 'technical data' is idemifued in the Supplementary Conditions. Except fur such reliance on such "technical data". CONTRACTOR. may not rely upon or make any claim against OWNER, FNGINEI:,R or any of ENGINIJ;E :s Consultants ttith respect to: 4.2.2.1. the completeness of such reports and drawings for COIv'TRACTOR's purposes, includin& 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 on indicated in such drawings, or 4223. any CONTRACTOR interpretation of or conclusion drawn from any "technical data' or any such data, vtterpretaticxu, opinions or information. 4 ^_ 3 Notice of Differing Subsurface or Plnysical Corrditiorrs: if CONTRACTOR believes that any subsurface or physical erudition 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 "tectrnical data" on whidi 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 42.3.-1 differs materially from that shown or EX'IK OSNEXAL CONO 11OKS 191 M (1990 E(6nm) wI C11Y OF FORT C'OLLI NS MODIFICATIONS (REV 4)2e00) indicated in the Contract Docmnents, or 4.2.3.4. is of an unusual mature, and differs materially from conditions ordinarily encountered and generally recognimd as inherent in work of the character provided for in the Contract Documents; therm CONTRACTOR shall, prempily mmetliutely after becoming aware thereof and before ftniher disturbing conditions affected thereby or performing an)Work in correction therewith (e.%-ept in an ernetgency as permitted by paragraph 623), notify OWNER and ENGINEER in wtihng 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. ENGIA'M's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of 0t'?Mks olAainirtg additioal'exploralion o tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGIA'EER's findings and conclusions. 4.2.5. Possible Contract Documents (-surge: If 1g4GINEER 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 4.21 a Work C Mange Directive or a Change Order will he issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and 'Times .44ustmenu: An equitable adjustment in the Contmet 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; suttjeet, however, to the following: 4.2.6.1. such condition must meet any me or more of the categories described in paragraphs 4'2.31 through 4.2.3.4, inclusive; 4.2.6.2, a change in the Contract Documents pursuant to paragraph 42 5 will not be an automatic authorization of nor a condium precedent to entitlement to any such adjustmcnk 4.2.6.3, with respect to Wok that is paid for on a Unit Prim 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 4.2.64.2 the existence of such condition could reasonably have been discovered or revealed as a result of am, examination. investigmitn, exploration. test or study of tie site and contiguous areas required by the Bidding Requirements or Contract Documents to be, conducted by or for CONTRACTOR prior to CONTRACTOWs making such rural commitment- or 4.26A_3_ CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONI'RAC'FOR are unable to agree on entitlement to or as to the amount or length of am, such equitable adjustment in the Contract Price or Contract Times: a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, FNGINERR and ENGiNEHR's Consultants shall not he liable to CONTRACTOR for any claims, costs, lasses or damages sustained by CONTRACTOR on or at connection with any other project or anticipated Project 4.3. Physical Cendi6oas-1nderground Facilities., 4.3.1, Shown orIncGcow& 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 OWNF,R or F,NGINEF.R by the owners of such Underground Facilities or by .titers. 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 cot of all of the i'dlowing will b included in the Contract Price and CONTRACTOR shall have till responsibility ler_ (t) reviewing and checking all such information and data, (ii) locating all Underground Facilities shoran cr indicated in the Contract Doeuments,(iii) coordination of the Work with the owners of suds Underground Facilities during construction, and (iv) the safety and protection of ail such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or likhcoted• If un Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract L ocuments CONTRACTOR shall. promptly immediately afier becoming aware thereof and t>etexc further disturbing conditions affected thereby or performing any Wok in connection therewith (except in an emergency as required by pKaragniph ti 23). identify the owner of such Underground Facility and VC'DCOENERAL CONIATIO S191a-8a199a E,tinicno w!CM OF FORT(XILLINS MODIFICATIONS fl(LV 010M give written notice to that owner and to OWNER and ENG1NE13R. EIiG1NEER 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 LN:GINE-ER concludes that a dw%c in the Contract Documents is required, a Work Change Direc4ve 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 rrrn•1ded in ph6.20. CONTRACTOR t N � be allowed an ncrease in the Contract Price or an extension of the Contract fines, or both, to the c4ent 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 any 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 (r the amount or length of any such adjustment in Contract Rice or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles i l and 12, However, OW'NFR, F,NGINEFR and ENGINEER's Consultants shall not be liable to CONTRACrOR for any claims, casts, losses or damages irxwrep or sustained by CONTRACTOR on or in connection with any other project or anticipated project Reference Points• 4.4, vWNER 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 relocation 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 locationq and shall he resporw6le for the accurate replacement or relocation of such reference points by professionally qualified personnel 4.5. Asbestos, PCBs, Pearoleum, Hazardous Waste or Radoactive ;tfaterial. 4.5.1. OWNER shall be responsible for any Asbestos, PN_BS, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Dmwm' gs 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 resporimble for any such materials brought to the site by C.ONI'RACTOR_ Subcontractors, Suppliers or anyone else for whom CONTRACTOR is resptonsible- 4:5.2. CONTRACTOR *411irnm"antly (1)stopall Wtr1F lititrrtmd effiff as--ter _ , -and..g u tixuealkF-emlfmn such, -nottee---wnting)--- OWN --shell promptly consult with-f:,1t;RZEit eemeeming+heiwcessity far t�4Y:NER 2a•r eteat a-cpediF>aA-e>Fpepaa evaluate arch if -arty, <'C)NT ii,AtCfC-}l2-simll trot be required to reatme Weak in aonneetioi,i irFanv raga+red-pemeits related-thQea6 aid deltVered tP that mob oonditiori-and sari aifeated-orea-isor has been t 4)23FRAE fGaR-d te ttovftwea-tofdstune suulr-work based on a rea"m` belieF it is tatsek or does -not ecraiitierds� then-f}Itll+i6lt-tray-or�weMportion-ef theWAIS free-ea-te-anti[leateM-tec+rthe -antou-or meme t-of-an ZU4 at deLtIM1=1 peniop of the Work, either -party muyatd e-a-claeu-tharefcr asprovided-in portion- of --the- Wtvk-performed Gy-{3t rPMRs- Own Torras.oFotlt�o-brasccrAanae-with .'ytiela 1- �:4--fe-the-!inflect ertte�-jaerntiftad-by-F,aws and Regulatiar�--fdWE+fRi? --veal!-ir�+nnify-enJ--hald ktannkss----(',91�FRrA6?"QR;- ---- Subcx& R;Gpi' rxl--rite ads ---other sortsultanta-rend-subaomnraers-ef�-+each-and-txty-uC t#terfr-fitrtt-oral egainvr-all claimer earls losses and EKDCOENERAL CONDI110NS 191" (19" Edtim) tef QTY OF FORT COLLINS MODIFICATIONS (,'REV 4i2oota ARTICLE S-NONDS.ALND INSURANCE Performance, Payment and Other Rondk 5.1. CONTRACTOR shall furnish Performance and Payment Bards, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRAC('OR's obligattons 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 l.aws or Regulations or by the Contract Ikcumerts. CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions, All Bonds shall be in the !forma 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 amera list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsunng Companies" as published in Cucular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Roads signed by an agent must be accompanied by a certified copy of such agent's authority to act. 52. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do horsiness 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 Ian days thereafter substitute another Bond and study, loth of which must be acceptable to 01ANER. &3. Licensed Sureties and Insurers; Certificates of Insurance. 53.1. All Bonds and insurance required by the Contract lkicuments to be purchased and mamtained by OWAT12 or CONTRACTOR shall be obtained from surety of insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Dorris or insurance policies for the limits and cmentges so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions, 53,2- CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (und other evidence of insurance requested by OWNER or any other additional msiued) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -shall deliver•-to-G4htiF cue -Dash additional insured -identified_ in. the Supplementary 00W&i0r+s-settit6a1oc-ef-insurartaa-(txd ailxr 5•7hereof COATfLdCTOR's LiabiGq• Insurance: 5A, 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 COiNTRACI'OR!$ performance and furnishing of the Work and CON'TRACTOR's other obligations under the Contract Document% whether it is to be performed or furnished by CONTRACTOR, any subcontractor or Supplier, or by anyone directly or indiree3ly employed by any of them to perform or fattish any of the Work, or by anyortc for whose acts any of then may be liable: 5.4.1. claims under workers' compensation, disability benefits and othersimilar employee benefit acts; 5.42 claims for damages because of bodily injury, occupational sickness or disease. ur death of CONTRACTOR's emplo}•ees; 5-43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRAC£OR's empkayees; 544.---claims -" — damages insured by of an Affens �; iadireatt} ralated-to tho-emp4dtym�t efsushiA� by CPI FR A< l?R or �'.tan fe( era other reason: 5AS 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 546. 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 iaarance so required by this paragraph 5 4 to be purchased and maintained stall: 5.4-7. with respect to insusana required by paragraphs 5.4.3 through 5.4.6 inclusive ap¢__J include as additional insureds (subject to any customary exclusion in respect of professional liabilittyy), OWNER, ENGINEM ]ENGINEER's Coants and any other persons or entities identified in the Supplementary Con ditioms, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.5. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4,4. include completed operations insurance; WCDCOENEBALC M*n0*81910-8(1990EMM) wr CiTY OF FORT C'OLUNS MODtFiCA'llON3 (kFv 41200a) 5 4.10 include contractual liability• insurance covering CONTRACTOR's indcmnity obligations under paragraphs 6.12. 6.16 and 631 through 633 5.4.11. contain a provision or erelorsemem that the coverage afforded will not be cancelled materially changed or renewal refused until at least thaw days' prior written notice has been given to OAA^.NA and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham a cenificate of insane has been issued (arid the cenitieates of insurance famished by the CONTRACTOR pursuant to pualpaph 5.3.2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, retmrn-ing or replacing defecthy Wort; in accordance with paragraph 13.12, and 5.413 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 czNvel evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER'sVabifih Insrrranee: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OW NIR, at OW:NER's option may purchase and maintain at OWNEWs expense OWNER's oxvn liability insurance as will protect OWNER againstclaims which may arise troam operations under the Contract Documents. Property Insuranee.- 5-&-_--13nlassotherwiae-provided-wthe,Suppwrnentary Cirnditwns; -•-BVRQR---shall--purchase._ arid in-the-emo um of--thee-farll-rep{seen>ens-rest--tharaof-{wlajea.._ta-sail dkKh+utEde--be---prosficiacl--it -the Supplementary--Condit--or__required ,by Laws --and lteguleUotac).-�7ris-itasurarauer�IwN- 561 -include ---the . utMresfa ._ of.. - OWNER: mt"%- idatittfied4w-the-Suppl nary„<',oraditionv eaclrofwtmecl� lieu an iusarable interest andr}al{ be 6stadesun-irsureti�ndditioral-irtstred. 56 .-be-wrinart-en-a-Baildas-Risk "all_? x tv spww�e!!n of less Peliov form that and the- f6ilowting penk—eatandecl wveange, theft, -vandalism -and malicious intwhief; ncwnl dealaletiun ulatiarax cif 5:6.3.-inelude-�-ipeme9-incurred in the- repair or mpla awg..of aev -tnsuredproperw (mcl"ng but -not udiitec,ts}; _64 ... ha site wavannOw-aaentiexrihahwas-agreed to in writ'. #ly provided that -woh mewiek and -equip av 4gave been FGK arxi z.made t-t+nt+l-I'aa3l paYener#--is end--E_NGE7R—with thiFty de iee-ie-eacttothaF-a9dNivanl issued — boiler as may --be-rucptired-k>y-4he.SupOementaq C:txditi )M-(W f:NGWRRWS,(�sirwi§inisand-taty-dlteF{-vsari wemmas iderHi" -in die 4upp1 I Sh of whom i 1Zftdaahevretr eitxeeest and sheN be -listed as Shur--e' 41 "ea -thereaA-regt+ired h}�a� d mainmined-bv 9Wz RsR-in actordmir., wath poragrephs 56 envetage..afkxded-will not -be-conoened-or--materially ahnr�ed er rettewnl-refused urail-at least thi#y-days'-error wrsuen-- notice- -him ... been ---giver- -to --AW?TRR --end CE)PfiFRtI�F tiara]-insured-te whom a-eertifwate of-inmouncrei as heem issued, and -win Main- --- weivar---piev)siens----in --auurdanea----with 59 OWNER shall not be req msible for purchasing and maintaining any propcaty insurance to protect the ingests of CONTRACTOR, Subwntraotors or others m are idenhikil-in-the. Su�rnterg ConditiEaia.-_ Dw-eisr of rar<ilr-kina-and-if-any-sf-thaw- waJteis lxaparty-ittetaatice �'entge-wikhin-�r-�ia+Ns-of-seeeh-wmFwiLL�-exeir-may purchaseatadmaintain icat the purshasar's owna+iper�w in writint that er w Iffiflee be ins Wad egtte As �tange- in ErDC OLNEKAL CONDITIONS 191"(1990 Eatim) wi ciry OF r'OR'r COLEANS MODIl ICAT1ONS (kSV dl2eaw OMMOneemantef-the WofkE at-Uw site; GW1 BR -shall in w ed**.- E4aiUiV4,0�F w ahixker 5;},}.}; _OWNER anc}fiE31'3FRAC"f[3R-intendthata}! policiespurcllased in acccrdanse with paragrap{zf _s:F C.OFOAanis and -aN- Wharpewsens-ta iwAdias *W tifted ht the 3upplemrtttaeYGenditions !a be ligled taffies and danrag� se eaussd---Nana -is that my PQFP" !nelEulg--sttel;me - 'y have to the proeeeds payable under -any-palieyae issued. 511a. in Odditieft all against------�'9A3TR,\CT9&- ltimia and oiNaerss directors;-ampiaYees- end.-es-of-a+ty`-oi d**. ter s:Fl.?-l. � duetabusinass temiptien-leas c�-usa-vr-..otl� eore�ua�in►•leas-erAaflding beyond- divest--physic+l-Mess--or--deaxrge-ip ei�.5ing<a1Faf eFrrstiki�g-fiwam-firs-eFperil; whetl)er-or nottrrwred�4a1Vnrxi recovery against arty -of CONTRACTOR difesim. emplayees BRII agents of OP.) of them; Sttbcautuctors 4aata-+�,tsa; Receipt and Application of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and mask 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. OIVN76R shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in imerest may reach If no other special agreement is reached the damaged Work shal I be repaired or replaced, the moneys um received applied on account thereof and the Work and the cast 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 alter the occurrence of lass to OWN exercise of this paver. 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. I f no such agreement among the parties in interest is reached, OWNER as fiduciary Mall adjust and settle the loss with the insurers and iq-Writlag-;jY-any-LiBr}y-IR irtteresk-F�WNi31}if —4"ly-SIw11- grv&-h�Rd--for-the Acceptance ofilonds and lamnatce; Option to Replace: 5.14. If OWNER has any objection to the coverage at riled or other provisions of the Bonds or insurance required ttoo be purchased and maintained by the other--parw CONTRACTOR in accordance with Article 5 cc the basis Of neat -conformance with the Contract Documents, the objecting Parly shall-�noiily-the-odierpany OWNER will ttoltfY_IxQNTRrN'TQR in writing wit tort attetn days after reeeipt deliycry of the certificates (v other evidenoe requested) t4 O MTR._as required by paragraphw2.7. (1WNER--and 49N4 other such-aekiitiorr+}-infoteRal+on iR rasyact of insurance Partial Urination -Property Insurance: 5.15. If OWNER finds it ncccssaiy to ocupy or use a portion or portions of the Work prior to Substantial EKDC U NERAL CONDIT1OM 19104 r1990 E6timu w1CITY OF FORTCOLLINS M00It7CAT1ONS(REV WOW) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 141Q provided that no such use or occupancy shall commence Wore the insurers providing the property insurance have acknowledged notice thereof and in writing effected any chances 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. ARTICLP. b-CONTPACTOR'S RESPONSIBILITIES Sirpenisfon and Saperinteadence. 6_1, CONTRAC.'9'OR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention, thereto and applying such skills and expertise as may he necessary to perform the Work in accordance with the Contract Oocumems CONTRACTOR shall be solely responsible for the means, methods, teritniques, sequences and procedures of c rmnicticn, but CONTItACTOR shall not he responsible for the negligence of others in the design or specification of a specific means,. method, technique, sequence or procedure of cwntructicm 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 I Tocuments. 6,1 CONTRACTOR sluing 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 superintendera will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent "I be as bunting as if given to CONTRAM)R. Labor, Materials and Equipment 6.3- CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and wnstmct die Wee}; as required by the Cattract 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 shell be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Week on Saturday. Sunday a any legal holiday without OWNFdi's written Consent given after prior written notice to ENGMER, CONTRACTOR shall submit requests to the EN,NCiI E m less than 48 hours in advance of any Work to be txrkmgd rn SatttrdaY Sun V Holidays tr o i io the Regular Works Hours 1E 6029 Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT 403-02 HBP Paver Patch - Grading SG- (4" Depth) - (PG58-28) Addendum 1 Revised BID SCHEDULE ANTITY I UNIT 284 TON CONSTRUCTION YEAR: 2007 506-01 9"X9"X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 2 EA 506-02 22'X184'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-03 27'X119'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-04 240'X15'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-05 240'X30'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-06 145'X18'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-07 4'X4'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-08 39'X1 TX18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-09 16'X12'X2' Type M Rip -Rap - 6" Topsoil (CIP Per Detail)- Outfall Channel 1 EA 506-10 12" D50 Rip -Rap @ Page 54 of 74 - Outfall Channel 232 TON 506-11 18" Type H D50 Rip -Rap - Outfall Channel 180 TON 506-12 Rip Rap at McDowell Box Culvert 63 CY 601-01 20'X7'X84' Box Culvert - (CIP) W/Wingwalls/Paraphet Walls/Toe Walls 1 LS 601-02 Metal Orrafice Plate for 20'XTX84' Box Culvert 1 LS 603-01 12" PVC C-900 149 LF 603-02 24" Class III RCP 25 LF 603-03 30" Class III RCP 67 LF 603-04 36" Class III RCP 171 LF 603-05 24" Class III RCP FES 1 EA 603-06 30" Class III RCP FES 1 EA 603-07 36" Class ill RCP FES 2 EA 603-08 Tie to Existing Storm Drain Lines 2 EA 603-09 Concrete Headwall for 12" PVC 1 LS TOTAL COST 6A. unless otherwise specified in the General Requirements. CONTRACTOR shall furnish and assume full responsibility for all materials equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 641 ucFwsln¢ Restrictions: CONTRACl'OR must com y with the Citv's purchasing restrictions. A copy of the resolutions are available for review iLUir offices of the purchasing and Risk Maregemnett Division or the City Clerk"s oIl'icc. 6.4 Cement Restridions: City of Fort Collins Resolution 91-121 requires that su hers ancjprodtt-_sass of cement a products ootuaini cemctrt use collie that the cement was not made in cement kilns that burn hargrdouswaste as a fuel 65 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 satisfictry 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, user dean.., and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the ConumctDocumernts Progrea&fiedule: 66. CONTRACTOR shall adhere to the progress schedule mablished in accordance with paragraph 29 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR stall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will nau change the Contract Times (or Milestones). Such adjustments win conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6A2. Proposed adjustments in the progress schedule that will change the Contract Times (err Milcstones) shall be submittal in accordance with the requirements of paragraph 12, 1 . Such adjustnents may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substfttesand "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 propriettaaryry item or the rases,e of s particular Supplier, the spec cation or description is intended to establish the type. function and quality required. Unless the specification or description 12 EICI)COENh'RM,CON ITIOM 191"(1990E(blim) wt aT'Y OF FORT COLUNS MOMICMIONS (REV 4/21M) 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 he accepted by ENGINEER uraler the following circumstances 6.7.1.1. 't)r-Equal If in ENGINIFR'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 he considered by ENGINEER as an "or al' item, in which case review and approval of the proposed item may, in ENGINEFJ 's sole discretion. be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 63 1.2. Substitute ill erns: If in EN(31NEFRs sole discretion an item of material or equipment Proposed by CONTRACTOR does not qualify as an "or -equal' item under subparagraph 6.7.1 )—it will be considered a proposed substitute item, CONTRACTOR shell submit sufficient information as provided below to allow ENGINEER to determine that the iaum 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 ENGl138ER may decide is appropriate under the circumstances Requests for review of proposed substitute items of material or equipment will not In accepted by FNGINFER 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 Rp ENGINEER for acceptance hereof, certifying that the proposed substitute will perform adequately the functions and achieve the reavlts called for by the genxmi design, be similar in substance to that specified and be suited to the came use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRA(TOR's achievement of Substantial Completion on time, whether or not Hmx puuwc 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 itworporation 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 maintenmce, 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 casts of redesign and claims of other contractor-, affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may royuue CONTRACTOR to furnish additional data about the prcyosed substitute. 6.7.1.3. CONIR ICTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "orfqual" or substitute item will be at CONTRACTORN ccpense. 6.7.2. Substitnte CorufteHon MeAooit or Procedures: If a _yy+ieeccific means, method technique, sequence ut procechua of construction is shown or indicated in and exTressly required by the Contract Documents, CONTRACTOR may furnish or utilim a substitute means, method. technique. sequence or procedure of construction acceptable to ENGINEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEEWs sole discretion, to determine that the substitute proposed is equivalent to that expressly called tiw I -A, the Contract Documents The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7. L2. 6.7.3. Eng7nee%r Evaluation: ENGiNF.J R will be ailrryrd a reasonable time within which to evaluate eadm propxxcml or submittal made pursuant to paragraphs 6 712 and 6.7.2. ENGINEER will be the sole judgc of acceptability. No orI" or substitute will be ordered, mrsteltaf or utili7ad. without ENGiNEh.R'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or•equal" or substitute. L"NCINEER will record time required by ENGINEER and ENGiNEFR's Consultants in evaluating stiWirutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and 6.7.2 and in making charges in the Contract Document,, (or in the provisions of any other direct contract with OWNFdi for work on the Pro ect) occasioned thereby. W7tether cc not ENGINEER accepts a substitute turn so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the chargers of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6.8. Concerning Sabcontradonn, Suppliers and Others: 6.8.1- CONTRACTOR shall not employ any Subcontractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether autially or as a substitute, agamsI whom OWNER or 0-NGINEiR may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Suupppplicr or other person or orgaramfion to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. CONTRACTOR shall micron not less than 20 Bz1 9_ of the Wort , truth_ its own forces._(that_,is, wi s nuactirn,ti). The 20 percent requirement sha I be gp4ieniocrl to refer to the Work the value of which totals not less than 20 pgrcera of the Contract Price. 6.8.2. Co"tions Biddin¢ Daunt tents require the "identity of certain Subeoni"dos, Suppliers Of other persists or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-advance-of-the-T. eeified dais prior to the Effective Date of the Agreement for acceptance by OWNER acid ENGINEER -and -if eeserdanas--with--f#ta—Sappbmsntary.-6;umi1iba , OWNER's or ENGINEER'S acceptance (either in writing or by failing to make written objection diacto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any--atpk-.Subeorttrector, pber-tv+xlteK-perstxi-er rewekaei-en 9}ee jjKGIf jq,,L No acceptance by OWNER or LNGINEER of any such Subcont tor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or F'NGINEFR to reject defeetrir Work 6.9.1. CONTRACTOR shall be fully resperuible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and odmcr persons and ogrmiations; perform ing or furnishing arry of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOWs ova acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or o gannizatiom nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or ether person or organintion erocept as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to anv Lubcor actor _ super or other tzason or txamtization evidence of amounts paid o MWRA(-f CAR _ n ...._._accordance _ _..... with CONTRACTOR'S "Applications for Paymcnt" E ('uC OEN%RAL Cok7xnOxs lamas a rot Edtimh 13 w CITY OFFOttrcntutaSMOutrtCATIONS(aEvantwo) 6.92. CONTRACTOR shall be solely responsible for scheduling ark] coxmrdirating the Work of Subcontractors. Suppliers and other persons and organim6ons performing or furnishing any of the work under it direct or indirect contract with CONTRACTOR. C OM RACTOR shall require all Subcontractors, Suppliers and such other persons and organ» anions performing or hrnashing any of the Work to commun cats with the ENGINEER through CONTRACT OR 6.10. The divisions and sections of the Specifications mad the identiticntions tit' mr Dmwiras shall not control CONTRACTOR in ciividing the Work among Subconracton or Suppliers or delineating the Work to he performed by any spcciftc trade 6.11- All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an apprimiriate agreement between CONTRACTOR and the Subbccoonuaaoa or Supplier which specifically, binds the Subcontractor or Supplier to the applicable terms and conditions of the Comraa Documents for the benefit of OWNIiR and titiGiNV.lsR It henevrr mty�uoh agreamem star--"supptitX A ft"tirmal-itseared--rift,.the _property- in 4 l3fRA{`TOR--ntd ilre Suf xrtrnctur or Supplier -will eer9tain-prorisietis-whereF�y--tlteSttbctianFraetc�r-er-$upp}ier F I�-{�"4�AFElir1F�1{�lF� kT16f?.'Ki '_.3iW#tik;4iR'S-- Consultants- _and, _44 other add'tiittxek-imureds-fer-"..,.;n�;-anddamegea-eeused-by; anaurgeut of er-ermahrrrgt m arty -of -the} lsftwered-Hy {Atbeie. P"ny-Exher'prnt»r4y inswavowe sqpplim"bleto the Wort, If the insurers on any Such policies require -trainer-ferm+- $applW ()P+1R.U-,l4*-W4obi+iuttte-same, Patent Fees aril Rotsrltiev 6.12_ CONTRACTOR shall roy 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 tights or copyrights held by others. If a particular itvention, desigrr, 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 subjectto patent rights or copyrights calling for the payment of am license fee or royalty to others, the existence of such rights shot] be disclosed by OWNER in the Contract Docwnents To the fullest extent permitted by Laws raid Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINTER, ENGI.NEERk Consultants and the officers, directors, employees agents and other consultants of each and tiny of them from and against all claims, costs, losses and damages arising out of or resulting from any inGingemem of patent rights or copyrights incident to the use in the performance of the Work or resulting horn the incorporation in the Workof any invvention• desigm process, product or device nor specified in the Contract Documents. 14 sxucczFNEX,�t.COa'11ot1sl9M8IVVmemta,i uv OITY OF FOR'r COM NS MODIM CAr"IONS (REV nrzobV) Pentrits.• 6.13. Unless otherwise provided in the Supplenrenlar} Conditions, CONTRACTOR shell 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 itrspeeticm fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, W if there am no Bids on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for ccraections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees 6.14. Laws anrlRegtrladons,- 6-14.L CONTRACTOR shall give all notices and comply with all haws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER cox ENGINEER shall be responsible for monitoring CONTRAG;TOWs compliance with any Laws or Regulntions 6.142. if CONTRACTOR performs any Work knowirng or having reason to know that it is contrary um 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 rotary 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. 615.1 OWNER is exempt trn Colorado State and local soles_and user uutes_an_matenalg„_}4_be perimm ntly incorporated into thekrgxt Sa dJsyes shall not be triclutkd in the t; ontiact price. CONTRACTOR must apply for and receive- a Ceniftcote of Exemption from the Coloracb L)cwrtineni of Revenue for cti{u ttctjen melgdials tv i c. phtisit, t gorppQ-.prated into thect _ _1 his CCertlfiwiion of -Exempiton__.prwthat__ he CONTRACTOR shell neither nav nor include in his Btu -Sales. ard_Ux Ta ces_on._ cse butllatg enyll congWction materialsphysically iricorooraed into the rD Ole Address_ Culaadu Dcalitmait of Ret enuc State Capital ,Armco 1375 Sherman Street Denver C okrxdo, 80261 Sales and Use Taxes for _the State of colors Reiziotal Tra rtatio District - - typo a (RTDZ and certain Colorado counties are collected by the Smtq of Colorado and,_erc included in the Certification of Exemption, All aMfic#bIc Sales and Use 'faYcs_{irn:lu,_n.�,. State collected fit es on any items other than constriction and buildim materials phvsicaily inwrporated mto_the prootect are to he raid by CONT-K_A(_7Y)k an_d, are to k utchtded in aDWaor a c 1?id items. Ilse of Premiss.• 6.16. CONTRACTOR shall confine aonscruction equipment, the storage of materials and equipment and the operationsof workers to the site and lamp and areas identified in and permitted by the Contract Documents and other lard and areas permitted by laws and Regulnuonc fights, -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 accupent 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 occueant because of the performance of the Work, CONTRACTOR rhail promptly scale 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 Regulanonu, indemnify and hold harmless OWNER, ENGPikER r-\GIIQEER'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 bccupam it IW OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOWs performance of the Work. 6.17, During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Weak. 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 Tor 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 shell CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: Hdt'.UC GENERAL CONMI10 R31910.8[199a Edtian WI CITY OF FORT COLUNS MODIFICATIONS (REV-Ir2000) 6,19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Dmwirgs, Specifications, Adderida. Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifiratiuu (issued pursuant to pamgmph 94) 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 Wort:, aixiLrior to release of final payment these record documents. Samples and Shop Drawings will be delivered to HNG I NFE R for OWNER Sajej, and PmrecBon: 620. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTR_4CfOR shall take all necessary precautions for the safety oL and shall provide the necessary protection to prevent damage, injury or loss toy 620.1, all persons m the Work site or who may be affected by the Work; 6202.all the Work and materials and equipment to be incorporated thercin, whether in storage on or off the site; and 620_1. other property at the site or adjacent thereto, including trees, shrubs, laums, 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 perscros 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 thomr, and shall vo,operate with them in the protection, removal, relocation and replacement of their property. All dirumnge, in ury of loss to any property referred to in paragraphs6.202 or 6 20.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any alter person or organization directly or indirectly employed by arry 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 fauh of Dmwings or Specifications or to the acts or omissions of OIA,WR or ENGINEER or ENGMER's Consultant or anyone employed by any of them or anyone tar whose acts any, of them may be liable, and not atributablc, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any, of them). CONTRACTOR's duties and re. bilities for the safety and pracctiom of the Work shah inue until such time as all the Work is completed and F.NGtNF',ER has issued a 15 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 Represennitoe: 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 he responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to he made available to or exchanged between or among employers at the site in accordance with taws or Regulations. Finergeneies: 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 autherizetion from OWN'&R or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prcmtpt 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 Strop 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 shill 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 dearly 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 EKW OENFRAL CONUIMM 191a.a (1990 Eelum) I6 w.+CITY OF FORT COLLINS MODWICArIONS (REV 41200a) purposes required by paragraph 624?. The numbers of each Sample to he submined will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25,1. Before submitting each Shop Drawing or Sample, CONTRACTOR skill have determined mid verified: 6.25_1.1_ all field measurements, quantities, dimensicrts, specified performarcc criteria. installation reciuiremems, materials, catalog munbers and similar information with respect thereto. 6.25.1.2. all materials with respect to intended use, fabrication, shipppping, handling, storage, assembly aryl installation pertaining to the performance of the Work. and 6,25.13. all information relative to CONTRACTOR's sole responsibilities in respect of means, method, techniques, sequences and procedures of construction and safety precautions and programs incitient thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Dmwirp and Samples and with the requirements of the Work and the Contract Documens 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Comma Documents with respect to CONTICAC IOR's review and approval of that submittal 6.253. At the time of each submission, CONTRACTOR shall give I:eNGiNMER specific written notice of such variations. if anv, 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 submitaL arc, in addition, stall 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 Drewu*s and Samples in accordance with the schedule of Shop Drawings aryl Sample submittals accepted by ENGINEER as required by paragraph 2!9. ENGLNEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, inform 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 Ccmtmet 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 axperate item as such will not indicate approval of the assembly in which the item funxtions. CONTRACTOR shall make corrections required by hNGINEER. and shall return the required number of cDnvcted copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in wrmng to revisions other than the corrections called for by F- NGINr-ER on previous submittals_ 6.27. ENGIN6ER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for am, 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 rotation thereof incorporated in or accompanying the Shop !hawing or Sample approval; nor will any approval by ENGINEER relieve. CONTRACTOR from responsibility for complying with the requirements of paragraph 625.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shonpp thawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENUINEER's review and approval of the pertinent sutmittal will be at the sole entpense and responsibility of c oral-RACTOR Continuing the Work. 629. CONTRACTOR shall earry on the Wars: and adhere to the progress schedule efuring all disputes or disagreements with OWN No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted in' paragraph 15.3 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTMCTOR's General Warranty and Guarantee: 6.30.1 CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGISEETs Consultants that all Work will be in accordance with the Contract Documents and will not be ckfeetive. CONTRACTOR'S warranty and guaranteee hereunder excludes defects or damage caused by: 630.1.1. 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. CONTR4CTOR's obligation to perform awl complete the Work in accordance with the Convect Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJGU(' 4E.`�'6RN. CONW nOTtS 19104 (IM Ede®) wI CITY OF FORTOOLLINS MOntFtcanONS ncEV n/rarxn accordance with the Contract Documems or a release of CONTRACTOR's obligation to perform Ilene 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 OIVANER to CONTRACTOR under the Contract I ocumems; 6.30.2A. use or occupancy of the Work or am, part thereof by OWNER, 6.30.2.3, any acceptance by OWNER or any failure to do so; 6.30.2.6. any review awl approal of a Shop !hawing or Sample submittal or the issuance of it notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.23. any inspection. test or approval by others, or 6.3028. any correction of defective Work by OWNER. Indemnifncadon: 6.3L To the fullest extent permitted by Laws and Regulations, CONTRACTOR "I indemnify and hold harmless OWNER- ENGINEER. ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each end any of them from and against all claims, casts, losses and damages (including, but not limited to, all fees and charges of crgincers, architects, attcmxys 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, prtwided that any such claim, cast less ordamage: (i) is attributable to boddv injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Wok itselt). including the toss of use resulting therefrom, and (ii) is caused in whole at in part by any negligent act or omission of CONTRACTOR, any Suboonlractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Wok 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 nnderninlled hereunder or whether liability is unposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any will all claims against OWNER or ENGINEER or any of their respective consultants, agents. officers, directors or employes by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Suppher, 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 paragraph15.31 shall not be limited in any way by any limntauon 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 ads or other employee benefit acts. 6.33. Thnc indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER and EvTGWEER's Consultant& officers, directors, employees or agents caused by the pi ofessionat negligence, errors or omnsswra of any of than. Sumvd! ofObhgaftoas 634. All representations, indcmnifications, warranties and guarantees mace in required by or given in accordance with the Contact Jkncumrnts, as well as all continuing obligations indicated in the Contract Documents, will sun•ive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTdIFR WORK Retrued !York at Sue: 7.1. OWNER may perform other work related to the Project at the site by, OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was no noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (i)CONTRACTOR may make a claim therefor as provided in Articles I f and 12 iTCONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties ate unable to agree as uo the amcxnnt or extern thereof 7.2. CONTRACTOR shall allird 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 OWNTR's employees) proper and safe access to the site and a reasonable opportunity fir the introduction and storage of materials and equipmert 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. lifting and patching of the Work that may h required to make its several parts come together properly and inte�ate with Such other wick. CONTRACTOR shale not with any work of others by wuung, excavating or otherwise altering their work and will only cm or alter their work with the written consent of ENGINEER %W the others whose work will be alTccted. 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 0MCGENERALCONIATIONS 191M (1990E6tim) is WC! rY OF FORT COLLINS MODIFICATIONS (M 42000) provisions for the benefit of CONTRACTOR in said direct contracts between Ok\`NI`R and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work duds 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 Mkiencies 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 oT Rich other work as fit and proper for integration with CONTRACCOWs Work except for latent or rmrapparent defect, and deficiencies in such other work. Coarr§nation: 7A. If OWNER contracts with others for the performance of other work on the Project at the site, the following will he set firth in Supplementary C onditioms 7A.1. the person, firm or corporation who will have authority and respotsibihty for coordination of the activities among the various prime oontmetars will be identified;, 7.4.1 the specific matters to be covered by such authority and responsibility will be itemised; and 7.43. 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 ARTICLF. 8—OWNER'S RFSPONSIRILITIFS 8.1, Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINL^M 8.2. In case of termination of the employment of ENGINEER, OWNER shall appotrt an engineer against whom-GONTRACTOR maker rto reasareble ttbjeeEiat; whose status under the Contract Documents shall be that Of the firmer ENG1N"EER. 83, OWNER shell furnish the data required of OWNER under the Contract Documents promptly and shallmake 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 casements and providing ergi cring surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers 10 OWNER's identifying and making available to CONTRACTOR copies of reports of exploratiots and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or omiguaus to the site that have been utilized by ENGINEER in preparing the Contract Documents if) mWed of pw4ins fotiburperagraphs S thrnugh4, T41 B.G. 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 13A 8.8. in connection with OWNER's right to stop Work or suspend Work, see para rhs 13.1t1 and 15.1. ParagraphlS.: deals with OS R's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority o'er, nor be responsible for, C.ONTRA(TOR's means methods techniques, sequences or procedures of co nstructim or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with laws and Regulations applicable to the furnishuig or performance of the Work. OWNER will not be resporuuble for CONTRACTows failure to perform or furnish the Work in accordance with the Contract Documents. R-N3-_AWgv�R's ragility-srrespest-of-undisel�sed fir-- -nr R�elieaet»°a-?MeReria is GONTRACT-OR Foam irrtltttt--4uaeial arrangements--harm--been- mode to- satisfy -f3WWER's responstbilry -in respeot-thareof will as sat -#firth"in the SupPlanterikitY F'orxiitwrns- ARTiCLF. 9-ENGINFFR'S STATiIS DURING CONS'I'RDCTION D R MR's Representative: 9.1 ENGPKEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER 1 isits to Site: 9.1. ENGINEER will make visits to the site at intervals Apppprt0nprn.ate to the various stages of construction as ENGM deems necessary in order to observe as an experienced and qualified design protessio nal the progress EJ(W, 0LT1LALCON1XT10N5191"(199a E(stim) w/OTY OF FORT COLLINS MWi}7CATtONS ttREV,J/2u a) that has been made and the quality of the various aspects of CONTR.ACTOR's executed Work Based on information obtained during such visits and ob=vaticts, ENOTNvTEER will endeavor for the benefit of OWNER to determine, in general, if the Work is prowe dins in accordance with the (contract Documems 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 ohsmations, F ANEER will keep OWNER unformed of the progress of the Work and will endeavor to guard OWNER against &feaive Work. EN(;JNEFW_% visits and on -site observations an 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 ENGI,NTEER's on -sift visits or observations of CONtRACPOR's Work ENGINEER will not supervise, direct control or have authority over or be responsible. f'nr CONTRAC"rOR's means, methods, tecbatiques, sequences or procedures of construction. or the safety precautions and programs incident thereto, or for airy failure of CONTRACTOR to oompl}' with Laws and Regulations applicable to the furniXtig 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 am such Resident project Representative and assistants will be as provided in paragraphs 9 3 and 9.13 anidF-i 41-_---�agtery Coralitlons of these General Conditions. If OWNER designates another representatiw or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the resprnssibilities and authority and limitations thereon of such other person will be as provided in the - of these General Ct�t drttons Tf the FNGTNFF� R fun e R,ewlent Project Repwwma4Ye _ R _sir—w. iemisitmtq IT jf the OWNEF design qa_a Representative or agentall as provided in pMgraph 93 of the General C041tairts these Represantetn es shall have the authority an<I _Ivnitatiwns_ as pa loco in,_puregraph 9.13 of the General Conditions and shall be subiieect to the following 9.3.1. The-ftEwnktive's s mat pertaining to the on -site work wild in g�cn L be w' the ENaCONTRACTOR „Btu the Regresentahve will keepthe QLVNMR-_prp�uer act used abqut such matters_ --The Represgntatives denlinm with subcontractors wilt onl be tfvou or wuth the _ 111 knmwl_ anti ._approval.,,, of the CONTRACTOR 93.2 Duties and Rts+�umibilities Representative will: 932.1 Schedules - Review the zrdsress 19 schedule and olttar schedules prepared by the CONTRACTOR . wid _ cormuh _ %ith _ the ENGWEER comerrme scoeptability. 9.3.2.2. Conferences and Lfectim - Attend meeting with the CONTRACTOR such as pr�nslrS#cti4a confgreruxs «P_�4lEess.,_.dtlk'e.??TJ$A and other iob conferences and nrmm and urculate_coses of menu cs of meeWw- 93 23, Liaison 9-323_1. Save as_kZgLlNEF.RS liaison with CONTRACTOR, wurking_truxj a ugh CONTRACTOR'S stmmnyndem to assjst the CONTRACTOR m underWmding the COnUB{.t Documents. 9.32.3.2. Assist inobtairurm from OWNER additiaml__details... orinformatioty.__when required, for requr mm execution of the Work. a.3?-3.i. Advise the ENGNFER and CONTRACTOR of the oommencement of any Work reyuu2r� a Shoo Ihawmg ox samnle submission if the submission has not t eon approved by the ING [rNBR, 9�3.s 1.R.e,Kj !' 4 �. 's4ik.. Sje + 1,.5 ...DdWxYt Wok Irup ctiortsani7ests.- 9,3.2A.t------ Corduct.on-site observations of e Work in progress to gMg the ENQMER in dctenntungftv _._._the Work is proceedirn agmiam with the Contract Doyumatta 9.12A3; Accompany! yisitits+,e.,in eGors ropreser tiie public of other agencies have yunyTiictian ova the Royect, record the readts oC these tnspcchorm and report to the ENGINEER 9 3 2.5 Tneetaon �. oC Gontrn Dcxum;ras,___ ?Z?P t._tu _ IGI MR, when clard caticam and ir9etpretatinrs of the Ccn ad Documer�s__are___needai sod transmit _ta CONTRACTOR dafieation and intepVktion of the Comuact Documents as issued ENGINEER by the 96 Modifications. Consider and evaluate coNTRACTOR'S suagestionc for �� EJCDC MENERAL COMMONS 191"(19"Ed1im) w, (1TY Oi FORT COLLINS MO0117CA'rtONS (REV 4r20M) nivditication in Dmw nos or SEecif'icatioms and report ese recommendations, ut i NG.lNi3ER, Accurately tranvnit to CONTRACTOR ciecisicros issued by the FNGINL"ER 9 3 ?;7,. Records. Reports. FU-vU$a EI\-GI l~R ,periodic reports, as reywretf,_y( the pro� ,eems of the 'York-, and oC the _.,CC)NTRAC"IOR'S contpllam;e with th; pro$rgi§.s;hedule end sche*lc, or shop Drawing and sump(; su¢mjttals, 9:3,2112 Cxisdt +itlt..l ?GI ER. in advmwc , of,._ soh;doling,. majw.__..testa msvcctiorm or start of PPggattt Wises of the Work. 9.3.2.9 3, _ _[haft massed Change Orders and Work Diroctiyg _ Cha�e3. obtaining backup material tram the CONTRACTOR and resat mend to ENGINEER Chanwe OCxi—,,fork Diratiti°e C es and field orders 93? 8_4. Report immediately to ENTGEdEF.R and OIANC the oc wren« o[ any accdestt. 9 3 ? 9 Payment Reauests Review applications forpa�nemwithCONIKKIORfor om_pliance w}th the established prtxedure for their submtsston and forward with recommendation m LN INFL•'1 tlot_. icuiarly the relationship of the payment requested 15r the schedule of.ynllus work_cump]eted L riatcriak and wui�mj t cklivered_ at the site but not_in-w-Ated in the Work. 9.12,.10.. Completion 9.3.2.10.1. Before ENGIN'ELR issues -_a Certificate of Substantial Cum letio submit to CON-rRACTOR a list of observed items re Inry titm yr connpletion 9.3.2.10.2. Conduct fiLpl irsoaten ur the compnm� of -ire hNGINEFR. OWNER and (,OWRACTOR_.and-_prepare a final list of items to be corrected In leted. 9.3.2.10.3. Observe that all itears_ rt the final list have been corrected or completed and make re.cummendatipns to —ENGINEER concerning acceptance, 933Limitation of Authority�. TheRTresentative shall not 9331 Authortx _ant deviations from the C onuact I)aumems ox to substitute tttatertals or._etpipment,_un)esS authortzed.liy ,the FNG 1 N EER. 9332 Exceed._ hmitaticros of F�GI.\FEf2_S authLx>1yas set firnh in the et I.�ocuments. 9f3 33 _ Undertake any of the resmmibihues oe 1TRACTOR Sutxontrrctors , CQ\TRICTOR'S superintendent. 93 34 ....Advise on, or. issue drectjons relative to, or assume control .over any _aspect of the means, mhods et, techniques,, sequences _fir Procedures .. for cYirtStruchon„pnless such -is specifically called for in the Contract ocuments. 933.5. Advise on or issue directions regarding of "issume pprorol vyer .soAty precautions and programs. in, connections with, the Work 9.3.16. _._Acccpt....Stipp.. Drawings_ or sample COsubmittalsCTOR. from union other OR, the NTRA 9337_ Authorize OWNER to occupy 1\-'cxk mwhuie in 9,3.3.8. ,Participate, in spectaliaed field_,or labomwry tests or inspections conducted _by. others except as spcs;nfic;illy authori,zox!_ by .the. the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJC DC GENERAL CO.NLN1101%1910S (t990 tAUm) w'C11Y OF FORT (I1LLf NS MOD119 CAI IONS tRE'y 112(K7o) 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 tumble to agree to the amount or extent thereK if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or Article 12. Authorized lrariadons 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 conpabble with the design concept of the completed Project as a functioning whale 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 Rice or the Contract Times and the parties are unable to agree as to the amount or c dcnt thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defedwe Work• 9A ENGINEER. will have authority to disapprove or reject Work which ENGINEER believes to be dkfective, 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 Draadngs. Change Ordws-and Payments. 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples, we paragraphs 624 through 6.28 inclusive. 98. In connection with ENGINEER'S authority as to Change Orders, we Articles 10, 11. and 12. 9.9. In connection with ENGLNEER's audxxity as to Applications for Payment, see Article 14 Determinations jar Utdt Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGLNEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (try recommendation of an Application 21 Addendum 1 Revised BID SCHEDULE 6029 Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT 603-10 2X48" RCP @ Outfall Channel Siphon 180 LF 603-11 48"X12" RCP Tee 2 EA 603-12 48" Special Elbows 16.7'Concrete RCP 4 EA 603-13 2X48" RCP Concrete Encasement Per Detail 105 LF 603-14 Concrete Encasement on 12" PVC SDR-35 Pipe 105 LF 603-15 12" PVC SDR-35 863 LF 603-16 30" Steel Encasement Pipe 116 LF 603-17 Tie 12" PVC SDR-35 to Existing Manhole 2 EA CONSTRUCTION YEAR: 2007 COST 604-01 4' Storm Sewer Manhole 2 EA 604-02 Type 13 Area Inlet 1 EA 604-03 48" Cut-off Walls 3 EA 604-04 48" Siphon Manholes - 6' Diameter 2 EA 604-05 48" Siphon Inlet Box 1 EA 604-06 48" Siphon Outlet Structure 1 EA 608-01 Concrete Spillway @ Stoneridge Pond (45'X1') - Per Detail 1 LS 619-01 8" DIP CI-52 Water Main 243 LF 619-02 Plug w/Thrust Blocks 2 EA 619-03 1" Irrigation Service (including Curb Stop, Corp Stop and Tapping Saddle) 1 EA 619-04 8" Waterline Lowering at Cottonwood Box Cuvlert 1 EA 619-05 45 Degree Bends w/ Thrust Blocks 2 EA Landscaping Quantities: 2900-01 Seeding Subtotal Drake/Ziegler Phase II: 18 ACRE COST for Payment or otherwise). ENGINEER's written decision thereon will he 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 HNGINFER's decision and- (i) an appeal from ENGINEER's decision is taken within the time [units and in accordance with the procedures set forth in Exhibit GC -A, 'Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such tights or remedies as the appealing party may have with respect to ENGINFRIZ's decision unless otherwise agreed in writing by OW'NFR and CONTRACTOR. Such appeal will nut be subject to the procedures of paragraph 9.11. 1)"isions on 1)"Mres: 9.11- FNGINEER will he the mroal 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 acid 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 (hut in no event later than thirty days) after the start of the orecurremce or event giving rise thereto, and written suppening 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 ofter receipt of the claimant's lost submittal (unless FNGTN-.FR allows additional time). ENGINEER. will render a formal decision in writing within thirty oiays alter receipt of the opposing prarty's submittal, if any, in Acaxdance with this paragraph L-NGTNELR's written decision on such claim, dispute or other matter will be fuel and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within doe time limits and in accordance with the �taes set forth in EXHIBIT GC - "Dispute it t don Agreement% entered into between 0W ..v'ER and CONTRACTOR pucswmt to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from E•NGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINIEER within thirty days after the date of such deesion 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 otter matter in accordance with applicable laws and Regulations within sixty days of the date of such 22 ErDCOENIMA . CONLA-Itorrs 191" (19vo eaear) sot CITY OF FORT COLLINS NODUI CA-110\5 tkhV 4a0ro) decision unless otherwise agreed in writing by OWNER and C'ON TRACTOR 9.12. When functioning as interpreter and judge under pamgraphs9.10 and 9.11, ENGINEER will not shay pnrtinlity to OWNER or CONTRACTOR and will net he liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by LNGINEFR pursuant to paragraphs 9.10 or 9.11 with respect to any such chino, di to ar other matter (except any which have been waived by the making or aoxeptame of final payment as provided in paragraph NISI will he a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have tinder the Contract I.ocumcros or by Laws or Regulations in respect of any such claim, dispute or other matter�SsaaM iea�tiisk-16, 9.13. Limitations on ENGINIXR's Authority and Rmponmlrflitles: 913I Neither ENGINEER's authority or rM. msibility 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 Cxercisc such authority or responsibility or the urtdertakirg, exercise or performance of any authority or respansubilny by F:NGTNEFR shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organintion, 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 fix 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 fiumish the Wort: in accordance with the Contract Documents. 9,13.3, ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of anv 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, sehed uIcs, guarantees, Bands and certificates of inspection tests and approvals and other documentation n 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 cure of certificates of inspections• tests and approvals that the results certified indicate compliance with, the Contract Documents 9.13.5. The limitation upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER''s Consultants, Resident Roiect Representative and assistants. ARTICLE 10—CHANGES iN TH}: WORK 10.1. Without invalidating the Agreement and wrtlkeut notice to any surety, OW'f may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will he 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 Wort: involved which will be performed uder 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 tiny, 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 r Article 12. 10.3. CONTRACTOR shall robe entitled to an increase in the Contract Rice or an extension of the Contract Tun es with respect to any Work performed that is fait requued by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6. kept 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: 1041, charges 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 (in) agreed to by the parties; 10.4,2. changes in the Contract Rice or Contract Times which are agreed to by the parties, and 10.4.3. changes in the Contract Price or Contract Tunes which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, inlieu of executing any such Change Order, an appeal may be taken front any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall on the Work and adhere to the pr o gress sched e 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 E I)COEIVMALCOMATIOir51910-9(1990EAtim) W/CITY OF FORT (-OLLIMMOOnTCAnONS(tiEV 4t2OD9) (including, but not limited to, Contract Price or Contract Times) is requited 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 II —CHANGE OF CONTRA('T PRICt 11.1. The Contract Pnce constitutes the total compensation (subject to authorised adjustments) payable to CONTRACTOR for perfom ing the Work. All duties, responsibilities and obl�3ations assigned to or undertaken by CONTRA<TOR shall he at CONT RACTOR's expense without change in the Contract Price. 112 The Contract Rice may only be changed by a Change Order or by a Written Amendment :Any claiin for an adjustment in the Contract Price shall be basal on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (bit in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the Central 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 ncctxtlance 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 11,2 111 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 prim to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive); 11.3 where the Work involved is nut 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 i 106 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 pomgraph 11 3.1 on the hosis of the Cost of the Work - (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRAC'rOR's fee for overhead nod profit (determined axprovided in paragraph 11.6). Coal of the Work 11.4. The term Cast 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 itemised in paragraph 11.5 11 A.1. Pa roll costs to 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 supenntendems foremen and other permimel employed full-time at the site. Payroll costs for employees not employed full-time on die Work shall he apportioned on the basis of their time spent on the Work. Payroll costs shall mole fie,-but4iot be limited to; salaries and wages plus the cost o1' fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and -retirement benefits; -bonuses, si applicable thereto. The expenses of performing Work after regular working boors, 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 anti storage thereof, aril Suppliers' field services required in connection therewith All cash discounts shall acme 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 refurxls 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 punished by Subcontractors. If required by OWNER, 24 EJCDCOENI ALCONN-110Ns 1910-8(1990 Edam) WI(Try OF FORT COLUNIS MODIFICATIONS OW—V 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to (AN NMR and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of LNrGINEER, which bids, if any. will be accepted. if any subcontract provides that the Suhcomractor is to be paid on the basis of Cost of the Work plus a fee, the Suboontwor`s Cost of the Wok and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11 A, 113, 11.6 and 117all 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 accountant employed for services specifically related to the Work. 11.4.5. Supplemental ecusts including the following. 11.4.53. The proportion of necessary transponation, trove and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work- 11.4,3Z 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 workem which are consumed in the performance of the Work, and cast less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whetter rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGIXE,.I R and the costs of transportation, loading, unloading, installation dismantling and removal thereof —all in accordance with terms of %ad rental agreements. The rental of any such equipment, machinery or pouts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, avid for which CONTRACTOR is liable, imposed by Laws aril Regulation. 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 than may be liable, and royalty payments and fees for permits and licenses. 11.45.6. Losses and damages (and related exprnses) caused by damage to the Wok- not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnish ng of the Work (except lasses and damages within the deductible amounts of properly insurance established by OWNER in accordance with paragraph 3% provided they have resulted from causes other than the neggligence 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 tosses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTTRACTOR's fee. It however, any such lass or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that slated in paragraph 11 A-2, 114.5.T 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. 11.4.59. Cost of premiums fir 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 casts and other compensation of CONTRACTOR's officers, executives, principals (of parlmrship and sole propictorships), general managers, engineers, architects, estimators, attorneys, auditors, accounutnts, purchasing and contracting agency expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office fir general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph l l.4.1 or specifically covered by paragraph 11.4 4—all of which are m be considered atfinimstratfve costs covered by the CONTRACTOR's fee. Expenses of CONTRACTOWs principal and brunch offices other than CONTRACTOR's office at the site. 11.5.3. Any pert 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 Bowls and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the some (except for the con of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Casts thne to the negligence of CONTRACTOR, arw Subcontmctcr, or anyone directly or indirectly employed by any of them or for whose acts any of them may be habfe, including but not limited to, the correction of rkfechvv Work. di 1 of materials or equipment wrongly supplied and making good any damage to property. 1_I.5.6. Odor overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11 A. 11.6_ 1'he CONN'PACTOR'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 fused 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 Inragmphs 11.4 1 and 11-4.2, the CONTRA(TOR's fee shall be fifteen percent 11.6.2.2. for casts incurred under paragraph 11.4.3, the CONTRACTOR'S fee stall be five perccnt 11.6.2.3. where one or more tiers of subernamcts are on the basis of Cost of the Work plus a fee and no fixed fee is screed 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 he paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs I l A 1 and 11.4.2 and that airy higher tier Subcontractor and CONTRACTOR will each be paid a fee of rive-percent-o€ ikte-amount paid to the next-It9werkier-Sabeorteaetem lobe_negotiated fit c percent of the c�tnswM xi to the next bwer tteLSl!bco41G[t�o1� 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 coat will be the amount of the actual net decrease in con 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 anv one change, the adjustment in CONTRACT(*s fee shall be computed on the basis of the not 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 EJCDC OEN6RAL CONVITIONS 1910.8 n990 Edtim) 25 w- Cl TY OF VORT C OLL1NS MOUInCATIONS /REV an000J determined pursuant to paragraphs 11.4 and i I >. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted uccounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cade Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shalt cause the Work so covered to be furnished and performed for such sums as may be acre HetoOWNFRandFNGI_NF.BR CONTRACTON agrees that: 11.8.1. the allowances include the cost to CONTRACTOR (less am applicable trade dv%xvrits) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes. and 11.8.2. CONfRACTOR'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 tie additional payment on account of any of the foregoing will Ix. valid. Prior to final paymtem, an appropriate Change Order will be issued as recommended by hNGINHER to reflect actual amounts due ()ONTRACfOR on account of Work covered by allowances, and the Contract price shall he correspondingly adjusted. 11.9. Unit Price Rork. 119.1. Where the Contract Documents provide that all or pan 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 quantifies of items of Knit 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 quamiues and classifications of Unit Rice Work. performed by CONTRACTOR will be made by FNGINTSR in accordance with paragraph 9.10. 11.9.2_ Each unit price will be deemed to include an amount comsidaed by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item 11.93. CAVNER or CONTRA( TOR may make a claim for an adjustment in the Contrail Price in accordance with Article I i if 11 9.3.1. the quardity of any item of Unit Price Work perfonnwi by CONTRACTOR differs materially and signifimnily from the estimated quantity of such item indicated in the Agreement; EKI)C OLNERAL CONIXTIOM 191" (1990Edtan) 26 WICI Y OF FORT L'OL .tNS MODIFI CA'TION''S chic a12000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work, and 11.931 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Prier as a result of having incurred additional expense or OWINMR believes that OWNF,R is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of arry such increase or decrease. 119.3.4. CONTRACTOR acknowled¢es_that the OW NFR has the right to add or delete items m the Bid or change quantities at OWNh72'S sole discretion without ai'fec.ing Ag Commd Rice of any remaining item soon g- as the deletion or addition does not exceed twenty-five percent oil the pr*inal_t;xal (13cxltractPrice._ ARTICLE 12--CHANGE OF CONTRACT UMFS 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 (bin in no event later than thirty days) alter the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice ol'the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless FNCINFER allows additional time to ascertain more accurate data in support of the claim) and shall be ac ce"' led by the claimant's written statement that the adjusgnent 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 FNGINFFR 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 elms 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 pan 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 last due to such delay if a claim is made therefor as provided in perugrapph 12.1. Delays beyond the control of COvTR4CfOR shall include, but not be limited to, acts or neglect by OW'NFR, acts or neglect of utility owner: or other contractors performing other work as contemplated by Article 7, rues, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier stall be deemed to be delays within the control of CONTR ACTOR 12A, Where CONTRACTOR is prevented from completing any part of the Work within the Contact T imes (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an exterinim of the Contract Tunes (or Milestones) in an amount eeqqual to the time lost due to such delay shall be CONTRACT ORs, 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 ent of arty of them, for damages arising coesult t of or ring liom (t) delays caused by or within the control of the CONTRACTOR, or (it) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contradors performing other wok as contemplated by Article 7. ARTICLE 13--TM8 ANO INSTF:CTIONS: CORRECTION, REMOVAL. OR ACCEPTANCE OF DEFEGTII7: WORK 13.1. ,Notice of Defects: Prompt notice of all defective Work of which OWNER or hN,GINEER have actual knowledge will be given to CONTRACTOR All defective Work may be re'iccted, corrected or accepted as provided in this Article 13. Access to A'ork: 13.2. OWNER ENGINEER. 1NGI NEERs Consultants. other representatives and personnel of OWNER independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reeslwHIWe—limes 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 (nq)erdions 133. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall o Dupemtc with inspection and testing personnel to facilitate required inspection 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: 134.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspectios conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13 43. as otherwise sTecifically reuvided 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 impeded 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 ENGIN}::ER the required certificates of inspection, or approval. CO,N'TRACTOR shall also be reqwnstble for arranging and obtaining and shall pay all costs in connection with any inupoauorm tests or approvals required for OWNERS and liNGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix design, or equipment submittal 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 cxrnunTonce of ENGINEER, it must; if requested by ETIGINEER, 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 no acted with reasonable promptness in response to such notice. Gncm•enng Work: 13-5_ If arw Work is covered contrary to the written request of ENGINEER, it must, if requested by ENG INT ,R, be uncovered for ENGINLZ R's observation and replaced at CONTRACTOR's expense. 139_ If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR at ENGINEEWs 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. oosts. losses and damages caused by, aril out of or resulting from such unoovering, 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 stall be entitled to an appropriate decrease in the Contract Rice, and if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article I I. If however, such Work is not found to be ckfeetive, CONTRACTOR shall be allowed an increase in the Contract Rice or an extension of the Contract Times (o Milestones), or bah, directly attributable to such EXW GENERAL COM1110M 191" (1990 E(Wm) 27 WICITY Or FORT COLLINS MOMFI CATIONS ft-V 40ODa) uncovering eyxutue. obsa-vation, inspection. testing. replacement and reconstruction, and, if the parties are unable to agree as to the amount or extent thercoi CONTRACTOR may make a claim therefor as provided in Articles I and 12, OIVNER Har Stop the Work: 13.10- if the Work is defective, or CONTRACTOR Fails to supply st Ilician skilled workers or suitable materials or cxpuipment, 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 fa such order has been eliminated; however, this right of OWNER to stopp the Work shall not give rise to any duty on the pan of O14NER to exercise this right for the berhefit of CONTRACTOR or any surety or other party. Cotrection err Removal of Defeedve Rork. 1 3-11- If require] by ENGINEER, CONTRACTOR shall promptly, as directed either correct all defective Work, whether or not fabricated, installed or compieted, or, if the Work has been rclected by ENGINEER, remove it frm the site and replace it with Work that is not defective. C'ON TRACTOR- Bail pay all claims, casts, losses and damages caused by a 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 1.1f within one-year two., years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulation or by the terns of am ap plica'6le special guarantee required by the Cottraci Documents or by any specific provision of the Cortna:t Documents, any Work is found to be Jt fectrve, CONTRACTOR shall promptly, without cast to OW'N7ER and in accordance with OWNER's written instructions: (i) correct such kfecdve Work, or, if it has been rejected by OWNER, remove it from the site and replace it wide Work that is not defective, and (ii) satisfactorily oxw t or remove and replaceany 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 loos or damage, OWNER may have the nkkfectrve Work corrected or the rejected Wok 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 oust of repair or replacement of work of others) will be plaid by CONTRACTOR.. 13.13.2 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 scan to nun from an earlier date if so provided in the Specifications or by Written Amendment. 11123 Where defeefive Wok (and damage to other WDC OENER.AL C OMM'110M 1910-a 11990 Edaim) ,max cot 0 rY OF FORT cottm MODIFICATIONS (REV 412000) 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 urasyeFv two years after such correction or removal and replacement has been satisfactorily completed. Acceptance ofDefectity Rork: 13.13. 1C instead of requiring correction or removal and replacement of defective Work. OWNT-R (and, prior to ENGINMR's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all cleans costs, losses Slid damages attributable to OWNER's evaluation of and determination to accuepptt such defective Work (such cmts to be approval by ENMG EER as to rwwrabhaneas). if any such acceptance oocurs prior to E;IGINEER's recommendation of final payment- a Change Order will be issued incorporating the necessary revisions in the Coffimet Documens with respect to the Work; and OWNER shall he emitted to an AWnpriate 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. If the acceptance occurs after such recommendation, an appropriate amount will be paid IV CONTRACTOR to OWNER OWNER May Correa Defective Rork: 13.14, if CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct dgicthv Work or to remove and replace rejected Work as required hY ENGINEER in accordance with paragraph 1.3.11, or if CONTRACTOR fails to perform the Work in accordance with the Contact Documents, or if CONTRACTOR tails to comply with any otter provision of the Contract Documents, OWNER may. after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency, In exercising the riglas 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 pan of the Work, and suspend CONTRACTORS services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machnery 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 elsewixre. CONTRACTOR shall allow OWNER, OWNER's representatives. agents and employees. OWNER's other contractors and ENGINEER and rN0INEEERs Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, coals, losses and damages incurred or sustained by OWNER in exercising such rights anti remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revision in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Pries- and, if the pies are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Anicle 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 CONTRACPOR's defective Work CONTRACTOR shall not be allowed an emersion of the Contract Times for Milestones) hecausa of any delay in performance of the Work attributable to the exercise by OWNER of OW'I ER's rights and remedies hereunder. ARTICLE I4—P.AIT.IENTSTOCONTRACTOR iND COMPLETION Schedule of I'aAees. 141. The schedule of values established as provided in paragraph 29 will serve as the basis for progress payments and will he incorporated into a form of .application for Payment acceptable to ENGINEER. Progress payments on account of Linn Price Wort, mall he based on the number of emits completed. .4M&ahon for Progress Payment 142 At least twenty days before the date establisher) for each progress payment (but not more often than once a month), CONTRACTOR stall submit to ENGL'v'EER fix review an Application fix Payment filled out and signed by CONTRACTOR covering t(me Work completed as of the date of the Application and accompaniod by such supporting documentation as is required Ir, die 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 anther location agreed to in writing the Application for Payment shall also be accompanied by a bill of safe. invoice or otiroer dooatmenmbom 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 OW'NER's interest therein, all of which will be satisfactory to OWNER. The amount of retaimrge with respect to progress payments will be as stipulated in the. Agreement Any funds ihat are withheld by Jhe OW"vT;N shall not be subject to substitution by the CONTRACTOR with securities or any Fmrrangzments,mvQlying an esaow vx camslodiansiup Ts} yxecuyragrihe..apphw.tiun krpayment Corm the CONTRACTOR expressly waives his Tight to the benefits of Colorado Revised Statutes. Section 24-91,-101, et sea. CONTRACTOR's li'ar7agv of Title. 14.3. CONTRACTOR w:mrrm is and guarantees that title to all Work, materials aril equipment covered by am Application for Payment, whether incorporated in the Project or nor, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review ofApplicntims for Progress Payment 14.4, ENGINEER will within ten days after receipt of each Application for Payment• either indicate in writing a FJCDCOENMALCONIXTIONR 1910S (1790 Edaim) w; ciTY or rO ti, (x- tuNs momri C'ATION5 rREd 4G0W) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommendpayment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after preservation of the Application for Payment to OWNER with 1NOINEER'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, ENGINFhR's recommendation of any payment requested in Oar Application for Payment will constitute a represerrcatim by ENGINEER to OWNER, based on fiNGiNEER's o i site observations of the executed Work as an experienced and qualified design professional and on ENGiN ,ER's review of the Application fox Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.51. the Work has progressed to the point indicated, 14.52. the quality of the Work is generally in accordance with the Contmet 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 [flit Price Wale under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent In CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i)exhaustive or continuous onsiw inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract D moumems or (ii) tint them may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additiawily by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6 ENGINEER's recommendation of any payment, moluding final payment, shall not mean that ENGINEER is responsible for CONTRACTORS means, medaxds, techniques• sequences or procedures of construction, or the safety precautions and prngmins incident thereto, or for any failure of CONTRACTOR to comply, with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Wok in accordance with the Contract Documents 14.7. ENGINEER may refuse to recommend the whole or any part of any payment ill in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 145. ENGINIiER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or testis, nullify any such payment previously recommended, to such extent us may be necessary in FNGINEER's opinion to Protect OW'NFR from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72. 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 132.1 diro4gh I52.4 inclusive. OWNER may refuse to make paynwnt of the full amount recommended by ENGINEER because- 14.7.5. claims have been made against OWNER on account of C'ONTRACTOR's performance or furnishing of the Work, 14.7.&. Liens have been filed in c:ormection with die Work, ctapt where CONTRACTOR has delivered a specific i3ond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.T7. thereare other items entitling OWNER to a sc- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the evens enumerated in paragraphs 14.7.1 through 14.7 3 or paragraphs 15:2.1 through 15.2.4 inclusive, but 0WNER must give CONTRACTOR immediate written notice (with a copy to F.NGTNFF,R) 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 carets to OWNER's satisfaction the reasons for such action 5kbMandaf Compktionr: 14.8. When CONTRACTOR considers the entire Work ready for is interdai use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Wok 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. 0WNI E R, CONTRACTOR and ENGINEF R shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially compkte, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. if ENGINEER 30 EXTC00*XALMNDl710NS 1910E 09'w Fkaa) w! CITY OFAO[tT CX UNS MODIFICATIONS OUN anaav) oonsclers 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 %ha0 be attached to the ccrtificate 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, alter c mderin$ such objections, LNGINEER concludes that the Work is rev>t substantially complele, ENGINEER will within fourteen days after submission of the tentative oerh irate to ORNF.R notify CONTRACTOR in writing sating the reasons thxrefur. If, after consideration of OWNER's objections. ENGiEER considers the Work substantially complete, 1's\'(;MF.R will within said fourteen days execute umf deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a raised tentative fist of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after coisidemnon of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion FNGINFER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNt'R and CONTRACTOR with respect to xcurity, era option, safety, maintenance, lheat, utilities, insurance and warranties and guarantees. Unless OWNER and C0N I RAC"TOR agree otherwise in writing and so inform ENGINF,FR in writing prior to ENGiNFER's issuing the definitive certificate of Substantial Completion, ENGINFER's aformmd recommendation will be binding on OWNER and C0NTRACTOR until final payment 149OWNER 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 cm the tentative list. Partial L'dGuadon: 1410, Use by OWNER at 0WTERs option of arty substantially completed pan of the Work, which (i) has specifically been identified in the Contract Documents, or (n)OWNER, ENGINUR and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without sign»ficantinterference 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. 14101,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 is 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 Week is mbsamially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notity OWNER and ENIGM.'M in writing that COTfrRACTOR considers any such part of the Work ready for its intended use and substantially complete and request e.4GINEER 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 Ec'NGINEER does not «insider that part of the Work to be substantially oomplete, ENGINEER will nonifv OWNER and CONTRACTOR in writing giving the rea-inns therefor, If ENGINEER considers that part of the Work to be substantially complete, the provisions of pamgmphs 14.9 and 14.9 will "Iy 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, Find Inspecdon: 14.11. Upon written notice from c omrizACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final with OWNER and CONTRACTOR and will notiyetCONTRAC'COR in writing of all particulate 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. FinafAppficarion for Papment. I4.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Docurents all maintenance and operating instructions, schedules, guarantees, Bands, certificates or other evidence of insurance required by paragraph 5A, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documems, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except its eviously delivered) by: (i)all documentation called far in the Contract Documents, Including but not limited to the evidence of insurance required by subparagraph 5-4,13, (ii) consent of the surety, it any, to first payment, and (iir) 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: () the releases and receipts include all labia, 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 EKDC GENERALMUT70M 1910-9 (1990 Edaim) wl C11Y OF FORTCOLUM MODIFICAMNs (REV •1I1000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bend or other collateral satisfactory to OWNER to indemnity OANTER against any Lien. Releases or waivers of liens and the consent of the surety to finalize pavmart are to be submitted on fors confomtina to the format of the OWNER'S standard forms bound in the Pro1ey.marrual.. Final Payment andAcceptanee. 14,13, If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and fiNGUaEER's review of the final Application n x payment and accompanying documemation as required by the Contract Documents, SNGINEFR is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documers have been fulfilled UNGINFER 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 HNGINFFR will also give written nonce to OWNFR and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, E"NGINFF.,R will return the Application to CONTRACTOR, indicating in writing die reasons fa refusing to recommend final payment.. in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation io OWNER of the Application and accompanying documentation in appropriate form and athstance and with ENGINFER's recommendation and notice of acceptability, the amount reecimmeided by ENGINEER will biom e due and will he paid by OWNER to CONTRACTOR su cq W paragraph 176' of these Cteltefftl.ConAlions. 14.14. Ile through no fault of CONTRACTOR final completion of the Work is signs icanlly delayed and if ENGINEER so confirms, OWNER stall, upon rxeipt of CONTRACTOR's final Application few Payment and recommendation of ENGINEER, ail without terminating the Agreement, make payment of the balance due for that portion of the Work fully ompleted and accepted. Tf the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been fiurtished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Wok tully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment Such payment shalt be made under the tents and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. Tare making and acceptance of final payment will constitute: 14.15,1,a waiver of all claims by OWNER against CONTRACTOR except clanms arising from unsettled Liens, from defecrtve Work appearing after 6029 Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT Miscellaneous Quantities: - Contract Bond 625-01 Construction Surveying 626-01 Mobilization Bid Total in Words CONTRACTOR: (Please Print) BY: Signature Title Address Date Addendum 1 Revised BID SCHEDULE CONSTRUCTION YEAR: 2007 I QUANTITY I UNIT I UNIT COST Subtotal Lanscaping Quantities: 1 LS 1 LS 1 LS Subtotal Drake/Ziegler Phase II Misc. Quantities: Total Main Project, Landscaping and Misc. Quantities: DOLLARS final inspection pursuant to pamgnaph 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 I SUSPENSION OF WORK AND '1'MMINA'TION 0WNER May Saspend Work: 15.1. At any time and without cause. OWNER may suspend the Work or airy 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 he allowed an adjustment in the Contract Price or an extension of the Contract Times, or both directly attributable to any such suspension if C:.ONTRAC.I.OR 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.l _ if CONIR.'tCTOR persistently fails to pertomi the Woric in accordance with the Contract Documents (includ ng, 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 29 as adjusted from time to time pursuant to paragraph 6.6); 1522 if CONTRACTOR disregards Laws or Regulations of any public body having jurisxliction; 15,23 if CON'TRA('TOR disregards the authority of ENGINEEHR; 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 Wok and of all CONTRACTOR's tuuls, appliances, construction equipment and machinery at the site arid use the same to the full eaem they could be used by CONTRACTOR (without liability to CONTRACTOR for tresp&% or con•ersion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid 5JC'DC CIE'NHRAL MM1110M 191" (19" Mimi32 w1a IT OFFORTC01.11NS MODIFICA'TIONS(M 4t2rxio? CONTRACTOR but which are stored elsewhere, mid finish the Work as OWNER may deem expedient in such case CONTRACTOR shall nut be entitled to receive any further payment until the Work is ftmshed. If the unpaid balance of the Contract Price exceeds all claims, costs. lenses 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 claim& costs. losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINFFR incorporated in a Change Order, provided t6t 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 ('ONTRA(,TOR by OWNER will nx release CONTRACTOR from liability, 15A. Upon seven days' wntten notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right of 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 at such Work; 15.4.2for expenses sustained prior to the eflectve 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; 15.43, for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others, and 15A4. for reasonable expenses directly annbtimble to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or Other economic toss arising out of or resulting firnn such termination CONTRACTOR May Stop Work or Teminate.! 15.5. 1f through no actor 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 ENiJI EER, and provided OVVNTFR 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 pamgmph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act ort an Application for Payment within thirty days after it is submitted, or OWNER has failed for thmv days to pa y CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and IN(' INI+,R stop the Work until royment of all such amounts due CONTRACTOR, inducloig interest therein The provisions of this romgaph 15.5 are not Intended to preclude C:OiY'fR.4C'I'OR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage dioctly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE KN_"V0I,117ION 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 andprocedure, if any, III be as set forth in Exhibit GC -A, 'Dispute Resolution Agreement', to be attached hereto and made a pan hereof It' 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—M SCELLANFOUS Giving Nodee. 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 whoa 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. ComputWion 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 he omitted from the comlwtation. 1722 A calendar day of twenty-four boors measured from midnight to the next midnight will constitute a day. Notice ofChdm: 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 cx others for whose acts the other party is legally liable. claim will be made in writing to the Other patty wilin a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 173 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute Of limitations or reposr.0 umptat6 a Remed fes 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hscto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs 61 ^_, 6.16, 630, 6.31, 6.32, 13.1, 13.11 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNF,R 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 he as effective as itrepeated specifically in the Contract Documents in cmoa-tion with each particular duty, obligation, right and remedy to which they apply, Projesvonal Feas and Court CaM Include& 175. Whenever reference is made to "claims, exists, losses and damages% it shall include in each case, but not be limited to, all fees and char;es of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs ,7.0Tip ih£SLe sF Csls�a� auuh IQ _16i� Aeemen} _12pterence to two perti Coloredna statutes are as follows 176' if a claim is filed OWNER is muffed by law (CRS 38-26-107) to withhold from all mtyments to CONTRACTOR suttrcicra funds to inpircthe pa�pe�nt of all_cl�ims_for labor matcria team__t1T—c, sustenanceonwistm provenkr or other suppI used or consumed by CONTRACTOR or his EYMCOENERALCONDITIO s191t)a(IME(Iem) 33 wl CITY OF FORT IXiLU M MODIFI CATIONS nRfiti 412600) 34 WDCM-NERAL("�idiMOM 191M(I"OE(iiim) wl aTY OF FORT ('OLLI M3 MODIFICATIONS (kFV 4/2000) (This page left blank intentionally) EJCPC. (3FNERAL COMT10NS 1910811990 FAtim) 35 WICITY OF FORT COLLINS M0111FICATIONS (REV V2000) 36 F.1CUC( NEKALCo NM11OM 191"(1990L'dum) wy (I I'Y OF FORT COLLINS MODI )CATIONTS MEV 4aWW EXHIBIT GC -A to General Conditions of the Construction Contract Behreen OWNER and CONTRACTOR DISPUTE RESOLUTION AGRE-IMENT OWNrR and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWN1dR and CONTRACTOR is amended to include the following, agreement of the parties. 16.1, All claims, disputes and Otter maners in question between OWNER and CONTRACTOR arising out of or relating to the Contract I)ocaments 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 drain* subject to the- limitations of the Article 16. 'this agreement so to arbitrate and any other agreement or consent to art trate entered into in accordance herewith as twovided in this Article 16 will be .pacifically enforceahle under the prevailing law of any coot 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 no been rendered by ENGINEER before that date. No dcmand for arbitration of any such claim, dispute or other matter will be made later than thirty days after die date on which ENIGINNER has rendered a written decision in respect thereof in accordance with paragraph 9,1 I: and the failure to demand arbitration within said thirty dayg period will result in ENGLNTER's decision being final and binding upon OWNER and CONTRACTOR If ENGINT[R renders a decision after arbitration proceedings have been initiated; such decision may he entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concemed. No demand for arbitration of any written decision of INGMT.R rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 910, 16.3, Notice of the demand for arbitration will he 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 thinyday or tenalay period specified in paragraph 16.2 as applicable, and in all outer cases withm a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shill any such demand be made after the date o)tnen institution of legal or eqmatter in question would proceedings based on such claim, dispute or other ould be barred by- the applicable statute of limitations. 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 master 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 1642 such other person or entity is suhstantially ion olvel in a question of law or fact which is cottmon to those who are already parties. to the arbitration and which will arise in such prmeeedmgs, and 16.4.3- the written consent of the other person or entity sought to be included and of OWNER and C'ONTRA(-fOR has been obtained for such inclusion, which consent shall make specific reference to this pnmgmph, but no such consent shall constitute consent m arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.3, Notwithstanding paragraph 16,4, if a claim, diy)ute or other matter in question between OW'NFR. and CONTRACTOR involves the Work of a Subeararactcr. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONfRA('TOR hereunder. CON'fR0.C'1'OR 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 involy* 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 011T1ER, ENGINEER or I.vNG LNIEBR's Consultants that does not otherwise exist. 16.6, The award rendered by the arbitrators will be final, judgment may he entered upon it in any court having jurtsdidnon Oureok 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 clams, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ('disputes'l to mediation IN 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 mcdiauon within those same applicable time limits and shall remain suspended until ten rays niter the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement she II not serve as arbitrator of such dispute unless otherwise agreed. EICVC OWERAl. C'ONDt'17ONS 1910.81199n E6ttmi 1 OCytl wl CITY OF FORT COLUNS MODIFICATIONS iRF.N W99) F1CDC GENMAL CONDMONS 1910.8 (1 "0 F46,M) wi CITY OFFOAT COLLINS MODIFICATIONS (REV 9194) GGAI SE SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL) . SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule 0 days lost due to abnormal weather conditions. 7/96 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment 9/99 cn a+ m m m N m N N cp DRAKE-ZEIGLER PHASE 2 IMPROVEMENT PROJECT Pre-Construotbn Meeting Sign In Sheet Thursday, February 15, 2W NAME., TITLE. COMPANY: MOBILE*: OFFICEi_ EMAIL ADDRESS: 'e.�k� S er••': e.. f<<++.. Co -.sr ��-3f$-3�59 70 :2zc.-V�� IYe1-� /o.. �_., I�wK �k��n ` m �o✓s R�Q--5ra0fo ?o - 2�cR +�v'r St�iits dn[.Csu� rr U [3•"�?� o Jz c- 2-0�� t-(� l0 S /Lt t39J�Li RG�roal. . P—mt- Y V•. 'w/�hl�+✓ IVO! 1 �i0 —10 1— 7- .M O✓� C'✓GiVY r.a o&-; SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 9. 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 % OF THIS CHANGE ORDER TOTAL C.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: 9/99 Section 00950 Page 1 SPrtinn nngAn APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Net Change by Change Order $0.00 Current contract Amount: Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: Less Retainage: AMOUNT DUE THIS APPLICATION: 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: 9/997/96 Section 00960 Page 1 $0.00 $0.00 $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit Number Description Quantity Units Price Amount Qty. 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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $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 $0.00 7/96 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 7/96 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 7/96 Section 00960 Page 4 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 DRAKE/ZIEGLER IMPROVEMENT PROJECT PHASE II The Engineers Joint Contract Documents Committee General Conditions govern the construction of this contract. The following General Requirements supplement these General Conditions. PROJECT GENERAL REQUIREMENTS TABLE OF CONTENTS SECTION PAGE 01010 SUMMARY OF WORK............................................................................................ General Reqs. 2-3 01040 COORDINATION..................................................................................................... General Reqs. 4-5 01310 CONSTRUCTION SCHEDULES............................................................................. General Reqs. 6-7 01330 SURVEY DATA — (Owner Supplied)....................................................................... General Reqs. 8 01340 SHOP DRAWINGS................................................................................................... General Reqs. 9-11 01410 TESTING................................................................................................................... General Reqs. 12-13 01510 TEMPORARY UTILIITIES...................................................................................... General Reqs. 14 01560 TEMPORARY CONTROL....................................................................................... General Reqs. 15-16 01570 TREE PROTECTION............................................................................................... General Reqs. 17-18 01580 TRAFFIC REGULATION — (City of Fort Collins Supplied) ................................... General Reqs. 19-20 01700 CONTRACT CLOSEOUT........................................................................................ General Reqs. 21 01711 SITE CLEANUP....................................................................................................... General Reqs. 22 01720 PROJECT RECORD DOCUMENTS....................................................................... General Reqs. 23 C:\DOCUME—I\cpattcn\LOCALS—I\Temp\Drake Ziegler General Specs.doe General Reqs. - l Drake/Ziegler Improvement Project Phase It SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK Date: December 27, 2006 A. The Work shall consist of the construction of the outlined improvements: BID NO. 6029 Drake/Ziegler Improvement Project Phase II The second phase of construction will complete the drainage improvements necessary to realign Ziegler Road to the west side of the Fossil Creek Reservoir Inlet Ditch, to replace the existing substandard County Road -9 ( County Road #9 is now named Ziegler Road). This project also includes an Outfall Channel for the stormwater detention from the Rigden Pond 216 to the Poudre River (approx. 7200 LF) and includes two 48" Siphon Pipes across the Boxelder ditch, FICRD ditch and County Road 9. The Project also includes a 20'X7'X184' Cast -in -Place Box Culvert over the FICRD Ditch. Staff as also coordinated with this project the installation of a 30" Sanitary Sewer Line that will be constructed by the City's Water and Waste Water Utility contractor. Excess dirt for the Outfall channel will be hauled over to the roadway and placed as Embankment from the end of Drake Road at Environmental Drive south 4200 feet to Horsetooth Road in preparation for the Third phase that will complete the arterial roadway at a later date. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. 2. Restore all areas disturbed to match surrounding surface conditions. 3. The Owners Field Representative must approve the condition of all replaced and/or restored areas prior to final payment. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative. A. Notify private owners of adjacent properties, utilities, irrigation canals, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items, which would affect their daily operation. E. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. C:\DOCUME—I\cpattcmLOCALS—I \Temp\Drake Ziegler General Specs.doc General Reqs. - 2 Drake/Ziegler Improvement Project Phase lI Date: December 27, 2006 UTILITIES Water: City of Fort Collins, Colorado 221-6681 Fort Collins -Loveland Water District 226-3104 Storm Sewer: City of Fort Collins, Colorado 221-6589 Sanitary Sewer: City of Fort Collins, Colorado 221-6681 Electric: City of Fort Collins, Colorado 221-6700 Gas/Electric: Xcel Energies 225-7847 Telephone: Qwest Communications 377-6401 Traffic Operations: City of Ft. Collins, Colorado 221-6630 Cable Television: Comcast 493-7400 Electric: Poudre Valley REA 226-1234 Utility Locates Under A One -call @ system 1-800-922-1987 FCRID Ditch Rider North Poudre Irrigation Company 568-3612 Box Elder Ditch Rider Box Elder Ditch Company 482-3067 AGENCIES Occupational Safety & Health Administration (OSHA): 844-3061 Poudre Fire Authority Non -Emergency: 221-6581 Emergency: 911 City of Fort Collins Police Department Non -Emergency: 221-6550 Emergency: 911 Larimer County Sheriffs Department Non -Emergency: 221-7177 Emergency: 911 Postmaster: US Postal Service Judith Robertson: 225-4111 Ambulance: Poudre Valley Hospital Non -Emergency: 484-1227 Emergency: 911 Transportation: Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION C:\DOCUME—I\cpatters\LOCALS—I\Temp\Drake Ziegler Gcneral Specs.doe General Reqs. - 3 Drake/Ziegler Improvement Project Phase 11 SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES Date: December 27, 2006 A. Coordinate operations under contract in a manner, which will facilitate progress of the Work. The Contractor shall also coordinate with the Utility Companies and City Traffic Department whose Work is separate from the General Contractor's contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. To work with the local fire and police departments to ensure the traffic control plan is followed in emergency situations with no exceptions of disruption to traffic flow. E. Keep traffic areas and temporary residential accesses free of excavated material, construction equipment, pipe and other material and equipment. F. Keep fire hydrants and utility control valves free from obstruction and available for use at all times. G. Conduct operations in a manner to avoid unnecessary interference with public and private roads and drives. H. Provide and maintain temporary approaches or crossings at streets and residences. 1.2 SCHEDULE AND MILESTONES The Contractor shall submit a detailed project schedule showing milestones and the critical path for Drake/Ziegler Improvement Project Phase II 2007. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. 1.3 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. 3. Contractor shall submit in writing proposed daily construction hours to Engineer for approval. 4. Contractor shall designate all access roads and parking areas in writing to the Engineer for approval. 5. The Engineer shall invite all utility and irrigation companies involved. 6. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 7. The Engineer shall introduce the Project Representatives. 8. At this time the superintendent will be expected to show that he has sufficient knowledge of the specifications and plans to orchestrate and coordinate the construction actives for this job. C:\DOCUME—I\cpattem\LOCALS—I\Temp\Drake Ziegler General Specs.doe General Reqs. - 4 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. The Engineer may hold coordination conferences, to be attended by all parties involved, when the Contractor's operations affect, or are affected by, the work of others. I. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. 1.4 PROGRESS MEETINGS A. Contractor and Project Manager shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. 3. Engineer and Project Manager. 4. Others as may be requested by Contractor, Engineer or Owner. C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. 5. Review Milestone Schedule. 6. Discuss the work scheduled for the next two weeks. 7. Discuss the surveying needed for the next week. D. The Engineer or a Project Representative shall preside at meetings and record and distribute minutes to the participants. E. The Engineer or Engineer's Field Representative and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION C:\DOCUM E-1 \cpattcrs\LOCALS— I \Temp\Drake Ziegler General Specs.doc General Reqs. - 5 DRAKE-ZEIGLER PHASE 2 IMPROVEMENT PROJECT m Pre -Construction Meeting Sign to Sheet m Thursday, February 15, 2007 m Qi m M1 m 0 N m N N m KAME_ TITLE:COMPANY: MOBILES: OFRC£i: EMAIL ADDRESS: -Sco f1ty-16em TA5T. W69L . A"1 I' 72, 3-/14140 -7zo-13'6- 8%7 jgre;,.&e.r1{ wW;ce6 .com Seta' Ga�S SuP-r EBR e1.lt._ '120 �33 8$87 ,Ad SGNRAlI1EYE�. pptlM a'INl JiIM �.&kkch.1 )Fx--..mar 'L6-C�41-�$Oq "0. -"I" F rs}a¢v rckmmaye F-J,J WOA4 CAW co-N Ake fan [yt I Pm M[LIinc • 1108-157-79I9 33-Yes-7fq( MLON&e i✓ it c.wAj cF st k++r (6j Po ;'kC -y5z.b q u O i ,ar- bD MCMuCYQvt EST 9w5 - g5•21 a �e crhl ne e IHw�etic. 8 i�-Tswin `.. t. CV t 5 �\�- : `t-ID-S -070 4'lo-SE`r-I.syZ A/ W 05 J of `fib olal� L 77 5 Avk/ a `r40 c 7 .S3' -it)o -3 e c bA) Dlfug�g-= 4170 316-3403 IM tS4 S 1NA&61-e, R Drake/Ziegler Improvement Project Phase 11 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL Date: December 27, 2006 A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre -construction conference. This schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 2. The contractor will be required to submit a weekly progress schedule showing work to be completed, labor, equipment, work hours and methods of construction for the up coming week. This schedule will be required every Thursday in a daily calendar format. C. The schedule must show how the street, storm sewer, concrete and paving work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. 3. Show project milestones. B. Equipment, Materials and Submittals schedule. 1. Show delivery status of critical and major items of equipment and materials. 2. Include a critical path schedule for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. C:\DOCUME-1\cpatters\LOCALS-I\Temp\Drake Ziegler General Specs.doe General Reqs. - 6 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 1.5 OWNER'S RESPONSIBILITY A. Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. END OF SECTION C:\DOCUME-1\epattemTOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. - 7 Drake/Ziegler Improvement Project Phase 11 SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS Date: December 27, 2006 A. The Owner will not provide the construction surveying for the Project. The Contractor will be responsible to provide the surveying required on this project. B. The Owner will make the projects CAD drawings available to the Contractor upon request. 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 must submit a survey request to the Surveyors a minimum of 48 hours prior to needing surveying work done. END OF SECTION C:\DOCUME—I\cpatters\LOCALS—I\Temp\Drake Ziegler General Spees.doc General Reqs. - 8 Drake/Ziegler Improvement Project Phase II SECTION 01340 SHOP DRAWINGS 1.1 GENERAL Date: December 27, 2006 A. Submit Shop Drawings, Samples, and other submittals as required by individual specification sections. 1. The Engineer will not accept Shop Drawings or other submittals from anyone but the Contractor. B. Schedule: Reference Section 01310, Construction Schedules. Submittals received by the Engineer prior to the time set forth in the approved schedule will be reviewed at any time convenient to the Engineer before the time required by the schedule. C. Any need for more than one resubmission, or any other delay in obtaining the Engineer's review of submittals, will not entitle the Contractor to an extension of the Contract Time, unless delay of the Work is directly caused by failure of the Engineer to return any scheduled submittal within 10 days after receipt in his office of all information required for review of the submittals or for any other reason which prevents the Engineer's timely review. Failure of Contractor to coordinate submittals that must be reviewed together will not entitle the Contractor to an extension of Contract Time or an increase in Contract Price, D. Resubmit a corrected submittal if errors are discovered during manufacture or fabrication. E. Do not use materials or equipment for which Shop Drawings or samples are required until such submittals, stamped by the Contractor and properly marked by the Engineer, are at the site and available to workmen. F. Only use Shop Drawings which bear Engineer's mark "NO EXCEPTION TAKEN" in the performance of the Work. Review status designations listed on Engineer's submittal review stamp are defined as follows: 1. NO EXCEPTION TAKEN Signifies material or equipment represented by the submittal conforms to the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work. Contractor is to proceed with fabrication or procurement of the items and with related work. Copies of the submittal are to be transmitted for final distribution. 2. REVISE AS NOTED Signifies material or equipment represented by the submittal conforms to the design concept, complies with the information given in the Contract Documents and is acceptable for incorporation in the Work in accordance with Engineer's notations. Contractor is to proceed with the Work in accordance with Engineer's notations and is to submit a revised submittal responsive to notations marked on the returned submittal or written in the letter of transmittal. 3. REJECTED Signifies material or equipment represented by the submittal does not conform to the design concept or comply with the information given in the Contract Documents and is not acceptable for use in the Work. Contractor is to submit submittals responsive to the Contract Documents. 4. FOR REFERENCE ONLY C:\DOCUME—I\epatters\LOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. - 9 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 Signifies submittals which are for supplementary information only; pamphlets, general information sheets, catalog cuts, standard sheets, bulletins and similar data, all of which are useful to Engineer or Owner in design, operation, or maintenance. But these submittals do not constitute a basis for determining that items represented thereby conform to the design concept or comply with the information given in the Contract Document. The Engineer reviews such submittals for general information, but not for substance. 1.2 SUBMITTAL REGISTER A. The Contractor shall complete the Submittal Register and submit with the Final Construction Schedule submittal. The Contractor must resubmit an updated Submittal Register with each application for progress payment. A format of the Submittal Register is provided below, Contractor should reproduce this format, (or an approved alternate) for this register. B. Instructions for Completing the Submittal Register: Column 1: References, specification section, and paragraph in which submittal is requested. This will be done for each item of equipment or material. Column 2: Describe types of submittal required, i.e., shop drawing, certificate, etc. Column 3: List the material or item for which submittal is required. Column 4: Contractor shall provide the date that he intends to make each submittal. Column 5: Contractor shall provide that date by which each submittal must be approved to accomplish timely incorporation into the project. Column 6: Contractor shall provide the mailing date of the initial submittal made to the Owner. Column 7: Contractor shall record the review action of the Owner to the last submittal for the item, equipment, or material. Column 8: Contractor shall record the mailing date of subsequent submittal for each item, equipment, and material until submittal is accepted by Owner. Column 9: Contractor may record remarks as necessary to coordinate with other submittal or provide necessary information. 1.3 SHOP DRAWINGS A. Include the following information as required to define each item proposed to be furnished. 1. Detailed installation drawings showing foundation details and clearances required for construction. 2. Relation to adjacent or critical features of the Work or materials. 3. Field dimensions, clearly identified as such. 4. Applicable standards, such as ASTM or Federal Specification numbers. 5. Drawings, catalogs or parts thereof, manufacturer's specifications and data, instructions, performance characteristics and capacities, and other information specified or necessary: a. For Engineer to determine that the materials and equipment conform to the design concept and comply with the intent of the Contract Documents. b. For the proper erection, installation, and maintenance of the materials and equipment which Engineer will review for general information but not for substance. c. For Engineer to determine what supports, anchorages, structural details, connections and services are required for materials and equipment, and the effect on contiguous or related structures, materials and equipment. 6. Complete dimensions, clearances required, design criteria, materials of construction and the like to enable Engineer to review the information effectively. B. Manufacturer's standard drawings, schematics and diagrams: 1. Delete information not applicable to the Work. 2. Supplement standard information to provide information specifically applicable to the Work. C:\DOCUME-1\epatters\LOCALS—I\Temp\Drake Ziegler Gencral Specs.doc General Reqs. -10 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 C. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 '/2" x 11 ". 3. Clearly mark each copy to identify pertinent products and models. 4. Individually annotate standard drawings, which are furnished, cross out items that do not apply, describe exactly which parts of the drawing apply to the equipment being furnished. 5. Individually annotate catalog sheets to identify applicable items. 6. Reproduction or copies of portions of Contract Documents: a. Not acceptable as complete fabrication or erection drawings. b. Acceptable when used as a drawing upon which to indicate information on erection or to identify detail drawings. 7. Clearly identify the following: a. Date of submission. b. Project title and number. c. Names of Contractor, Supplier and Manufacturer. d. Specification section number, specification article number for which items apply, intended use of item in the work, and equipment designation. e. Identify details by reference to sheet, detail, and schedule or room numbers shown in the Contract Documents. f Deviations from Contract Documents. g. Revisions on re -submittals. h. Contractor's stamp, initialed or signed, certifying the review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and the Contract Documents. 1.4 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Minimum number required: 1. Shop Drawings. a. Three (3) copies minimum, two (2) copies which will be retained by Engineer. 1.5 RESUBMISSION REQUIREMENTS A. Make corrections or changes required by Engineer and resubmit until accepted. B. In writing, call Engineer's attention to deviations that the submittal may have from the Contract Documents. C. In writing, call specific attention to revisions other than those called for by Engineer on previous submissions. D. Shop Drawings 1. Include additional drawings that may be required to show essential details of any changes proposed by Contractor along with required wiring and piping layouts. END OF SECTION C:\DOCUME-1\epatters\LOCALS--I\Temp\Drake Ziegler General Specs.doc General Reqs. - 11 Drake/Ziegler Improvement Project Phase 11 SECTION 01410 TESTING 1.1 GENERAL Date: December27,2006 A. Provide such equipment and facilities as the Engineer may require 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 are found to be acceptable. Any product, which becomes unfit for use after approval hereof, shall not be incorporated into the work. B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. 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). D. Where additional or specified 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. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: I. Soil tests, except those called for under Submittals thereof. 2. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. 3. Concrete tests, except those called for under Submittals thereof. 4. Asphalt tests, except those called for under Submittals thereof. 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, the Contractor shall also be responsible for the following: 1. All performance and field testing specifically called for by the specifications. 2. All re -testing for Work or materials found defective or unsatisfactory, including tests covered under section 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. Q\DOCUME—I\cpatters\LOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. -12 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. The control shall be established for all construction except where the Contract Documents provide for specific compliance tests by testing laboratories or engineers employed by the Owner. The Contractor's control system shall specifically include all testing required by the various sections of these Specifications. B. Superintendence: The Contractor SHALL employ a full time Superintendent whose sole responsibility is to monitor and coordinate all facets of the Work. The Superintendent shall be on site when work is in progress (i.e. weekend work). The Superintendent shall have adequate experience to perform the duties of Superintendent. The superintendent shall have the authority to act on behalf of the CONTRACTOR. The superintendent shall not be replaced without written notice to the Owner and Engineer. C. Quality Control: Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Contractor is responsible for documenting all inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION C:\DOCUME—I\epattem\LOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. - 13 Drake/Ziegler Improvement Project Phase 11 SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. Date: December 27, 2006 B. The Contractor will be responsible for furnishing water in reasonable amounts for execution of the work. The Contractor shall coordinate and schedule with the Owners' Field Representative for the City of Fort Collins Water Utilities to select the appropriate fire hydrant and set the hydrant meter. C. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Owner will fix the place, time, rate and duration of each withdrawal from the distribution system. 2. Unnecessary waste of water will not be tolerated. D. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. I. Only the Owner shall operate existing valves and hydrants. 1.2 SANITARY FACILITIES A. Contractor shall furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. Furnish a minimum of two portable toilets at the trailers (if office trailers are required) and a minimum of one at each project work site or as required to accommodate the number of personnel working on site. One facility will be delivered to the City of Fort Collins Project trailer. B. Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Contractor to enforce the use of such sanitary facilities by all personnel at the site. D. Place facilities out of public view using the greatest practical extent. END OF SECTION C:\DOCUME—I\epattem\LOCALS-1\Temp\Drake Ziegler General Specs.doc General Reqs. - 14 Drake/Ziegler Improvement Project Phase 11 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL Date: December 27, 2006 A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 7:30 p.m. and 6:30 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. Chemical dust suppressant shall not be injurious to existing or future vegetation. C. Dust control within the lime deposit area shall conform to the project's health and safety plan. At a minimum, the lime area shall be covered as soon as possible after compaction has been obtained to minimize surface drying and dust. Dust control for this area may involve multiple watering and/or continuous watering to maintain a moist surface. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, stonn drains and culverts. 1.4 EROSION CONTROL A. Take such measures as are necessary to prevent erosion of soil that might result from construction activities. Measures in I?eneral will include: 1. Control of runoff 2. Trapping of sediment 3. Minimizing area and duration of soil exposure 4. Temporary materials such as hay bales, sandbags, plastic sheets, riprap or culverts to prevent the erosion of banks and beds of watercourses or drainage swales where runoff will be increased due to construction activities. B. Preserve natural vegetation to greatest extent possible. C. Locate temporary storage and route construction traffic so as to preserve vegetation and minimize erosion. D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual and Plan. C:\DOCUME—I\cpatters\L.00ALS-1\Tcmp\DmkeZieglerGeneral Specs.doc General Reqs. - 15 SPECIFICATIONS ► N CONTRACT DOCUMENTS FOR Drake Zeigler Improvement Project - Phase 2 BID NO. 6029 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS February 28, 2007 - 3:00 P.M. (OUR CLOCK) Drake/Ziegler Improvement Project Phase 11 1.5 WATER CONTROL Date: December 27, 2006 A. A portion of the project work is located within a natural drainage course and is subject to periodic higher water levels due to rainfall runoff, snowmelt, flows from adjacent developed areas, 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. 1.6 PERMITS A. It shall be the responsibility of the Contractor to obtain Construction Dewatering Permits from the Colorado State Health Department for any dewatering operations that will discharge into any drainage ways, open channels or irrigation ditches. The Contractor shall be responsible for any testing required under the Construction Dewatering Permit. 1.7 SECURITY A. Contractor is responsible for protection of the site and all Work, materials, equipment and existing facilities thereon, against vandalism. B. No claim will be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage resulting from his failure to provide security measures as specified. B. Security measures will be instituted to protect owners of existing facilities during normal operation, but will also include such additional security fencing, barricades, lighting, watchman services or other measures as Contractor feels is required to protect the site. END OF SECTION C:\DOCUME-1\epattem\LOCALS—I\Temp\Drake Ziegler General Specs.doe General Reqs. - 16 Drake/Ziegler Improvement Project Phase 11 SECTION 01570 TREE PROTECTION Date: December 27, 2006 A. Tree Barriers: All trees which will be preserved, but are within the limits of construction, must be protected from all damage associated with construction. A sturdy, physical barrier (fluorescent orange in color) must be fixed in place around each tree for the duration of construction. This barrier will be placed no closer than six (6) feet from the trunk, or one-half of the drip line, whichever is greater. The barrier itself must be fixed so it cannot be moved easily, but the material can be flexible, such as orange safety fence attached to metal T- posts driven into the ground, but must act as an effective deterrent to deliberate or accidental damage of each tree. The Project Engineer or Manager must approve actual materials and location of barrier. The movement or storage of equipment, material, debris, or fill within these required protective barriers is completely prohibited. In situations where the construction will come closer to a tree than six (6) feet, the orange barrier must still be erected. However, additional padding must be placed around the trunk of each tree starting at ground level and proceeding up the trunk to a height of six or seven feet. Padding should be a minimum eight (8) inches thick, and made of a material strong enough to protect the bark from accidental impacts with hand tools or power equipment. B. Accidental Poisoning: During the construction, the Contractor shall not cause, or permit the cleaning of equipment or material within the root zone of any tree. The Contractor shall not store or dispose of waste material including, but not limited to; paints, solvents, asphalt, concrete, mortar, or any other material harmful to the life of a tree, within the root zone of each tree, or group of trees. C. Root Pruning Specifications: When the cutting of tree roots is necessary, each final cut must be made as cleanly as possible for all roots over three (3) inches in diameter using the following method: 1. The line of excavation will be drawn out and appropriate excavation equipment used to clear the area at least six inches in front of the actual finished excavation line. Roots can then be cut using tools such as axes, stump grinders, or trenchers. 2. Each root over three (3) inches in diameter will then be cut cleanly back to the excavation line using a stump grinder operated by an experienced licensed arborist. A sharp hand or bow saw is acceptable for roots under three (3) inches in diameter. Axes and trenchers do not cut roots cleanly and will not be used for final root cuts. D. Contractor shall coordinate with the Owners' Field Representative prior to and during the installation of tree protection and root pruning activities. Owners' Field Representative, at his/her 11 opinion, will contact the City Forester and/or City Arborist for advice and approval of the tree protection measures taken by the Contractor and also the City's advice and approval during the root pruning activities. E. No damaging attachments, wires, signs, permits or other objects may be fastened by any means to any tree preserved on this project. C:\DOCUME—I\epatters\LOCALS-1\Temp\Drake Ziegler General Specs.doc General Reqs. - 17 Drake/Ziegler Improvement Project Phase II Date: December 27, 2006 Violation of Suecifications and Penalties for Damaeine Trees: Any violation of these specifications will lead to penalties based on the type of violation and/or the resulting damages, and may be grounds for the termination of this contract. The penalties will be assessed based on the amount of damage done and the total value of that tree, or group of trees, prior to the damage. The minimum penalty will be S100.00. Penalties for any damage will be based on the total value of the tree as determined by the City Forestry Division staff and the severity of the damage as a proportion of the total value of that tree. This could include up to the full value of the tree. As an example, there are two American Elm trees to be preserved on another project. They are valued at $7,960 and $6,667 for the south and north trees respectively. The south tree is approximately 100 inches in circumference; therefore each inch is worth one -hundredth of the value, or $79.60 per inch. Similarly, the north tree is 91 inches in circumference, making each inch worth $73.26. To extend this to penalties paid, if one inch of the bark on the south tree is scuffed, the penalty would be $100 (the minimum allowed); if two inches are damaged, the penalty would be $159.20 and so on up to 50% of the circumference of the trunk. If 50% or more is damaged, the full value of the tree will be assessed as a penalty. (This example serves to illustrate how damages will be assessed). This method of assessing penalties will be applicable to all trees not marked for removal on the project, accidental poisoning and improper pruning. END OF SECTION C:\DOCUME-1\cpattem\LOCALS—I\Temp\Drake Ziegler Gcneral Spccs.doc General Reqs. - 18 Drake/Ziegler Improvement Project Phase 11 SECTION 01580 TRAFFIC REGULATION 1.1 TRAFFIC CONTROL Date: December 27.2006 A. The traffic control for this project shall be the responsibility of the Owner. Traffic control is defined as those devices necessary to channelize vehicular and pedestrian traffic through the project. The Contractor is responsible for applying their costs associated to their predicted calendar day schedule to determine the lump sum amount. B. The Contractor and/or Traffic Control Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. The traffic access/control plan limitations for handling traffic for these projects are described below. NOTE. A minimum of six (6) specialty signs will be required to be installed at locations acceptable by the City of Fort Collins Traffic Operations Department throughout the project notifying the traveling public of the dates and location of the closure. Drake/Zieeler Improvement Project Phase If: Ziegler Road will be closed at Horsetooth Intersection down to the North entrance to Lafarge Northern Cement Plant. The Contractor will be required to barricade the Ziegler roadway with Jersey Barriers placed behind the stop sign on Ziegler north of the intersection. In addition, type III barricades must be placed at the end of the closures with a 48"x48" sign stating that the road is closed with start and finish dates. Environmental Drive: Environmental Drive will remain open from Drake Road for the soul purpose of maintaining access to the City of Fort Collins Waste Water Treatment Plant, Colorado State University Environmental Learning Center, and Lafarge Northern Asphalt, Gravel and Cement Plants. Pedestrian Access — Pedestrian traffic shall be allowed to use the sidewalk on the south side of Environmental drive for access to the City of Fort Collins Waste Water Treatment Plant, Colorado State University Environmental Learning Center and Lafarge Northern Asphalt, Gravel and Cement Plants. All other pedestrian traffic will be closed and pedestrians will be re-routed per plan. Bike Lanes — Bike lanes will be maintained on the South and North sides of Drake Road and Environmental Drive for the soul purpose of maintaining access to the City of Fort Collins Waste Water Treatment Plant, Colorado State University Environmental Learning Center and Lafarge Northern Asphalt, Gravel and Cement Plants. All other bike traffic will be closed and bicyclists will be re-routed per plan. Any modifications to the traffic control plan must be approved by the City's Traffic Control Coordinator and the Engineer. E. Vehicle, bike and pedestrian access to all side streets and private drives shall be maintained at all times. The Contractor will develop an access control plan in coordination with adjacent property owners, and submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any C:\DOCUME-1\cpattem\LOCALS—I\Temp\Drake Ziegler General Specs.doe General Reqs. - 19 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 Work. Pedestrian and bicycle traffic shall be maintained along the West side of Lemay at all times, utilizing temporary sidewalks when necessary. F. The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project. It will be the Contractors responsibility to coordinate and communicate with the residents during construction. G. The Contractor must maintain, at their cost, access to all businesses during their business hours. It will be the Contractors responsibility to coordinate and communicate with the businesses during construction. H. The Contractor shall keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. I. The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times. J. The Contractor shall provide and maintain, at their cost, temporary driveway approaches on driveways open to traffic at all times to insure that the approaches are smooth, compacted, and will not prohibit or inhibit the use of the driveway. The driveway approaches must be maintained seven days a week. In the case of bad weather the Contractor must repair the driveways immediately following the storm and must work to maintain access during the storm. 1.2 WORK AREA SAFETY A. The Contractor shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and children from work area hazards. B. The Contractor shall provide all work area safety control devices, such as barricades and safety fence around all excavations and drop-offs. C. Work area safety control devices will not be paid for separately. Cost for this equipment should be included in the lump sum cost for the work items which will require work area safety control devices. 1.3 PARKING A. Provide suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the Project so as to avoid interference with public traffic, Owner's operations, or construction activities. END OF SECTION C:\DOCUME—I\cpattcm\LOCALS—I\Temp\Drake Ziegler General Spccs.dm General Reqs. - 20 Drake/Ziegler Improvement Project Phase 11 SECTION 01700 CONTRACT CLOSEOUT 1.1 SUBSTANTIAL COMPLETION Date: December27,2006 A. Substantial Completion for the Drake/Ziegler Improvement Project Phase 11 (2007) shall be defined as the following: 1. All work pertaining to the Outfall Channel, Earthwork and Box Culvert is complete. 2. Traffic control devices are in their final positions. B. Substantial Completion must be met by within 75 working days from commencement of work. This information is outlined in Section 00520 - Agreement. 1.2 FINAL COMPLETION A. Final Completion shall be defined as the following: 1. Once substantial completion has been met, the Contractor will be allowed 10 working days to reach final completion. 2. This will include the completion of all Work including cleanup, Project Record Documents shall be turned over to the Owner, all punch list items completed, and all processing of all change orders. The Work must be ready for final payment and acceptance. B. Final Completion will be subject to the terms outlined in Section 00520 - Agreement. END OF SECTION C:\DOCUME—I\epatters\LOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. - 21 Drake/Ziegler Improvement Project Phase 11 Date: December 27, 2006 SECTION 01711 SITE CLEANUP LI GENERAL A. Execute cleanup, during progress of the Work, and at completion of the Work. B. Adequate cleanup will be a condition for recommendation of progress payments. 1.2 DESCRIPTION A. Store volatile wastes in covered metal containers and dispose off site. B. Provide on -site covered containers for the collection of waste materials, debris and rubbish. C. Neatly store construction materials, such as concrete forms, when not in use D. Broom clean adjacent paved surfaces and rake other adjacent surfaces. E. The streets adjacent to the construction area shall be cleaned of debris generated by the aroiect by the Contractor at the earliest opportunity, but in no case shall the street be left unclean after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary equipment and materials to satisfactorily clean the roadway at no additional cost to the nroiect. The City's Street Department will sweep the street at an approximate hourly rate of $90.00 for a minimum of 2 hours. The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping. Construction "DRAG OUT" will not be tolerated. The Contractor must have the means to sweep, wash and scrape the roadway clear of any materials drug out by construction traffic on -site. The Contractor will monitor his construction traffic and clean as necessary or as directed by the on -site Project Engineer. If the streets are not cleaned by the Contractor within 24 hours after having been given notice from the Project Engineer, the Project Engineer will have the Streets Department sweep the streets at the rates listed above and will back charge the Contractor for expenses incurred. 1.3 DISPOSAL A. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary sewers, streams or waterways. B. Remove waste materials, clearing materials, demolition materials, unsuitable excavated materials, debris and rubbish from the site at least weekly and dispose of at disposal areas furnished by Contractor away from the site. END OF SECTION C:\DOCUME—I\cpatters\LOCALS—I\Tcmp\Drake Ziegler General Spccs.doc General Reqs. - 22 Drake/Ziegler Improvement Project Phase 11 SECTION 01720 PROJECT RECORD DOCUMENTS 1.1 GENERAL A. Maintain at the site one record copy of: 1. Documents and samples called for in General Conditions 6.19. 2. Field Test Records. 3. Certificates of compliance. 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES Date: December 27, 2006 A. File documents and samples in accordance with the specifications section numbers. B. Maintain documents and samples in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. 1.3 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not cover Work until required information is recorded. C. Marking of Project Records. 1. Legible and with a dark pen or pencil. 2. Ink shall not be water based or subject to easy smearing. D. Mark Drawings to record actual construction. I. Field dimensions, elevations, and details. 2. Changes made by a Modification. 3. Details not on original Drawings. 4. Horizontal and vertical locations of underground utilities and appurtenances referenced to a minimum of three permanent surface improvements. 5. Depths of various elements in relation to project datum. 6. Location of utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 1.4 SUBMISSION A. Accompany submittal with transmittal letter in duplicate containing: 1. Date. 2. Project title and number. 3. Contractor's names, address, and telephone number. 4. Index containing title and number of each Record Document. 5. Signature of Contractor or his authorized representative. END OF SECTION C:\DOCUME—I\cpatters\LOCALS—I\Temp\Drake Ziegler General Specs.doc General Reqs. - 23 Drake/Ziegler Improvement Project Phase 11 Date: December 26. 2006 DRAKE/ZIEGLER IMPROVEMENT PROJECT PHASE lI The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction' (2005), except as revised herein, is hereby adopted as a minimum standard of compliance for this project. The City of Fort Collins Storm Drainage Construction Standards, City of Fort Collins Water Utilities Standard Construction Specifications, City of Fort Collins Design Criteria and Standards for Streets, and City of Fort Collins Work Area Traffic Control Handbook, shall also serve as minimum standards of compliance for this project. They are not included in the contract documents, but may be obtained at the appropriate City Departments. It shall be the Contractor's responsibility to purchase and familiarize themselves with all of the City Department Specifications. These project specifications, City Department specifications, and CDOT standard specifications are considered minimum standards for compliance on this project. In those instances where the CDOT Standard Specifications conflict with the City specifications listed above, the City specifications shall govern. In those instances where the CDOT Standard Specifications conflict with any of the provisions of the preceding Sections 00001 through 01750, General Requirements, the preceding sections shall govern. PROJECT CONSTRUCTION SPECIFICATIONS INDEX OF REVISIONS SECTION PAGE 201 CLEARING AND GRUBBING............................................................ Technical Specs 2 202 REMOVALS..................:.................................................................Technical Specs 3-4 203 EXCAVATION AND EMBANKMENT ....................................................Technical Specs 5-7 206 EXCAVATION AND BACKFILL FOR STRUCTURES.................................Technical Specs 8-9 208 EROSION CONTROL...........................................................................Technical Specs 10 210 RESET STRUCTURES........................................................................Technical Specs 11-12 304 AGGREGATE BASE COURSE..............................................................Technical Specs 13 401 PLANT MIXES PAVEMENTS—GENERAL.............................................Technical Specs 14-21 403 HOT BITUMINOUS PAVEMENT, .............................. .......... ................ Technical Specs 22-24 506 RIPRAP..........................................................................................Technical Specs 25-26 601 STRUCTURAL CONCRETE..................................................................Technical Specs 27 603 CULVERTS AND SEWERS................................................................Technical Specs 28-29 604 MANHOLES, INLETS AND METER VAULTS............................................Technical Specs 30 608 SIDEWALKS AND DECORATIVE CROSSWALKS....................................Technical Specs 31 619 WATER LINES..................................................................................Technical Specs 32 U:\Drake/Zicglcr Improvement Project Phase II\Technical Specifications Technical Specs - 1 Drake/Ziegler Improvement Project Phase II REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.01 is revised to include the following: Date: December 26.2006 This work shall consist of clearing, grubbing, removing, and disposing of vegetation and debris within the limits of the right of way, easement areas, borrow pits, and other areas shown in the Contract or required by the work. Vegetation and objects designated to remain shall be preserved free from injury or defacement. The Owner will designate all trees, shrubs, plants, and other objects to remain. Every object that is designated to remain and is damaged shall be repaired or replaced as directed, at the Contractors expense. Clearing and grubbing shall extend to the toe of the fill or the top of cut slopes, unless otherwise designated. All surface objects, trees, stumps, roots, fencing, and other protruding obstructions not designated to remain shall be cleared and grubbed, including mowing, as required. Undisturbed stumps, roots, and nonperishable solid objects located 2 feet or more below subgrade or embankment slope may remain in place. In areas to be rounded at the tops of back slopes, stumps shall be removed to at least 2 feet below the surface of the final slope. All cleared material or debris shall be disposed of outside of the project limits. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by ( ) 201-01 Clearing and Grubbing — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in the clearing and grubbing as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 2 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -All - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS Drakc/Ziegler Improvement Project Phase 11 REVISION OF SECTION 202 REMOVALS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 is revised to include the following: Date: December 26, 2006 The Contractor shall remove and dispose of all irrigation structures, pipe, structures, asphalt, curb and gutter, obstructions that are designated for removal by the Engineer. All such removals will be measured in the field, and quantities agreed to by the Contractor and the Engineer. Subsection 202.02 is revised to include the following: Disposal Site - Materials designated for removal shall become property of the Contractor, unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled. It shall be the Contractor's responsibility to obtain disposal sites for all unusable material, which is removed. Subsection 202.03 is revised to include the following: Prior to removal, concrete and/or asphalt shall be saw cut full depth to a clean and straight vertical line. Pieces of concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall be saw cut, or removed to the nearest joint, and removed and replaced at the Contractor's expense. The limit of the repair will be determined by the Engineer. The initial saw cutting to remove existing concrete and/or asphalt shall be considered incidental to the Work and shall not be paid for separately under this item. Removal of concrete, asphalt and/or obstructions as described in section 202.01 beyond the limits designated by the Engineer will be the responsibility of the Contractor and will not be paid for under this section. Subsection 202.04 is revised to include the following: Rotomill Asphalt Pavement (2.5" Depth) —This work requires profile milling of existing asphalt pavement. This work shall include hauling this material by truck from the milling operation. Material from this operation shall become the property of the Contractor unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled. Subsection 202.05 is revised to include the following: Rotomill Asphalt Pavement (5"-10" Depth) — This work requires full depth milling of the existing asphalt on Ziegler Road from Station 95+50 north to just past the bridge on Ziegler. This work shall include hauling this material by truck from the milling operation. Materials from this operation shall become the property of the Contractor unless noted in the specifications or specified by the Engineer to be salvaged or stockpiled. Subsection 202.07 is revised to include the following: Remove 60X50 Existing Structure. This work shall consist of the removal of the existing timber bridge on Ziegler Road at the FICRD Ditch. Contractor will be given a full closure at the bridge in order to remove said structure in a timely and orderly fashion. The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the work commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor shall not be compensated for materials that were not measured by the Engineer. The accepted quantities will be paid for at the contract unit price. Saw cutting, excavation, backfill, haul, disposal, and stockpiling of materials will not be measured and paid for separately. This cost shall be included in the unit price for each bid item in Section 202. UADrakc/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 3 Drake/Ziegler Improvement Project Phase 11 Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 202-01 Remove Pipe (RCP, CMP, PVC)- (LF) 202-02 Remove Vertical Curb and Gutter - (LF) 202-03 Remove Sidewalk - (LF) 202-04 Remove Asphalt Pavement (5"-10" Depth) - (SY) 202-05 Remove 25X30 Existing Structure - (LS) 202-06 Remove Air Vac Manhole and Valve- (EA) 202-07 Remove Stoneridge Spillway Per Plan Sheets 9 of 74 - (LS) 202-08 Remove Culvert - (LF) 202-09 Remove Irrigation Structure - (EA) 202-10 Abandon 6" Water (Station 96+50 Per Plan) - (LS) 202-11 Flow Fill Abandoned 6" Water Line- (LS) 202-12 Saw Cut Existing Asphalt - LF) 202-13 Remove Existing FCLWD Meter Pit and Meter - (LS) 202-14 Remove Existing Concrete Headwalls- (EA) Date: December 26.2006 The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in removals and rotomilling, including excavation, backfill, haul and disposal, as specified in these specifications, and as directed by the Engineer. All saw cutting involved in removing the necessary items in order to complete the Work shall be considered incidental to the Work and will not be paid for separately. END OF SECTION U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 4 Drake/Zicgler Improvement Project Phase II REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised as follows: Subsection 203.01 is revised to include the following: Date. December 26, 2006 Unclassified Excavation - This shall consist of excavation of all materials on the site to final grades, excluding the bid items listed in Section 202. Excavation of unsuitable material will only be paid for if it is found to be unsuitable in its original state. This item shall be measured from the plans and cross sections, and will be paid for by the cubic yard. This item shall be paid according to plan quantity. Embankment (Complete in Place) - All excavated material, except the material being hauled and disposed, shall be placed as embankment and compacted, to final grades, as specified in Section 203.07. The embankment quantity was not adjusted to allow for shrinkage during compaction. This item will be paid according to plan quantity by the cubic yard. Topsoil - (stripping, stockpiling, placing) - All areas that have suitable topsoil material shall be stripped to a depth of 6 inches. This material shall be stockpiled and placed after the final grades have been established. This item shall include stripping existing vegetation, temporarily stockpiling, loading, hauling, and placing topsoil material for back of walk and curb areas, parkway areas, and other designated areas. This item shall be paid according to plan quantity. Borrow Suitable Fill Material - This shall include supplying, placing, and compacting of a suitable fill material as directed by the Engineer. This item will be measured in the field and paid for by the ton. This item will not be paid for as Embankment. Borrow material will only be used for fill if there is a shortage of suitable material onsite and/or as directed by the Engineer. Muck Excavation (Complete in Place) — This shall include excavation of unsuitable material , supplying and placing Class 1 or 2 Structural Backfill, Pit Run or an approved fill, re -compacting material to finish grade, and haul and disposal of unsuitable material. Muck Excavation of material from rain or weather damage will not be paid for and is entirely the Contractor's responsibility. This item shall be measured in the field, and will be paid for by the cubic yard. Borrow ABC (Class 5 or 6) — This work shall consist of placing aggregate base course material at the realigned FCRID ditch rider's road, as well as behind all asphalt driveways to transition from new asphalt to existing grade. Potholing — The Contractor shall be responsible for locating electrical, gas, fiber optic, cable, telephone, traffic signal conduit and other existing utility lines and shall be performed every 100 lineal feet or as deemed necessary by the contractor. All related work, including excavation, backfilling, shoring, labor and number of hours will not be measured and paid for separately, but shall be included in the work. Repair of damaged existing utility lines caused by the Contractor will be at the Contractor's expense. Potholing will be paid as a lump sum item. Embankment and subgrade material shall be compacted to 95% of maximum density at +/- 2% optimum moisture. Maximum density shall be determined by ASTM D 698. This will apply under the roadway, curb and gutter, sidewalk, and driveways. Topsoil shall be compacted to 85% of maximum density at/or near optimum moisture. Excavation and Embankment will only be paid when a significant change in grade is required, as determined by the Engineer. Minor cuts and fills shall be considered incidental to the work, and shall not be paid separately under this section. If unsuitable subgrade is encountered and the Engineer directs the Contractor to over excavate the material, the Contractor shall use Aggregate Base Courses (Class 5 or 6), Class 1 or 2 Structural Backfill, Pit Run or an approved fill to backfill the over excavated area if there is not any acceptable material onsite. This Work will be paid for separately under the Muck Excavation item. The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 U:\Drake/Zicglcr Improvement Project Phase II\Technical Specifications Technical Specs - 5 Drake/Ziegler Improvement Project Phase Il Date: December 26. 2006 The minimum strength coefficient of the Aggregate Base Coarse shall be 0.1 1. After specified compaction has been obtained, the subgrade under the curb, gutter, sidewalk, and pavement shall be proof -rolled with a heavily loaded rubber tired roller, fully loaded water truck, or approved equal. Those areas which produce a rut depth of over one-half (1/2) inch or which crack the subgrade after pumping and rebounding shall be ripped, scarified, wetted or dried if necessary, and recompacted to the requirements for density and moisture at the Contractor's expense. Where unsuitable material is encountered, the Engineer may require the Contractor to remove the unsuitable materials and backfill to the finished grade with approved material. The completed subgrade shall be proof -rolled again after placement of approved material. This will be paid for at the contract unit price for Muck Excavation. The Contractor shall refer to the plans for regrading information. This work shall include all excavation, embankment, and grading required to prepare these sites for landscaping. Subsection 203.04 is revised to include the following: The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the typical sections specified. Variation from the subgrade plan elevations specified shall not be more than 0.08 feet. Subsection 203.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 203-01 Unclassified Excavation - Roadway - (CY) 203-02 Unclassified Excavation (Outfall Channel) - (CY) 203-03 Unclassified Excavation (FICRD Channel) - (CY) 203-04 Haul - Outfall Channel Excess Material - (CY) 203-05 Embankment - (CIP) - Roadway - (CY) 203-06 Embankment - (CIP) - Outfall Channel - (CY) 203-07 Embankment - (CIP) - FICRD Channel - (CY) 203-08 Import Fill - (CY) 203-09 Topsoil - (Stripping, Stockpiling and Placing) - 6" Depth - Roadway - (CY) 203-10 Topsoil - (Stripping, Stockpiling and Placing) - 6" Depth - Outfall Channel - (CY) 203-11 Topsoil - (Stripping, Stockpiling and Placing) - 6" Depth - FICRD Channel - (CY) 203-12 Muck Excavation - Outfall Channel - (CY) 203-13 Muck Excavation - FICRD Channel - (CY) 203-14 Potholing - (LS) 203-15 Flow Fill Section Over Shallow Utilities - (LF) U:\Dmke/Ziegler Improvement Project Phase 11\Technical Specifications Technical Specs - 6 Drakc/Ziegler Improvement Project Phase 11 Date: December 26. 2006 203-16 Borrow ABC (Class 5 or 6) — (CIP) — (TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Unclassified Excavation, Embankment, Haul & Dispose, Topsoil (stripping, stockpiling, placing), Muck Excavation, Borrow ABC and Median Hardscape Shaping, including without limitation, haul, stockpiling, placing of material, watering or drying soil, compaction, proof rolling, finish grading, and disposal of unusable materials, as shown on the plans and as specified in these specifications, and as directed by the Engineer. END OF SECTION REVISION OF SECTION 206 U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 7 Drake/Ziegler Improvement Project Phase 11 Date: December 26.2006 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised as follows Subsection 206.01 is revised to include the following Structure Excavation — It is anticipated that unsuitable soils will be encountered for the abutment walls for the Foothills Channel Box Culvert. The excavation of the unsuitable material has already been accounted for and will be paid for under Structure Muck Excavation. The Contractor is cautioned that construction equipment may cause the natural soils to pump or deform while performing excavation work inside and on footings, structural floor slabs, or other structure foundation areas. Foundation materials which are: a) saturated by either surface or dewatering work by the Contractor; b) frozen for any reason; or, c) that are disturbed by the Contractor's work or caused to become unacceptable for foundation material purposes by means of the Contractor's equipment, manpower, or method of work shall be removed and replaced by the Contractor at his expense. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. Excavation by either hand or careful backhoe operation may be required to achieve the subgrade depth of the last few inches of any item of the concrete work. Any over -excavated subgrades that are due to the Contractor's actions shall be brought back to subgrade elevations by the Contractor and at his expense in the following manner: 1. For over -excavations of 2 inches or less, either: Backfill and compact with an approved granular materials; backfill with''/2 inch washed crushed rock; or fill within concrete at the time of the appurtenant structure concrete pour. 2. For over -excavations greater than 2 inches, backfill and compact with 1 '/2 inch washed crushed rock. Borrow Structure Backfill (R-Value >25) — Backfill, and fill within 2 feet of and adjacent to all structures and for full height of the wall, shall be selected non -swelling material. It shall be granular, well graded, and free from stones larger than 3 inches. Material may be job excavated, but selectivity will be required as determined by the Engineer. Refer to the Plans for job specific requirements. Stockpiled material, other than topsoil from the excavation shall be used for backfilling unless an impervious structural backfill is specified. The backfill material shall consist of either clean on -site granular materials free from stones larger than 3 inches in diameter with no more than 20% passing the No. 200 sieve, or equivalent imported materials. All backfill around the structures shall be consolidated by mechanical tamping. The material shall be placed in 8-inch loose lifts within range of 2% above to 2%below the optimum moisture content and compacted to 95% of Maximum Standard Proctor Density (ASTM D698) for cohesive soils, or to 70% relative density for pervious material as determined by the relative density of cohesion less soils, ASTM D4253. Structure Backfill Flow Fill — Backfill flow fill will be required around the foundation and up to a height of 2' above the foundation. This item will be paid for by the Cubic Yard. Dewatering — It is anticipated that the project will require three separate dewatering processes. One at the FCRID realignment, one at the Outfall Channel Siphon and Underdrain crossing, one at the Cottonwood Box Culvert. This item shall include pumps, labor, equipment and any associated costs to insure a dry work area. Also, a discharge pipe is to be installed and removed to provide access for construction equipment. It will be the responsibility of the contractor to obtain Dewatering Permits from the Colorado State Health Department. These combined items will be paid for as an Each price. Haul and Dispose — This shall consist of hauling and disposing of any excess material or unsuitable fill material on site. This item will be measured from the plans and cross sections and will be paid for by the Cubic Yard. This item shall be paid according to plan quantity. U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 8 Drakc/Ziegler Improvement Project Phase Il Date: December 26.2006 Structure Muck Excavation —Unsuitable material encountered within the area of excavation for the structure shall be removed to a depth directed by the Engineer. All unsuitable material shall be disposed of as directed. Muck -excavation of material from rain or weather damage will not be paid for and is entirely the Contractor's responsibility. This item shall be measured in the field, and will be paid for by the Cubic Yard. Subsection 206.07 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 206-01 Structure Excavations — (CY) 206-02 Borrow Structure Backfill (R-Value >25) — (CY) 206-03 Structure Backfill Flow Fill — (CY) 206-04 Filter Material (1 'h" Washed Rock) — (TON) 206-05 Structure Haul and Dispose (On -Site) — (CY) 206-06 Structure Muck Excavation — (CY) 206-07 Dewatering — (EA) END OF SECTION U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 9 Drake/Ziegler Improvement Project Phase 11 SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: Subsection 208.01 is revised to include the following: Date: December 26.2006 All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. This item will be paid for as a lump sum price to the Contractor. Working in or Crossing Watercourses and Wetlands - Construction vehicles should be kept out of watercourses to the extent possible. Where in channel- work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion control. The channel (including bed and banks) must always be re -stabilized immediately after in -channel work is completed. Where a live (wet) watercourse must be crossed by construction vehicles during construction, a Temporary Stream Crossing must be provided for this purpose. Soil Retention Blanket (straw/coconut) shall be a machine produced mat consisting of 70 percent agricultural straw and 30 percent coconut fiber. The blanket shall be of consistent thickness with the straw and coconut fiber evenly distributed over the entire area of the mat. The blanket shall be covered on the top and bottom with 100% biodegradable natural organic fiber netting. Subsection 208.07 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 208-01 Erosion Control - (LS) 208-02 Wattles -(LF) 208-03 Slope Coco Mat with Seed - (SF) 208-04 Straw Bale Slope Protection - (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 10 Drake/Ziegler Improvement Project Phase 11 REVISION OF SECTION 210 RESETSTRUCTURES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.01 is revised to include the following: Date: December 26.2006 Work contained in this Subsection shall meet the requirements of the current City of Fort Collins Specifications or other applicable water utility agency standard construction specifications. The Contractor shall cooperate and coordinate with the City of Fort Collins or other applicable water utility when shutting off water to minimize downtime to customers. The Contractor shall also coordinate work involving the relocation of fire hydrants, water meters, curb stops, and water valves, and lowering water and sewer service lines, and water lines. The Contractor shall supply all materials required to complete the work that is not supplied by the City or other applicable water utility, and these materials shall be included in the costs of each item. This shall include, but not be limited to; new copper line and fittings, new stop boxes, meter pits, excavation, backfill and compaction. New copper fittings, stop boxes, and meter pits will be required at each location. All structures located in bituminous pavements to be surfaced shall be adjusted prior to, or during paving operations. All structures located within a concrete pavement shall be adjusted prior to opening the roadway. The Contractor shall perform all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. The adjustments shall be made as noted below. All structures shall be adjusted to be ''/<", +/- 1/8" below the pavement surface. The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. In the event that a structure was not properly adjusted (i.e. too high or too low) or the structure was covered and not adjusted after the paving operation, written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within 5 working days. In the event that the structure is not adjusted within said time frame; the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. If a structure is adjusted prior to an overlay operation, the Contractor shall place bituminous base material around the structure as directed by the Engineer to insure that it will not be a hazard to vehicular traffic. This will be paid for under the bid item for Asphalt Patching. Adjust Valve Box (COFC Water Dept.) — Valve boxes located within asphalt pavement shall be adjusted by removing the existing pavement around the valve box, adjusting the valve by turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. If a valve box cannot be turned up, or can be turned up, but not sufficiently to achieve the proper grade or if the top section of the valve box is in poor condition, the Contractor shall excavate around the top section of the valve box and remove and replace the top section with a longer section supplied by the Contractor. The excavation shall then be back filled with Non -Shrink backfill to the top of subgrade, and then, material of the same grade and quality as the adjacent pavement shall be placed. U:\Drake/Ziegler Improvement Project Phase 11\Technical Specifications Technical Specs - 11 Drake/Ziegler Improvement Project Phase 11 Date: December 26, 2006 The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If, in the opinion of the Engineer, the Contractor is negligent and breaks the valve box, the valve box shall be replaced at the Contractor's expense. This item will be paid under Adjust Valve Box — (EA). Adjust Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (F) larger than the structure (centered on the structure). This shall be done by cutting vertical edges, adjusting the manhole by grouting concrete rings and/or utilizing metal shims to raise the structure to the proper grade, then spreading and mechanically compacting bituminous material of the same grade and quality as the adjacent pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions. Any manhole cover which is unstable or noisy under traffic shall be replaced. This item will be paid under Adjust Manhole Ring/Cover — (EA). Traffic Signs - Prior to commencement of any construction that will affect traffic signs of any type, the Contractor shall contact the City of Fort Collins Streets Division and the City Project Inspector for removal of the signs. The COFC Streets Division will remove these signs and reset all traffic signs upon project completion. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by ( ). 210-01 Modify Manhole— (EA) 210-02 Relocate Existing Headgate — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the Work involved in adjusting structures, complete -in -place, including non -shrink backfill, concrete, metal shims, bituminous materials, haul and disposal, excavation, bedding material, backfill, and compaction as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drakc/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 12 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 Drake/Ziegler Improvement Project Phase II REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows: Date: December 26, 2006 Subsection 304.01 is revised to include the following: This work shall consist of placing Aggregate Base Course (Class 5 or 6) over previously prepared pavement subgrade approved by the Engineer. Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703.03. Subsection 304-03 is revised to include the following: Gravel Access Road — 6" — (CIP)— This work shall consist of placing 6" Thick Aggregate Base Course material along the Outfall Channel Swale for maintenance access from the beginning of the channel all the way to the Poudre River. The proposed material shall meet the following minimum requirements: LL Maximum: 30 PI Maximum: 6 "R" Value Minimum: 78 The minimum strength coefficient of the Class 5 or 6 Aggregate Base Course shall be 0.1 1 Subsection 304.06 is revised to include the following: Aggregate Base Course shall be compacted to at least 95% of maximum density at or near optimum moisture as determined by ASTM D698. Subsection 304.07 is revised to include the following: Aggregate Base Course will be measured by the ton at proper moisture. Quantity will be adjusted accordingly if the moisture content is too high. Haul and water necessary to bring mixture to optimum moisture will not be measured or paid for separately, but shall be included in the price for Aggregate Base Course. Soil sterilization shall be applied under all new asphalt pavine and shall be considered incidental to the work. Sterilization shall not be paid for separately under this item. Subsection 304.08 is revised to include the following: The accepted quantities of Aggregate Base Course will be paid for at the contract unit price per ton. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 304-01 Gravel Access Road— 6"— (CIP) —(TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in Aggregate Base Course including haul, sterilization, and water. The work will be complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 13 Drakc/Ziegler Improvement Project Phase Il Date: December 26. 2006 REVISION OF SECTION 401 & 703 PLANT MIX PAVEMENTS — GENERAL & AGGREGATES Section 401 and 703 of the Standard Specifications is hereby revised as follows: Subsection 401.02 is hereby revised to include the following: Requests made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. A job mix formula shall be determined by the Contractor and submitted to the Engineer for approval a minimum of one week prior to the beginning of construction for each proposed change. The Contractor shall provide the Engineer with an asphalt mix design report from an independent testing laboratory acceptable to the Engineer. The report shall state the Mix properties, optimum oil content, job mix formula and recommended mixing and placing temperatures. The costs for all job mix formulas shall be the responsibility of the Contractor. If the Contractor uses more than three (3) job mix formulas for a type of plant mix pavement used, the City may charge the Contractor for testing and evaluation of the mix designs, including the costs for calibration of a Nuclear Asphalt Oven. For Superpave Mixes, delete Table 401-2 and replace with the following: TABLE 401-2 Grading Test Procedure Minimum Test Sampling Frequency Result All Gradings CP L-5109 Method B 80 One per 10, 000 metric tons (10,000 tons) or fraction thereof (minimum) In subsection 401.02, delete the second, third, and fourth paragraphs and replace with the following: 1. A proposed plant mix pavement mix design prepared in accordance with Colorado Procedure 52(CP52-99), including a proposed job -mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table, Tables 703-3A, B, and C, before the tolerances shown in Table 401-1 are applied. The weight of lime shall be included in the total weight of the material passing the 75 mm (No. 200) sieve. The restricted zone boundaries shown for all gradings in Tables 703-3A, 703-313, and 703-3C are to be used as guidelines in mix design development. However, the job -mix gradation is not required to pass above or below the restricted zone boundaries. 2. The name of the refinery supplying the asphalt cement and the source of the anti -stripping additive. 3. A sufficient quantity of each aggregate for the Department to perform the tests specified in section 2.2.1 of CP52. In subsection 401.02 delete Table 401-1, including the footnotes, and replace with the following: TABLE 401-1Btturnen Content f0.3% Asphalt Recycling Agent t0.2% Temperature of Mixture When Discharged from Mixer t10°C ''Hot Bituminous Pavement - Item 403 rising the 9.5 mm (3It and larger sieves t6% Passing the the 4.75 mm (No. 4) and 2.36 mm (No. 8) sieves f5% Passing the 600 mm (#30) sieve t4% Passin the 75 man#200 sieve t2% 'When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, U:\Drake/Ziegler Improvement Project Phase lATechnical Specifications Technical Specs - 14 Drake/Ziegler Improvement Project Phase 11 Date_ December 26, 2006 90shall be the minimum; no tolerance shall be used. Delete Subsection 401.07 and replace with the following: Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 Placement Temperature Limitations in "C Compacted Layer Minimum Surface and Air Thickness in Temperature °C (°F) mm (inches) Top Layers Below Layer Top Layer <38 (1 %2) 15 (60) 10 (50) 38 (1'/z) - <75 (3) 10 (50) 5 (40) 75 3 or more 7 45 2 35 Note: Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures, paving shall stop. The Contractor shall schedule the work so that no planed or recycled surface is left without resurfacing for more than 10 calendar days during the period specified in Table 401-3A, below. The Contractor shall immediately place a temporary hot bituminous pavement layer on any surface that has been planed or recycled and can not be resurfaced in accordance with the above temperature requirements within 10 calendar days after being planed or recycled. The minimum thickness of the temporary hot bituminous pavement layer shall be 50 mm (2 inches). The Contractor shall perform the quality control required to assure adequate quality of the hot bituminous pavement used in the temporary layer. All applicable pavement markings shall be applied to the temporary layer surface. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot bituminous pavement layer shall be removed when work resumes. Table No. 401-3A Periods Reauirina Overlav of Treated Surfaces Location by Elevation Period During Which Planed or Recycled Surfaces Must be Overlaid within Ten Days All areas below and including 2100 in October 1 to March 1 7000 feet All areas above 2100 in (7000 feet) up to September 5 to April 1 and including 2600 in 8500 feet All areas above 2600 in (8500 feet) August 20 to May 15 In Subsection 401.15, delete the third and fourth paragraphs (including table) and replace with the following The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table: U:\Drake/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 15 Drake/Ziegler Improvement Project Phase II Date: December 26.2006 Asphalt Grade Minimum Mix Discharge Temperature, 'C (°F)* Minimum Delivered Mix Temperature, °C (°F)** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) AC-20 Rubberized 160 (320) 138 (280) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 149 (300) 138 (280) PG 58-34 149 (300) 138 (280) * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30 (*F) . ** Delivered mix temperature shall be measured behind the paver screed. Hot -mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. Subsection 401.16 is hereby revised to include the following: The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer. In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 85°C (185 °F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below 110°C (230 °F), no further compaction effort will be permitted unless approved. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rubbers shall be equipped with rubber skirts. In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table: U:\Drake/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 16 Drake/Ziegler Improvement Project Phase II Date: December 26.2006 Asphalt Grade Minimum Mix Discharge Temperature, °C (°F)* Minimum Delivered Mix Temperature, °C (°F)** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) AC-20 Rubberized 160 (320) 138 (280) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 149 (300) 138 (280) PG 58-34 149 (300) 138 (280) * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30 (°F) . ** Delivered mix temperature shall be measured behind the paver screed. Hot -mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. Subsection 401.16 is hereby revised to include the following: The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer. In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 85°C (185 °F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below 110°C (230 °F), no further compaction effort will be permitted unless approved. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rubbers shall be equipped with rubber skirts. In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: U:\Drake/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 17 Drake/Ziegler Improvement Project Phase 11 Date: December 26, 2006 The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in the following table: Asphalt Grade Minimum Mix Discharge Temperature, °C °F * Minimum Delivered Mix Temperature, °C °F ** PG 58-28 135 (275) 113 (235) PG 58-22 138 (280) 113 (235) PG 64-22 143 (290) 113 (235) AC-20 Rubberized 160 (320) 138 (280) PG 76-28 160 (320) 138 (280) PG 70-28 149 (300) 138 (280) PG 64-28 149 (300) 138 (280) PG 58-34 149 (300) 138 (280) * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 17°C (30 (°F) . ** Delivered mix temperature shall be measured behind the paver screed. Hot -mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95% minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. Subsection 401.16 is hereby revised to include the following: The mixture shall be laid upon an approved surface, spread and struck off to provide for drainage to the side(s) of the roadway with a minimum cross slope of two percent (2%) or as directed by the Engineer. In subsection 401.17, first paragraph, delete the last two (2) sentence and replace with the following: When the mixture contains unmodified asphalt cement (PG 58-28, PG 58-22, or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 85°C (185 °F), no further compaction effort will be permitted unless approved. If the mixture contains modified asphalt cement (AC-20R, PG 76-28, PG 70-28, or PG 64-28) and the surface temperature falls below 110°C (230 °F), no further compaction effort will be permitted unless approved. Subsection 401.17 is hereby revised to include the following: All pneumatic tire rubbers shall be equipped with rubber skirts. In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: U:\Dmke/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 18 Drake/Zicglcr Improvement Project Phase ❑ Date: December 26. 2006 TABLE 703-3A Master Range Table for Hot Bituminous Pavement (Grading S) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1'/2") 25.0 nun (1") 100 19.0 mm (3/4") 90 - 100 12.5 mm (%2") 9.5 mm (3/8") 4.75 mm (#4) 2.36 mm (#8) 23 — 49 34.6 34.6 1.18 mm (# 16) 22.3 28.3 600 mm (430) * 16.7 20.7 300 mm (#50) 13.7 13.7 150 mm (#100) 75 mm (#200) 2-8 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. U:\Drake/Zicglcr Improvement Project Phase 11\Technical Specifications Technical Specs - 19 DrakelZiegler Improvement Project Phase II Date: December 26, 2006 TABLE 703-3B Master Range Table for Hot Bituminous Pavement (Grading SX) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 mm (1 %") 25.0 mm (i") 19.0 mm ('/4") 100 12.5 mm ('/2") 90 - 100 9.5 mm (3/8�,) 4.75 mm (#4) 2.36 mm (#8) 28 — 58 39.1 39.1 1.18 mm (#16) 25.6 31.6 600 mm (430) * 19.1 23.1 300 mm (#50) 15.5 15.5 150 mm (#100) 75 mm (#200) 2 - 10 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. TABLE 703-3C U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 20 Drake/Ziegler Improvement Project Phase 11 Date. December 26, 2006 Master Range Table for Hot Bituminous Pavement (Grading SG) Sieve Size Percent by Weight Passing Square Mesh Sieves Restricted Zone Boundary (Guideline) Minimum Maximum 37.5mm(1%") 100 25.0 mm (1 ") 90 - 100 19.0 mm ('/a") 12.5man (Y") 9.5 mm (3/8") 4.75 mm (#4) * 39.5 39.5 2.36 mm (#8) 19 — 45 26.8 30.8 1.18 mm (416) 18.1 24.1 600 nun (#30) * 13.6 17.6 300 own (#50) 11.4 11.4 150 mm (#100) 75 mm (#200) 1 — 7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. END OF SECTION U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 21 Drake/Ziegler Improvement Project Phase Il REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: Date: December 26.2006 Asphalt Patching — HBP Grading SG shall be used in locations as directed by the Engineer. These quantities will be restricted to small areas which require hand placement methods and conventional paving equipment cannot be utilized. Hot Bituminous Pavement— This shall consist of constructing one or more courses of HBP Grading S & SG over existing pavement or subgrade surfaces previously prepared by the contractor or City of Fort Collins Crews. Subsection 403.02 is revised to include the following: Laboratory Mix Design — Grading S & SG - The mix designs shall be prepared by an independent laboratory acceptable to the Engineer and shall be submitted by the Contractor to the Engineer for approval a minimum on one (1) month prior to the beginning of paving for this project. The criteria for the mix design is as follows: HBP Grading S & SG ESAL's = County Road 54 = 365,000 Binder: Grading S - PG 64-28 / Grading SG — PG 64-22 Designed according to the most recent set of SUPERPAVE Specifications available. SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRETERIA A request made in writing by the Contractor for changes in the job mix formula will be considered by the Engineer. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HBP. 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. Reclaimed materials will not be allowed in Hot Bituminous Pavement. A maximum of 20% reclaimed material will be allowed for HBP Grading SG. 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. PAVEMENT SECTION: Ziegler Road Grading S 2.5" Grading SG 4" The design mix for Grading S, SX, and SG shall conform to the following: U:\Drake/Ziegler Improvement Project Phase 11\Technical Specifications Technical Specs - 22 SECTION 00020 INVITATION TO BID Date: February 7, 2007 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 February 28, 2007, for the Drake Zeigler Improvement Project - Phase 2; BID NO. 6029. If delivered, they are to be delivered to 215 North Mason Street, 2°d Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 6029 Drake/Zeigler Improvement Project - Phase 2 Drake Ziegler Phase II Improvements begin 100 feet east of the Drake Road/Environmental Drive intersection and continue to Horsetooth Road. The improvements consist of significant earthwork, water line installation, one cast in place 20'x7' box culverts and realigning 700 lineal Feet of the FCRID ditch. There are also significant drainage improvements to Rigden Farms Development which consists of installing 180 LF of dual 48" RCP Class III Pipes, a siphon structure, and 7200 LF of ditch construction. The Contractor will provide surveying. The City will provide traffic control. The Contractor will be required to work with our traffic control supervisor. Material Testing will be provided by the City and performed by CTL Thompson, Inc. 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. A prebid conference and job walk with representatives of prospective Bidders will be held at 1:00 P.M., on February 15, 2007, at 281 North College, Conference Room A in Fort Collins. Contract Documents will be available February 7, 2007. The Contract Documents and Construction Drawings may be examined online at: 1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp 2. Mercury-LDO Reprographics: www.mercurV ld..com 07/2001 Section 00020 Page 1 Drake/Ziegler Improvement Project Phase ❑ TABLE 403-1 Date: December 26.2006 Property Test Grading S Grading SG Grading SX Method NIA this Project Air Voids, percent at: CPL 5115 N (initial) > 11.0 > 11.0 > 11.0 •(design) 3.0-5.0 3.0-5.0 3.0-5.0 N maximum > 2.0 > 2.0 > 2.0 Lab Compaction (Revolutions): CPL 5115 N (initial) (a) 8 8 (a) N (design) (b) 109 109 (b) N (maximum) a 174 174 a Stability, minimum (a) CPL 5106 42 42 (a) for information Aggregate Retained on the 4.75 mm CP 45 60 60 60 (No. 4) Sieve with at least two Mechanically Induced Fractured Faces, % minimum Accelerated Moisture Susceptibility CPL 5109 80 80 80 Tensile Strength Ratio (Lottman), Method B minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) 205 (30) Strength, kPa(psi) Method B Grade of Asphalt Cement PG 64-28 PG 64-22 PG 64-22 Top Layer Grade of Asphalt Cement Layers PG 64-28 PG 58-28 PG 64-22 Below To Voids in the Mineral Aggregate CP 48 14.0 12.0 (a) VMA % minimum a Voids Filled with Asphalt (VFA) % Al MS-2 65 - 75 65 - 75 (a) (a) (a) Current CDOT Design Criteria (b) Residential 50, Collector 75, Arterial 100 Note: AIMS-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 mm (No. 4) sieve shall be approached with caution because of constructability problems. Subsection 403.03 is revised to include the following: Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a temperature lower than 225degree F. Emulsified Asphalt for tack coat shall be Grade CSS-lh. The tack coat shall consist of a 1:1 dilution (one (1) part emulsified asphalt to one (1) part water. The application rate for tack coat shall be approximately 0.1 gallons per square U:\Drake/Ziegler Improvement Project Phase 11\'technical Specifications Technical Specs - 23 Drake/Ziegler Improvement Project Phase 11 Date: December 26, 2006 yard. The existing pavement shall be broomed and cleaned to be free of dirt, water, vegetation and other deleterious matter immediately prior to commencing the paving operation. Edges of the area to be patched shall be sawcut vertically, and perpendicular or parallel to the roadway, as directed by the Engineer. Tack coat shall be placed against clean, vertical edges on all sides of the area to be patched. Hot Bituminous Pavement Grading S and SX shall be placed in equal lifts not exceeding three (3) inches. The minimum lift thickness for Grading SX shall be one (1) inch and Grading S shall be (1 '/2) inch. HBP Grading SG shall be placed in equal lifts not exceeding four (4) inches and the minimum lift thickness shall be three (3) inches. Overlaying layers of Hot Bituminous Pavement shall not be placed until the lower layer has cooled sufficiently to provide a stable material which will support the equipment without rutting, shoving or moving in any manner. Tack coat shall be placed between all lifts. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SG, and S, will be measured by the ton and paid for at the Contract Unit Price for Asphalt Patching and Hot Bituminous Pavement. Pavement cutting, excavation, subgrade preparation, haul and disposal, bituminous materials, aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot bituminous pavement item will not be paid for separately but shall be included in the unit price bid. Load slips shall be consecutively numbered for each day and shall include batch time. Subsection 403.05 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 403-01 HBP Paver Patch — Grading S — (2.5" Depth) - (PG 64-28) — (TON) 403-02 HBP Paver Patch - Grading SG — (4" Depth) - (PG 58-28) — (TON) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in Hot Bituminous Pavement and Asphalt Patching, including pavement cutting, excavation, subgrade preparation, haul and disposal, compaction, rolling, surface preparation, and bituminous materials, complete in -place, as shown on these plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 24 Drake/Ziegler Improvement Project Phase II REVISION OF SECTION 506 RIPRAP Date: December 26.2006 Section 506 of the Standard Specifications is hereby revised as follows: Subsection 506.01 is revised to include the following: This work consists of the construction of riprap sections with riprap, Type II bedding and covered with topsoil in accordance with these specifications and in conformity with the lines and grades shown on the plans or established grades. Subsection 506.02 is revised to include the following: Color of buried riprap shall be approved by the Engineer. Exposed riprap shall be gray to blue gray in color or as approved by the Engineer. Rock used for riprap shall be hard, durable, angular in shape and free from cracks, over -burden, shale and organic matter. Thin, slab type stones, rounded stones and flaking rock shall not be used. Removed concrete shall not be used for riprap without specific written approval by the Engineer. Service records of the proposed material will be considered by the Engineer in determining the acceptability of the rock. Neither breadth nor thickness of a single stone shall be less than one-third (1/3) its length. Bedding material shall conform to the specification for Type II Filter material as per the City of Fort Collins Storm Drainage Design Criteria and Construction Standards (Table 12-3) or CDOT Class A filter material (Section 703.09). Subsection 506.03 is revised to include the following: Wherever possible, the excavation for the riprap sections shall be undisturbed material, or where this is not possible, the underlying materials shall be compacted to 95% of maximum density as determined by ASTM D 698. The bottom of the excavation shall have a uniform slope, be reasonably smooth, free from mounds and windrows and free of debris prior to placing the filter material. Bedding material shall be placed on top of the subgrade material prior to riprap installation at all locations of riprap sections shown on the plans. The layer shall be shaped to provide the minimum thickness of bedding material as shown on the details of the plans. Riprap material shall be placed immediately after the bedding material is placed and in a manner to provide a well - graded mass of stone with minimum voids. Riprap may be machine -placed with sufficient handwork to minimize disturbance of the bedding material layer. This material shall be placed to the required thickness and grade shown on the details of the plans. Topsoil material shall be used to backfill and bury the entire riprap bed area and compacted to insure thorough settling of the topsoil within the rock voids. The top three inches (3") of the topsoil shall be loosely placed. This material shall be placed to the required thickness as shown on the details of the plans. The contractor shall utilize, when appropriate, existing topsoil on site. Subsection 506.04 is revised to include the following: Riprap sections specified in the plans will be paid for at the contract unit price per TON. The unit price bid shall U:\Dmke/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 25 Drake/Ziegler Improvement Project Phase 11 Date: December 26.2006 include all costs associated with installation of the bedding material, riprap and topsoil including excavating for the placement of these materials, all materials, delivery, stockpiling and handling of the riprap. Subsection 506.05 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 506-01 9'X9'X18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-02 22'X184'X18" Type L Rip -Rap 6" Topsoil (CIP Per Detail) — (EA) 506-03 27'X119'X 18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-04 240'X15'X18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-05 240'X30'X18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-06 145'X18'X18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-07 4'X4'X 18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-08 39'X I TX 18" Type L Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-09 16'X 12'X2' Type M Rip -Rap — 6" Topsoil (CIP Per Detail) — (EA) 506-10 12" D50 Rip -Rap @ Page 35 of 142 — (TON) 506-11 18" Type H D50 Rip -Rap — (TON) 506-12 Rip Rap at McDowell Box Culvert — (CY) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavating, placing riprap, bedding and topsoil, complete -in - place, including haul and stockpile of materials, handling of the riprap and finish grading of the surface as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phasc II\Technical Specifications Technical Specs - 26 Drake/Ziegler Improvement Project Phase Il REVISION OF SECTION 601 STRUCTURAL CONCRETE Section 601 of the Standard Specifications is hereby revised as follows: Subsection 601.01 is revised to include the following: Date: December 26.2006 This work shall consist of the addition to the Spring Creek Bridge on Timberline Road. The construction will consist of Pilings, Bridge abutments, Bridge Deck, Parapet Walls, Railing and necessary conduits in accordance with the plans, specifications, and the Larimer County Urban Area Street Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor is responsible for providing all materials and equipment necessary to meet the requirements of the Colorado Department of Transportation Standards and Larimer County Urban Area Street Standards. Mix Design: 1. Compressive Strength: 4000 psi at 28 days a. Minimum number of cylinders passing above requirements shall be 90%. b. Minimum strength of cylinder acceptable, 3800 psi 2. Cement Content: 6 bags per cubic yard minimum 3. Maximum Permissible Water— Cement Ratio a. For 4000 psi strength, non air -entrained, absolute ratio by weight 0.49. b. For 4000 psi strength, air -entrained, absolute ratio by weight 0.45 4. Slump: Four inch maximum. 5. Air Content: 6%+/- 1 '/2 % for concrete with exposed surfaces or subject to freezing and thawing; not required for other concrete. All Shop Drawings most be approved by the Design Engineer (Loris and Associates, Inc). The accepted quantities will be paid for at the contract price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 601-01 20'XTX84' Box Culvert— (CIP) W/Wingwalls/Parapet Walls/Toe Walls— (LS) 601-02 Metal Orifice Plate for 20'XTX84' Box Culvert — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work involved in a cast in place bridge, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 27 Drake/Ziegler Improvement Project Phase II REVISION OF SECTION 603 CULVERTS AND SEWER Section 603 of the Standard Specifications is hereby revised as follows: Subsection 603.01 is revised to include the following: Date: December 26, 2006 This work shall consist of the construction of Reinforced Concrete Pipe, Corrigated Metal Pipe, pipe connections, and joint encasement in accordance with the plans, specifications, and the Larimer County Urban Design Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include in the Work all the necessary items to complete the Work including but not limited to excavation, bedding, backfill, and compaction. The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 603-01 12" PVC C-900 — (LF) 603-02 24" Class III RCP — (LF) 603-03 30" Class III RCP — (LF) 603-04 36" Class III RCP — (LF) 603-05 24" Class III RCP — FES — (EA) 603-06 30" Class III RCP — FES — (EA) 603-07 36" Class III RCP — FES — (EA) 603-08 Tie to Existing Storm Drain Lines — (EA) 603-09 Concrete Headwall for 12" PVC — (LS) 603-10 2X48" RCP @ Outfall Channel Siphon — (LF) 603-1 I 48"X12" RCP Tee — (EA) 603-12 48" Special Elbows 16.7*Concrete RCP — (EA) 603-13 2X48" RCP Concrete Encasement Per Detail — (LF) 603-14 Concrete Encasement on 12" PVC SDR-35 Pipe — (LF) 603-15 12" PVC SDR-35 — (LF) 603-I6 30" Steel Encasement Pipe — (LF) U:\Drake/Ziegler Improvement Project Phase Iffechnical Specifications Technical Specs - 28 DrakeiZiegler Improvement Project Phase ❑ Date: December 26. 2006 603-17 Tie 12" PVC SDR-35 to Existing Manhole -- (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work involved in installing pipe and encasing joints, complete in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Concrete and/or Asphalt patching will be paid for separately under the appropriate item. END OF SECTION UADmke/Ziegler Improvement Project Phase IRTechnical Specifications Technical Specs - 29 Drake/Ziegler Improvement Project Phase II Date: December 26. 2006 REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows: Subsection 604.01 is revised to include the following: This work shall consist of the construction of COFC Area Inlets, CDOT Type R inlets and providing and maintaining erosion control, in accordance with the plans, specifications, and the City of Fort Collins Storm Drainage Design Criteria and Construction Standards. It shall be the Contractor's responsibility to purchase and familiarize themselves with these specifications. The Contractor shall include the cost of excavation, backfill, compaction, and installation and maintenance of erosion control into each item listed in this section. The Contractor shall clean all sediment caught in the storm sewer system due to this project. The frequency of the cleaning shall be at the direction of the Engineer. The Contractor will not be allowed to flush the pipes with water. All Erosion Control Devices, Materials, and Techniques required to prevent damage to the storm water facilities as outlined in the City of Fort Collins Standards will be considered incidental to the work, and shall be included in the price. No measurement for payment shall be made for maintenance of Erosion Control devices. Subsection 604.02 is revised to include the following: Proportioning shall conform to the requirements for Class B concrete as described in Section 601. Subsection 604.08 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 604-01 4' Storm Sewer Manhole — (EA) 604-02 Type 13 Area Inlet — (EA) 604-03 48" Cut-off Walls — (EA) 604-04 48" Siphon Manholes — 6' Diameter — (EA) 604-05 48" Siphon Inlet Box — (EA) 604-06 48" Siphon Outlet Structure — (EA) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in constructing inlets, constructing manholes, and installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase II\Technical Specifications Technical Specs - 30 Drake/Ziegler Improvement Project Phase 11 REVISION OF SECTION 608 SIDEWALKS AND DECORATIVE CROSSWALKS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 is revised to include the following: Date: December 26. 2006 This work shall consist of the construction of concrete driveways, in accordance with the plans and specifications. Required saw cutting will be incidental to the work and will not be measured or paid for separately. The use of aggregate base material for fine grading or over excavated areas will not be paid for separately. Subsection 608.02 is revised to include the following: Proportioning shall conform to the requirements for Class "B" concrete as described in Section 601 with the exception the minimum 28 day compressive strength shall be 3500 psi. Subsection 608.05 is revised to include the following: The Concrete Driveways (6") item will be measured by the square foot of finished flatwork. Subsection 608.09 is revised to include the following: The accepted quantities will be paid for at the contract unit price. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 608-01 Concrete Spillway @ Stoneridge Pond (45'X 1') —Per Detail — (LS) The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing concrete sidewalks, miscellaneous flatwork, access ramps, drive approaches, and driveways, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting joints, curing, placing dowels, and sealing joints as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 31 Drake/Ziegler Improvement Project Phase II REVISION OF SECTION 619 WATER LINES Section 619 of the Standard Specifications is hereby revised as follows: Subsection 619.01 is revised to include the following: Date: December 26.2006 This work shall include installing DIP Pipe, gate valves, tees, tapping saddles, plugs, reaction blocks, fire hydrants and joining to existing lines and other items as shown on the plans and as designated by the Engineer. This work shall meet the requirements of the current City of Fort Collins Standard Construction Specifications. It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications. 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, 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. Subsection 619.05 is revised as follows: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 619-01 8" DIP CL — 52 Water Main — (LF) 619-02 Plug w/Thrust Blocks — (EA) 619-03 I" Irrigation Service (including Curb Stop, Corp Stop and Tapping Saddle — (EA) 619-04 8" Water Line Lowering at Cottonwood Box Culvert — (EA) 619-05 45 Degree Bends w/Thrust Blocks — (EA) The above prices and payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing PVC water pipe and valves, connecting to existing water lines according to Elco Water District Standards, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION U:\Drake/Ziegler Improvement Project Phase ll\Technical Specifications Technical Specs - 32 Iiiti 1i§traii%e SF,g..�,if, 4 urcliasing 11'1"k.5t ADDENDUM No. 3 Drake Ziegler Improvement Project Phase 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6029 Drake Ziegler Improvement Project Phase 2 OPENING DATE: March 2, 2007, 3:00 p.m. (Our Clock) To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGES: OPENING DATE: March 2, 2007, 3:00 p.m. (Our Clock) I. Box Culvert Price is to include Attached Sidewalk, 2-4" PVC conduits, 2-2" PVC conduits for future utilities, and shall also include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work involved in a cast in place box culvert, as shown on the plans, as specified in these specifications, and as directed by the Engineer. II. Bid Tab clarifications: 603-11 2X48" RCP @ Outfall Channel Siphon should have a contract quantity of 280 Linear Feet. 603-12 48"X12" RCP Tee with a contract quantity of 2 each should be REMOVED from the Bid Tab. 603-13 48" Special Elbows 16.7* Concrete RCP with a contract quantity of 4 each should read 48" Special Elbows 21.7 Deg. Concrete RCP and should have a contract quantity of 2 Each. • REVISED BID SCHEDULE ATTACHED Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fc¢ov.com Copies of the Contract Documents, complete with Construction Specifications and Drawings, may be viewed and purchased at: 1. Mercury LDO Reprograhics: • FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524 Ph: 970-484-1201, Fax: 970-221-0404 • ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112 Ph: 303-790-7169, Fax: 303-792-2936 • DENVER: 860 Bryant Street, Denver, CO. 80204 Ph: 303-893-8701, Fax: 303-893-0617 • COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903 Ph: 719-231-8121, Fax: 719-633-5710 • LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202 Ph: 303-785-2520, Fax: 303-785-2522 • BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302 Ph: 303-539-1350, Fax: 303-539-1356 2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado. 07/2001 Section 00020 Page 2 0- Construction Document Ordering Instructions (Download a complete PlanWell 4.0 Ordering Guide from w-ww.planwell.com) 1. GO TO: www.mercury-ldo.com 2. SELECT: Denver Links: "Plan Well" 3 PlanWeIr Oi ... Kwo SELECT: Public gala: O"— Planroom: "Go" MerCUrV/LD0 Colorado PlanWel r Digital Document management a Distribution Use, Name PaSV,i,DuJ, Not a member yet? 4411n. UP P" huimiu, W l— ruunmi 0—m iiu,mo wk," 1m 1M lm rmr mi. Full Public Pm;a.t fn 8idd" huirlil No Login Required 4. SELECT: the desired "Project Number" from the list cui—lk,ki, I EM un, gtude 07/2001 Section 00020 Page 3 5. CLICK: "Most Current Set" to View the list of documents available for the project 31 der iterus by clicking the cart icon: Stxt Aden I[em 8rOW56f ��t >,t iurreni Sei Si Path'Ii�Most yiA I200a}44400Mountai in i( Qlssue Seti ._._ QRev sbn 1 { QRevision 2 �/ �A_I Issue Set 7/29/2002 Architectural 24%36 LBW [A 2 Issue Set 7/29/2002 Architectural 24%36 LBW Revision 2 2/10/2004 Architectural 24%36 LBW �A=4 pji Issue Set 7/29/2002 Architectural 24A36 LBW Revision 1 11/12/2003 Architectural 2036 LBW 6. CLICK: Sheet No. to view 7. CLICK: to add a specific document to your "Shopp ng Cart" 8. CLICK: Start My 0_rd_e_r___1 to place the order for printing 9. REGISTER -or- LOGIN 10. SELECT: Process -Media, Output Size and Binding options 11. ENTER: Job Number and PO information then click Next. 12. REVIEW: Recipient information. 13. ENTER: Quantities 14. CLICK: the down arrow to populate order. 15. SELECT: Delivery options and Due time. 16. ENTER: Your phone number in the special instructions box. 17. CLICK: Next. 18. REVIEW order 19. CLICK: SUBMIT Planwell contacts: Sam Ordway 970-691-2201, sordway@mercury-ldo.com David Bacon-720-220-7683, dbacon@mercury-ldo.com Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 07/2001 Section 00020 Page 4 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 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited City of Fort Collins By 07/2001 James B. O'Neill, II, CPPO, FNIGP Purchasing & Risk Management Director Section 00020 Page 5 SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 2.0 3.0 SECTION 00100 INSTRUCTIONS TO BIDDERS 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). 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. QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort 12/03 Section 00100 Page 1 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. 12/03 Section 00100 Page 2 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 days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 12/03 Section 00100 Page 3 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. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which may be retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of SUMS. 12/03 Section 00100 Page 4 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 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 12/03 Section 00100 Page 5 Addendum 3 Revised Bid Schedule Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSRING DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM CONTRACT NUMBER DESCRIPTION QUANTITY I UNIT I UNIT COST TOTALCOST Drake/Zeigler Phase II Roadway Quantities: 201-01 Clearing and Grubbing 1 LS 202-01 Remove Pipe (RCP,CMP,PVC) 170 LF 202-02 Remove Vertical Curb and Gutter 275 LF 202-03 Remove Sidewalk 275 LF 202-04 Remove Asphalt Pavement (5"-10" Depth) 7,000 SY 202.05 Remove 2500 Existing FCCRD Crossing Structure (Old County Rd. N) 1 LS 202-06 Remove Air Vac Manhole and Valve 1 EA 202-07 Remove Stoneridge Spillway Per Plan Sheets 46,47 1 LS 202-08 Remove Culvert 22 LF 202-09 Remove Irrigation Structure 2 EA 202-10 Abandon 6" Water (Station 96+50 Per Plan) 1 LS 202-11 Flow Fill Abandoned 6" Water Line 1 LS 202-12 Saw Cut Existing Asphalt 116 LF 202-13 Remove Existing FCLWD Meter Pit and Meter 1 LS 202-14 Remove Existing Concrete Headwalls 2 EA 203-01 Unclassified Excavation - Roadway 8000 CY 203-02 Unclassified Excavation - Outfali Channel 32550 CY 203-03 Unclassified Excavation - FCRID Channel 6523 CY 203-04 Haul - Outfall Channel Excess Material 32550 CY 203-05 Embankment - (CIP) - Roadway 65337 CY 203-06 Embankment - (CIP) - Outfall Channel 2930 CY 203-07 Embankment - (CIP) - FCRID Channel 4058 CY 203-08 Import Fill 24661 CY 203-09 Topsoil - (Stripping, Stockpiling, Placing) - 6" Depth - Roadway 5576 CY 203-10 Topsoil (Stripping, Stockpiling and Placing) (6") - Outtatl Channel 8550 CY 203-11 Topsoil (Stripping, Stockpiling, Placing) (6") - FCRID Channel 2814 CY 203-12 Muck Excavation - Outfall Channel 2450 CY 203-13 Muck Excavation - FCRID Channel 1915 CY 203-14 Potholing 1 LS 203-15 Flow Fill Section Over Shallow Utilities 200 LF 203-16 Borrow ABC (Class 5 or 6) - (CIP) - at FCRID realignment 550 TON 206-01 Structure Excavations 320 CY 206-02 Borrow Structural Backfill Material (R-Value>25) @ Wingwalls 391 CY 206-03 Structure Backfill Flow Fill @ Box Culvert 1434 CY 206-04 Fitter Material (1 1/2" Washed Rock) 300 TON 206-05 Structure Haul and Dispose (On -Site) 155 CY 206-06 Structure Muck Excavation 155 CY 206-07 Dewatering 3 EA 208-01 Erosion Control 1 LS 208-02 Wattles 300 LF 208-03 Soil Retention Blanket 13300 SF 208-04 Straw Bale Slope Protection 36 EA 210-01 Modify Manhole 2 EA 210-02 Relocate Existing Headgate 1 LS 304-01 Gravel Access Road - 6" - (CIP) 4200 TON 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. 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. 12/03 Section 00100 Page 6 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 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 counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20.0 TAXES. 12/03 Section 00100 Page 7 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: Gity 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 12/03 Section 00100 Page 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 6029 Drake Zeigler Improvement Project - Phase 2 Place T=Isr—/�1 \ Y� Date c- � C r -. Zpe'+ 1. In compliance with your Invitation to Bid dated0 -i-, 260-)Iand 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 e tified or cashiers check or standard Bid bond in the sum of S - ($ ) in AncordancA 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:�a. 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 undersigne Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 Addendum 3 Revised Bid Schedule Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZINO DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM t CONTRACT NUMBER DESCRIPTION OUANTITY UNIT UNIT COST _ TOTAL COST _ Drake/Zeigler Phase 11 Roadway Ouantitlem ', 201-01 Clearing and Grubbing 1 LS 20 VD0 2DI 000.013 202-01 Remove Pipe (RCP,CMP,PVC) 170 LF 202.02 Remove Vertical Curb and Gutter 275 LF 202.03 Remove Sidewalk. 275 LF 202-04 Remove Asphalt Pavement (5"-10" Depth) 7,000 SY 202-05 Remove 25x30 Existing FIORD Crossing Structure (Old County Rd. 419) 1 LS .Z.� 202-06 Remove Air Vac Manhole and Valve 1 EA 202-07 Remove Stoneridge Spillway Per Plan Sheets 46,47 1 LS 202.08 Remove Culvert 22 LF Mash 202-09 Remove Irrigation Structure 2 EA 202-10 Abandon 6"Water (Station 96+60 Per Plan) 1 LS _� 202.11 Flow Fill Abandoned 6" Water Line 1 LS 27%,. 00 _202.1 Sew Cut Existing P 116 LF 202-13 FCLW Remove Existing FCLW D Meter Pit and Meter 1 LS 202-14 Remove Existing Concrete Headwalls 2 EA , 203.01 Unclassified Excavation - Roadway $000 CY 1, 203-02 203.03 Unclassified Excavation • Outfall Channel Unclassified Excavation - FCRID Channel 32550 6523 CY CY 203.04 Haul - Oudall Channel Excess Material 32550 CY 203-05 Embankment - (CIP) - Roadway 65337 CY i • CID 203.06 Embankment - (CIP) • Cattail Channel 2930 CY �15 203.07 Embankment • (CIP) - FCRID Channel 4058 CY 203.08 Import Fill 24661 CY 203-09 Topsoil - (Stripping, Stockpiling, Placing) - 6" Depth - Roadway 5576 CY Z jg- 203-10 Topsoil (Stripping, Stockpiling and Placing) IS") - Outfall Channel 8550 CY _ - 15 203-11 Topsoil (Stripping, Stockpiling, Placing) (6") - FCRID Channel 2814 CY ., 203-12 Muck Excavation - Outfall Channel 2450 CY 12 203-13 Muck Excavation • FCRID Channel 1915 CY u J-- 203-14 Potholing 1 LS 2_05 203-15 Flow Fill Section Over Shallow Utilities 200 LF I D, b 0 203-16 Borrow ABC (Class 5 or 6) • (CIP) - at FCRID realignment 550 TON 11.4 S. 206.01 Structure Excavations 320 CY 206-02 Borrow Structural Backfill Material (R-Value>25) @ W ingwalls 391 CY L19,15 206-03 Structure Backfill Flow FlII @ Box Culvert 1434 CY y �2.1alZ 206.04 Filter Material (1 112" Washed Rock) 300 TON .22,=. rR-"t AQ- Mir 206-05 Structure Haul and Dispose (OrrSite) 155 CY 3T � nQ 206-06 Structure Muck. Excavation 155 CY 1.30 `101.56 206-07 Dewatering 3 EA �%SS'" fj6 208.01 Erosion Control 1 LS 9;1.73,DD 208.02 Wattles 300 LF . 208-03 Soil Retention Blanket 13300 SF 208.04 Straw Bale Slope Protection - 36 EA 210.01 Modify Manhole - 2 EA Q�p1,.1�u py,ay 1 I &1�$, 01) 210.02 Relocate Existing Headgate 1 LS 4 q b� irmh 304.01 Gravel Access Road - 6" - (CIP) 4200 TON 12. 5BI s'60 , bf) Addendum 3 Revised Bid Schedule Drake[Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZIND DEPARTMENT 403-01 HBP Paver Patch - Grading S - (2.5". Depth) - (PG 64.28) 403-02 HBP Paver Patch - Grading SG- (4" Depth) - (PG58-28) CONSTRUCTION YEAR: 2007 75 TON 284 TON tom. (AU 2$`rj'-"ir"i, 4 506-01 9"X9"X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 2 EA )'q. & D j . [539'- 1'bb 506.02 22'X184'XI B" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA f t;155, dd )3 `] SS.- D A 506-03 27'XI 1 9'XI 8"Type L Rip -Rap . 6" Topsoil (CIP Per Detail) 1 EA ) i�� $a-ba F�'A$ , p fN 506-04 240'X15'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 4.t C) '('Z, Z.- 506-05 240'X30'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA ��LL�Lr_L.��l .cF . 5D6.06 145"AI8'XI V Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 7!ALI R' 21J.1G� GD 506-07 4'X4'Xi8" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 3gp,6p '�cja, 400 506-08 39'X17'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 01 506-09 15'X12'X2' Type M Rip -Rap - 6" Topsoil (CIP Per Detail)- Oultall Channel 1 EA 6 506-10 12" O50 Rip -Rap @ Page 54 of 74 - Outtall Channel 232 TON tr'f[sµ. 506-11 16" Type H D50 Rip -Rap - OutfalfChannel 180 TON g� �g3. bD 506-12 Rip Rap at McDowell Box Culvert - 63 CY . �� ,'S$ .'j S" r 601.01 20'X7'X84' Box Culvert - (CIP) W/Wingwalls/Paraphet Walls/Toe Walls 1 LS 21 DD 2 � 'LOn 601.02 Metal Onatice Plate for 20'X7'XB4' Box Culvert 1 LS 5153, AN 603-01 12" PVC C-900 149 LF _ g1.1 _�r �5) , ) 6j 603-02 24" Class III RCP 25 LF 44 a. Op bb 603.03 30" Class III RCP 67 LF �'4, uD 11 603-04 36" Class III RCP 171 LF '1(e , `9 D ) 3� l I S _. �7 6 603-05 24" Class Ili RCP FES 1 EA 53'1, DDj' Q L7 603-06 30" Class III RCP FES 1 EA -r26, pp 603-07 36" Class III RCP FES 2 EA 603-08 Tie to Existing Storm DrLines 2 EA 1ain 4i%4 • ob '11 q (lltC , bb 603-09 Concrete Headwall for 12" PVC 1 LS 2hJp2 hb �a ©�'�, 603.10 2X48" RCP @ Outfall Channel Siphon 280 LF 603.11 48" Special Elbows 21.7 Deg. Concrete RCP 2 EA 1. Wj ©, b n 603.12 2X48" RCP Concrete Encasement Per Detail 105 LF 603-13 Concrete Encasement on IV PVC SOR35 Pipe 105 LF 603-14 12" PVC SDR-35 863 LF 603.15 30" Steel Encasement Pipe 116. LF 1 603.16 Tie 12" PVC SDR-35 to Existing Manhole 2 EA 604-01 4' Storm Sewer Manhole 2 EA ��Q�.� LJ 604-02 Type 13 Area Inlet 1 EA r Z 31 S . mn 604.03 48" Cut-off Walls 3 EA t..S �fSdL. Zr,7 , 06 604.04 48" Siphon Manholes - 6' Diameter 2 EA OD ) f,�, �9 B04.05 48" Siphon Inlet Box 1 EA Fit, 604.06 48" Siphon Outlet Structure 1 EA I 4 ,j=_ 608.01 Concrete Spillway @ Stoneridge Pond (45'Xt') - Per Detail 1 LS 619-01 8" DIP CI-52 Water Main 243 LF 619.02 Plug w/rhrust Blocks 2 EA Jq J,Do 619-03 1" Irrigation Service (Including Curb Stop, Corp Stop and Tapping Saddle) 1 EA D + �Q , b b 619.04 8" Waterline Lowering at Cottonwl od Box Cuvlert 1 EA [,9-_�75, b L1 619.05 45 Degree Bends wl Thrust Blocks 2 EA 7BQ, DU r , Subtotal Drake/Ziegler Phase II: Addendum 3 Revised Bid Schedule Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZINO DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM CONTRACT NUMBER - DESCRIPTION QUANTITY UNIT I UNIT COST J TOTAL COST Landscaping Quantities: 2900-01 Seeding 18 ACRE Subtotal Lanscaping Quantities: Miscellaneous Quantities: • Contract Bond 1 LS lj . �� %S, //4q DD 625-01 Construction Surveying 1 LS { lele5'4, DD �� t Lam. ULi 626.01 Mobilization 1 LS Subtotal Drake/Ziegler Phase II Misc. Quantities: Total Main Project, Landscaping and Misc. Quantities: Total Bid in WordaC71^2 .ems,.. L k I 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 (Please Print) t BY: w . 1 V � • " � \ \ Signature Date Title License Number (If Applicable) (S4f' Bid is by corporation) e, Address _I`�- 3Q �, Cow-,,.Q�c.S� \3L ;roc Telephone Email ok_� yn� \ c1-,o n: G<_rXl 7/96 Section 00300 Page 5 SECTION 00410 BID BOND KNOW ALL MW BY THESE PRESENTS: that we, the undersigned Gerrard Excavating, Inc. as Principal, and as surety, are hereby held and firmly bound unto the City of Port Collins, Colo rac0, as OWNER, in the sum of $five Percent of* for the payment of -which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. *bid amount 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, 6029 Drake Zeigler Improvement Project - Phase 2. NOW THEREFORE, (a) If said Hid 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 snd 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 OWN'4R. Addendum 3 Revised Bid Schedule Drake/Ziegler Improvement Project Phase 11 CITY OF FORT COLLINS, STREET-OVERSIDNG DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM CONTRACT NUMBER DESCRIPTION QUANTITY UNIT I UNIT COST TOTAL COST 403-01 HBP Paver Patch - Grading S - (2.5" Depth) - (PG 64-28) 75 TON 403-02 HBP Paver Patch - Grading SG- (4" Depth) - (PG58.28) 284 TON 506-01 9"X9"X18" Type L Rip -Rap - 6" Topsoil (GIP Per Detail) 2 EA 506-02 22'X184'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-03 2TX119X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-04 240'X15'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-05 240'X30'XI B" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-06 14TX18'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-07 4'X4'X18" Type L Rip -Rap - 6" Topsoil (CIP Per Detail) 1 EA 506-08 39'X17'X18" Type L Rip -Rap - 6" Topsail (CIP Per Detail) 1 EA 506-09 16'X12'X2' Type M Rip -Rap - 6" Topsoil (CIP Per Detail)- Outtall Channel 1 EA 506-10 .12" D50 Rip -Rap @ Page 54 of 74 - Outfall Channel 232 TON 506-11 18" Type H D50 Rip -Rap - Outfall Channel 180 TON 506-12 Rip Rap at McDowell Box Culvert 63 CY 601-01 20'XTX84' Box Culvert - (CIP) W/Wingwalls/Paraphet WallsfToe Walls 1 LS 601-02 Metal Orrafice Plate for 20'X7'X84' Box Culvert 1 LS 603-01 12" PVC C-900 149 LF 603-02 24" Class III RCP 25 LF 603-03 30" Class III RCP 67 LF 603-04 36" Class III RCP 171 LF 603-05 24" Class III RCP FES 1 EA 603-06 30" Class III RCP FES 1 EA 603-07 36" Class III RCP FES 2 EA 603-08 Tie to Existing Storm Drain Lines 2 EA 603-09 Concrete Headwall for 12" PVC 1 LS 603-10 2X48" RCP @ Outtall Channel Siphon 280 LF 603-11 48" Special Elbows 21.7 Deg. Concrete RCP 2 EA 603-12 2X48" RCP Concrete Encasement Per Detail 105 LF 603.13 Concrete Encasement on 12" PVC SDR-35 Pipe 105 LF 603-14 12" PVC SDR-35 863 LF 603-15 30" Steel Encasement Pipe 116 LF 603-16 Tie 12" PVC SDR-35 to Existing Manhole 2 EA 604-01 4' Stonn Sewer Manhole 2 EA 604-02 Type 13 Area Inlet 1 EA 604-03 48" Cut-off Walls 3 EA 604-04 48" Siphon Manholes - 6' Diameter 2 EA 604-05 48" Siphon Inlet Box 1 EA 604-06 48" Siphon Outlet Structure 1 EA 608-01 Concrete Spillway @b Stoneridge Pond (45'XV) - Per Detail 1 LS 619-01 8" DIP CI-52 Water Main 243 LF 619-02 Plug w/Thrust Blocks 2 EA 619-03 1" Irrigation Service (including Curb Stop, Corp Stop and Tapping Saddle) 1 EA 619-04 8" Waterline Lowering at Cottonwood Box Cuvlert 1 EA ' 619-05 45 Degree Bends w/ Thrust Blocks 2 EA Subtotal Drake/Ziegler Phase II: IN WITNESS WHEPRor. the Principal and the Surety have hereunto set their hands and seals this 2nd. day of March , 20_U, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL• Names Gerrard Excavating, Inc. Addre3 9 South County Road 13C Loveland, CO. 80537 04 By• � � Title: '— ATTEST: S1=TT Travelers Casualty and Surety Company of Americ pne,Tower Square... Hartford. onnec_ticut 061,83 By -- Steven J. Ewing Title: Attorney=Tn-Fart (SEAL)[-, �iY1,+„ ,ry�,514\y��/ISYjR WARNING'. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER - This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidblit? and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in .the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the.future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuranc Cympan St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and S`u�rg$ ttp�meri�y gttd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy ofthe �wera��tt�tngx d bgs�"�lompanies, which is in full force and effect and has not been revoked. {11�� laV,1� } ttt'♦ Q1 2nd March 07 IN TESTIMONY WHEREOF, I have hereunto set my hand^N, NIX anies this day of , 20 — Kori M. Johans Assistant I •Ri 4� .•,qy . st.,.,.. �:. tP � 1977 acaraaoNulleo 1951 {{ff\\ff\ z tiEtt RRNCt YI.t' • AMi ,�' .�,�yO qMy�•(.. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com, Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217948 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 012 7 9 314 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard D. Herbert, Christine A. Herbert, Steven J. Ewing, and Bryan K. Brenning of the City of Longmont , State of Colorado , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, rwrignizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in the"irr-kusjpess of aranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or or pq tt{mtn a�� olILIVeedings allowed by law. C�� 1st IN WITLEoSS N REOF, the Com��je(Cxx1100s have caused this ins �Sjgn d �kpt orate seals to be hereto affixed, this m r ve day of r Farmington Casualty Cq 0 Qq St. Paul Guardian Insurance Company Fidelityand Guaranra e pat�4l_ St. Paul Mercury Insurance Company Fhtleli and Guaran nde rs, Inc. 'Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. r starry r,R � ov�M �Ms�i Jpl.�MtUq� �,,�irlwo�A �tt� �Mb , t'FtEtt ANLf if • ati !\i`. � '�l Vl� \r•,/� � ntt� . M By: 4�Zgve_�� Georg Thompson, nior ice President On this the 1st of November 2006 before me y personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Or In Witness Whereof, I hereunto set my hand and official seal. R My Commission expires the 30th day of June, 2011. Ar A. `A v, k C . t r� Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. 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: Csvrrn� Fy P W-A; nn TMC 2. Permanent main office address: 1119 Vasunlw 4.(-A ou and CO 3. When organized: ig85 4. If a corporation, where incorporated: toloradn 5. How many years have you been engaged in the contracting business under your present firm or trade name?--�Iayollrs 6. Contracts on hand: (Schedule these, showing the amount of each contract and 11the appropriate anticipated dates of completion.) 7. General character of work performed by your company: N•Air��rzit1,,,.,,,ln �,,,'` n�PL�kr-4)04trIG rn: 1,�1�11-u ""'Q .iIIAAAcm - %P 0 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 1,Z 9. Have your ever defaulted on a contract?�� If so, where and why? 10. Are you debarred by any government agency? L-)C) If yes list agency name. 7/96 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. SPp OkLAC4.pa 12. List your major equipment available for this contract. Oil R nr},ari 13. Experience in construction work similar in importance to this project: s=4.t� 14. Background and experience of the principal members of your organization, including officers: ` 15. Credit available: $ 16 17 18 19 Bank reference: Nip S�"te n)K Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? a 1hk.�l `01 AAPJr Are you licensed as a General If yes, in what city, county class, license and numbers? Do you Contract? Q c If yes, wha and to whom CONTRACTOR? and state? What anticipate subcontracting Work under this 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL N. A4tnaanl luil-h qpnptal emlr2CIn( 7/96 Section 00420 Page 2 21. What are the limits of your public liability? DETAIL s What company? 22. What are your company's bonding limitations? gain mlll;m- 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 (l-•Wg��.C� this Z day of 2C) . CexrnrA imijolAn:Lae- Name of Bid Q Title:_1J State of No m an County of L,irixe* r is .? of-y (name of organization) the answers to the foregoing are true and correct. ing duly sworn deposes and says that he +n�km Sr,,- _ and that questions and all statements therein contained Subscribed and sworn to before me this 2 day of 200� d�JI 114 A NNootary Public \\\``0%jliIM11111 Vtl `�� "OTq� r My commission expires /Ht, _1n s P1101!r cot 7/96 Section 00420 Page 3 SECTION 00430 SCHEDULE OF;SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the.; contract. :A ITEM --t. SUBCONTRACTOR 7/96 Section 00430 Page 1 � Exnraaaa, are. 17aa A ewunry RJ Isc taaaYM. W 110177 pre)Ma1 (are)(are)o.a,wau 4 eo PROJECT NAME LOCATION CONTRACTOR NAME ENGINEER ENGINEER PHONE DESCRIPTION AMOUNT COMPLETION DATE 2534 Bid Pack #2 Johnstown Double Ea le Constructive Services Nolte Associates 221-2400 Site development $ 4,155,315.00 Jun-07 2534 Bid Pack #3 Johnstown Double le Construction Services Nolte Associates 221-2400 Site development S 5,862,402.00 Jun-07 2534 Bid Pack #4 Johnstown Double Eagle Construction Services Nolte Associates 221-2400 Site development $ 2,216 360.00 Au -07 2534 Bid Pack #5 Johnstown Double a Coostmetion Services Nolte Associates 221-2400 Site development S 1,452 402.00 Iw-07 Hi Meadows Golf Course Phase 4 Windsor Summit Land t Northern En ' eerie 2214158 Site development E 496,220.00 Mar-07 Hi and Meadows Golf Course Phase 5 Windsor Summit Land M ent Northern ine 2214158 Site development S 276,376.00 Feb-07 Lena Avenue Estates Ft Collins Double Eagle Construction Services Northern Enjuncormt 2214158 Site development $ 941,793.00 Feb-07 Greeley Interconnect Johnstown Double Esale Construction Services Nolte Associates 221-2400 Waterline $ 713,433.00 Feb-07 LCR #3 Sanitary Sewer Borc & Extension Johnstown Hartford Homes Nolte Associates 221-2400 Sewer Line $ 1,070,362.00 Jun-07 Redtail PDP Ft Collins Dohn Construction North Star Design 686-6939 Site devolve mrnt $ 870,496.00 A r-07 Cheyenne School cline WY Fro P & P as 307-637-5727 Site dev and structural ex $ 463 634.00 Au -07 a lamb From Range Baptist Church Ft Ft Collins t Range Front a Baptist Church Nolte Associates 221-2400 Site and structural excavation S 611 923.00 Jul-07 Eslan Park Loveland Eslan Park LLC JL Walter 613-2037 Site development $ 728 201.00 Jul-07 Federal Ez nw Johnsto" DSP Builders Northern Engineering 2214158 Structural Excavation S 215 476.00 Ma -07 Harmony School Shops Ft Collins Dicon IR En 491-9888 Site development $ 308.392.00 Ma -07 Hover Place Condos Longmont Landmark Const. Solutions Tetra Tech 303-772-5282 Site Bevel went $ 440 569.00 Au -07 Imo Horse Johnstown ire M Management Northern E eerie 2214158 Site develo meet S 1005,126.00 Ma -07 No. Colo. Rehab. Addition Johnstown MJ Hari Inc, ier Foundation Co. 816-4214334 Structural Excavation S 130 932.00 S 07 Rid eview Office Pazk Johnstown IThompson, Ranch Development Nolte Associates 221-2400 Site & Utilities $ 313 861.00 Jun-07 Gerrard Excavating, Inc. 1739 S. County Rd 13C Loveland, CO 80537 (970)669-1463 (970) 669-1964 4// L'13 PROJECTS COMPLETED IN THE PAST 5 YEARS PROJECT NAME CONTRACTOR NAME AMOUNT COMPLETION DATE Loveland Police & Courts Hensel Phelps Construction $ 399,725.00 Feb-02 Highland Meadows Sewer Line Summit Land Management $ 342 828.00 Feb-02 Windsong 7th Adair Group $ 659,091.00 Feb-02 Mountain Ridge Farms Summit Land Management $ 899,989.00 Mar-02 Mountain Ridge Farms 4th Progressive Living Structures $ 269,144.00 A r-02 Poudre River Ranch Double Eagle Construction $ 928,932.00 A r-02 Rocky Mountain 7th Trammel Crow Residential $ 331,732.00 Ma -02 Harmony Park Mark Young Construction $ 228,079.00 Jun-02 Stanton Creek 4th & 5th James Companv $ 678,967.00 Jun-02 Westbrooke Summit Land Management $ 328,410.00 Au -02 Kechter Road Improvements City of Ft Collins $ 2,300,379.00 Au -02 Weld County Library Hensel Phelps Construction $ 317,676.00 Au -02 Rock Crest Apartments Coe Construction $ 207,655.00 Se -02 Homestead Heights Progressive Living Structures $ 1,041,060.00 Se -02 T-Bone Ranch Apartments The Adair Company $ 782,667.00 Se -02 Bennett Road Bungalows S an'er Construction $ 297,017.00 Nov-02 The Hill Double Eagle Construction $ 875,760.00 Jan-03 Brunner Farms Double Eagle Construction $ 666,880.00 Jan-03 Three Silos Three Silos, LLC $ 869,559.00 Jan-03 Clydesdale Park Double Eagle Construction $ 784,915.00 Feb-03 Dos Rios Joyce Allel $ 176,879.00 Jun-03 Westridge Village II Dohn Construction $ 154,772.00 Jul-03 Page 1 Gerrard Excavating, Inc. 1739 S. County Rd 13C Loveland, CO 80537 (970)669-1463 (970)669-1964 PROJECTS COMPLETED IN THE PAST 5 YEARS PROJECT NAME CONTRACTOR NAME AMOUNT COMPLETION DATE The Lode Drahota Construction $ 711,909.00 Au -03 Cottonwood Ride Progressive Living Structures $ 1,422,063.00 Au -03 Matthews Farm Double Ea le Construction $ 1,265,525.00 Au -03 Mountain Ridge Farms 2nd Progressive Living Structures $ 327,305.00 Au -03 Lemay Avenue Widening Citv of Ft Collins $ 2,758,878.00 Au -03 Westrid a Village I Dohn Construction $ 814,335.00 Nov-03 Highland Meadows 4-2 Summit Land Management $ 1,300,950.00 Dec-03 Highland Meadows 6th Summit Land Management $ 343,269.00 Jan-04 Lofts at park Central Dohn Construction $ 145,178.00 Feb-04 Big Hom Ride Alliance Construction Sol. $ 522,133.00 Jul-04 Eckerd Drug Dohn Construction $ 168,713.00 Jul-04 Harvest Heights Double Eagle Construction $ 448,670.00 Jul-04 Soft Gold Park Sinnett Builders $ 141,819.00 Jul-04 Loveland - Ft Collins Ai ark Centre Point Business Ai ark, LLC $ 3,558,489.00 Au -04 Windsor Recreation Center Dohn Construction $ 209,419.00 Se -04 Highland Meadows Golf Course Phase 1 Summit Land Management $ 1,878,873.00 Dec-04 St Elizabeth Ann Seton Church Alliance Construction Sol. $ 166,098.00 Dec-04 Eleventh St Bride Dohn Construction $ 255,923.00 Dec-04 Mercantile at Crossroads Dohn Construction $ 358,033.00 Dec-04 Poudre Overlook Progressive U ing Structures $ 1,076,435.00 Dec-04 Glenn Ridge Estates Stoner Construction $ 291,800.00 Ma -05 Homestead 2nd Filing Legacy Development $ 1,079,805.00 May-05 Page 2 Addendum 3 Revised Bid Schedule Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM CONTRACT NUMBER DESCRIPTION QUANTITY UNIT I UNIT COST TOTAL COST Landscaping Quantities: 2900-01 Seeding Miscellaneous Quantities: - Contract Bond 625-01 Construction Surveying 626-01 Mobilization Total Bid in 18 ACRE Subtotal Lanscaping Quantities: 1 LS 1 LS 1 LS Subtotal Drake/Ziegler Phase II Misc. Quantities: Total Main Project, Landscaping and Misc. Quantities: Gerrard Excavating, Inc. 1739 S. County Rd 13C Loveland, CO 80537 (970) 669-1463 (970)669-1964 PROJECTS COMPLETED IN THE PAST 5 YEARS PROJECT NAME CONTRACTOR NAME AMOUNT COMPLETION DATE HMGC Phase 2 Summit Land Management $ 662,473.00 Ma -05 McKee Medical Center Alliance Construction Sol. $ 775,839.00 Ma -05 Pine Street Lofts Dohn Construction $ 175,265.00 Ma -05 Thompson Crossing Water Line Phs 1 & 2 Thompson Crossing Metro Dist. #1 $ 1,869,248.00 Jun-05 No. Colorado Rehabilitation Hospital M.J. Harris Inc. $ 321,514.00 Jun-05 Estates at Matthews Farm Double Eagle Construction $ 1,017,192.00 Jun-05 Homestead Heights Progressive Li ing STructures $ 424,732.00 Jun-05 Auto Auction Double Eagle Construction $ 483,218.00 Jul-05 HMGC Lift Station Summit Land Management $ 266,814.00 Dec-05 HMGC Phase 3 Summit Land Management $ 526,829.00 Nov-05 Johnsons Comer Dohn Construction $ 499,502.00 Se -05 Low Point Wastewater Treatment Plant Taylor Kohrs $ 2,437,109.00 Oct-05 Thompson Crossing Interceptor Taylor Kohrs $ 1,718,707.00 Oct-05 Orchards at Grapevine Hollow Dohn Construction $ 293,339.00 Nov-05 Poudre Overlook Phase 2 PLS Homes $ 329,522.00 Dec-05 Timnath Sewer South Ft Collins Sanitation Dist. $ 423,055.00 Dec-05 Trilby/Ziegler Road Improvements City of Ft Collins $ 805,235.00 Nov-05 Garnet Vallev Acres Richard & Shelly Oliver $ 249,236.00 Dec-05 Indian Creek Ranch Waterline PWP Golden Eagle Tree, LLC $ 487,704.00 Mar-06 Greenlee Demo & Grading Stephen Greenlee $ 137,655.00 Feb-06 Ranch at Highland Meadows Ta for Kohrs $ 135,157.00 Jan-06 Harmony Ridge Fling 2 Global Holdings of Colorado, LLC $ 1,060,174.00 Apr-06 Page 3 Gerrard Excavating, Inc. 1739 S. County Rd 13C Loveland, CO 80537 (970)669-1463 (970) 669-1964 PROJECTS COMPLETED IN THE PAST 5 YEARS PROJECT NAME CONTRACTOR NAME AMOUNT COMPLETION DATE Liberty Common Track Construction M mt. Assoc. $ 424,107.00 A r-06 Ri den Farm NW Roads Construction M mt. Assoc. $ 595,738.00 Jun-06 Westgate at Wellington DANCO Builders $ 327,603.00 Jun-06 Gateway Commercial Phase 1 Gatewav Commercial $ 555,880.00 Jun-06 2534 Retail 2534 Retail Phase 1, LLC $ 567,063.00 Jun-06 Summer Park Double Eagle Construction $ 565,624.00 Jul-06 Sh anne PLD Fountainhead Ventures $ 184,242.00 Au -06 Sun Chase Village Dohn Construction $ 497,150.00 Au -06 Bellwether Farm Double Ea le Construction $ 588,719.00 Se -06 Zie ler/Kechter Roundabout Citv of Ft Collins $ 1,418,268.00 Se 06 Blue Mountain Meadows Orcas Development $ 1,831,507.00 Se -06 South Lemay Ave. Improvements Lafarge $ 212,305.00 Oct-06 Invasive species Gerald H. Phipps $ 357,488.00 Nov-06 Medical Center of the Rockies Lafa e $ 301,113.00 Nov-06 Wellington Village Dohn Construction $ 859,993.00 Dec-06 Thompson Crossing PUD Double Eagle Construction $ 2,347,319.00 Dec-06 Peterson Specialty Products Dohn Construction $ 123,121.00 Dec-06 2534 Retail Phase 2 Double Eagle Construction $ 383,118.00 Dec-06 Page 4 -4/ a. I" `�ERRARO Developing A Common fixture Equipment List EXCAVATORS 345—105,000 LB 330 - 75,000 LB 225 - 60,000 LB 215, 320L - 40,000 LB 215 with thumb attachment - 40,000 LB 320L with jackhammer attachment - 50,000 LB LOADERS 950F,G,H - 4 CY 950A, 936,928 - 3 CY 966 add $10.00/hour for forklift attachment BACKHOES/LOADERS 416 580,310 210 add for compactor 140G 160H SCRAPERS 627, 623 - 23. CY 613/615 -18 CY TRUCKS Tandem -12 CY End Dump -16 CY Belly Dump -16 CY Rock Trailer -16 CY Water Truck Pick ups Lowboy COMPACTORS Sheeps foot roller 815 - 4 wheel w/ blade Bomag Roller - Pneumatic REX Arrow tamper DOZERS D5 Dozer D6 Dozer D7 Dozer 1739 South County Road 13c / Loveland, C0 80537 office 970.669.1463 /fax 970.669.1964 MISCELLANEOUS Compressor with breaker Bobcat Mini -Excavator Ag tractor and disc Laborers Supervisor MISCELLANEOUS POWER TOOLS Cut off saw, jumping jack, breaker, rock drill #1y Developing A Common Riture NAME 1739 South County Road 13c / Loveland, CO 80537 office 970.669.1463 / fax 970.669.1964 Gary Gerrard Owner of Gerrard Excavating, Inc. since 1984. Partner of Gerrard Construction 7 years. Ken Holman — Residential Superintendent Superintendent for Gerrard Excavating since 2005. Owned and operated water and sewer installation company from 1982 to 2002. Bill Nicholl — Project Manager Estimator/Project Manager for Gerrard Excavating since 1992. Project Manager/Contract Administrator since 1972. Riley Cooper — Commercial Superintendent Superintendent/Operator for Gerrard Excavating since 1991. Ed Hersh — Commercial Utility Superintendent Superintendent/Operator for Gerrard Excavating since 1996. Steve Jungemann Quality Control/Testing Technician for Gerrard Excavating since 1999. Technician Inspector for FCLWD for 9 years. David Lee Superintendent/Operator for Gerrard Excavating since 1996. SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: March 7, 2007 TO: Gerrard Excavating, Inc. PROJECT: 6029 Drake Zeigler Improvement Project - Phase 2 OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated March 2, 2007 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 6029 Drake Zeigler Improvement Project - Phase 2: Improvements begin 100 feet east of the Drake Road/Environmental Drive intersection and continue to Horsetooth Road. The improvements consist of significant earthwork, water line installation, one cast in place 201x7' box culverts and realigning 700 lineal Feet of the FCRID ditch. There are also significant drainage improvements to Rigden Farms Development which consists of installing 180 LF of dual 48" RCP Class III Pipes, a siphon structure, and 7200 LF of ditch construction. The Contractor will provide surveying. The City will provide traffic control. The Contractor will be required to work with our traffic control supervisor. Material Testing will be provided by the City and performed by CTL Thompson, Inc.. The Price of your Agreement is One Million Four Hundred Forty Seven Thousand Seven Hundred Thirty Nine Dollars and Sixty Five Cents ($1,447,739.65. 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 March 22, 2007. 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. City of Fort Collins WNER By: r JJaInes B. O'Neill, II, CPPO, FNIGP rector of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 7th day of March in the year of 2007 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Gerrard Excavating, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6029 Drake Zeigler Improvement Project - Phase land is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by JR Engineering, 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 Complete within seventy-five (75) working days after the date when the Contract Times commence to run as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions within eighty-five (85) working days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal 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. 9/12/01 Section 00520 Page 1 1) Substantial Completion: One Thousand Seven hundred and Seventy Eight Dollars ($1,778.00) for each working day or fraction thereof that expires after the seventy-five (75) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Six Hundred Dollars ($600.00) for each working day or fraction thereof that expires after the ten(10) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: One Million Four Hundred Forty Seven Thousand Seven Hundred Thirtv Nine Dollars and Sixty Five Cents ($1,447,739.65, in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, 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 9/12/01 Section 00520 Page 2 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. 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, 9/12/01 Section 00520 Page 3 investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4Consent of Surety 7.2.5Application for Exemption Certificate 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Sheet 1 Cover Sheet Sheet 2 Typical Sections Sheet 3 General Notes Sheet 4 Horizontal Control Sheet 5 Phasing Plan Sheet 6 Right of Way Map Sheet 7-9 Remove and Replace Plans Sheet 10-14 Plan and Profile Sheet 15-16 Grading Plan Sheet 17-18 Erosion Control Plans Sheet 19-25 Storm Sewer Plan and Profile Sheet 26 FCRID Realignment Plan and Profile Sheet 27-28 FCRID Realignment Cross Sections 9/12/01 Section 00520 Page 4 Atsministratikc; Scr%ic s rurellasing liumtoll ADDENDUM No. 2 City of Tort Collins6029 Drake Ziegler Improvement Project Phase 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6029 Drake Ziegler Improvement Project Phase 2 OPENING DATE: 3:00 P.M. (Our Clock) February 28, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. Bid Tab Clarifications: 208-03 Slope Coco Mat with Seed is hereby changed to: Soil Retention Blanket — (SF) 2900-01 Seeding: Listed below is the seed mix for the entire Drake/Ziegler Improvement Project Phase II. Species/Varity Pure % Germ % Origin Western Wheatgrass, Arriba 26.30 94 WA Side Oats Grama, Vaughn 16.05 77 NM Green Needlegrass, Lodorm 8.43 88 WA Oats, Troy 8.24 90 SD Switchgrass, Nebraska 28 6.68 74 SD Little Bluestem, Pastura 6.42 77 TX Blue Grama, Hachita 3.86 96 NM Gaillardia, Aristata 3.01 82 UT Blue Flax 1.42 87 WA Purple Prairie Clover, Kaneb 1.33 93 WA Plains Coreopsis 0.63 79 OR Crop: 0.07% Inert: 17.45% Weeds: 0.11% Net Wgt: 41# Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 215 North Mason Street • 2" Floor • P.O. Box 580 0 Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fc¢ov.com Sheet 29-32 Foothills Channel 20'x7' C.I.P. Box Culvert Details Sheet 33-34 Signing and Striping Plans Sheet 35-43 Roadway Cross Sections Sheet 44 Pond 269 8'x4' Precast Box Culvert Plan and Profile Sheet 45 Pond 269 Grading and Erosion Control Plan Sheet 46 Pond 216 Siphon Pipe Plan and Profile Sheet 47 Junction Box 3 Details Sheet 48-51 Pond 216, Pond 269, & Siphon Pipe Details Sheet 52-54 Outfall Channel Grading Plans Sheet 55-68 Cottonwood Farms 20'x7' C.I.P. Box Culvert Sheet 69-74 Details The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 3, 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. 9/12/01 Section 00520 Page 5 OWNER: CITY OF FORT COLLI By: Darin AtteberryT Cityy�Manager By: r JAMEVNDCRISK 'NEILL II, CPPO, FNIGP TOR OF PURCHASING MANAGEMENT Date: J 0 Attest: '.C) City C e - Address for givingVof'ices: P. 0. Box 580 Fort Collins, Co 80522 9/12/01 CONTRACTOR: Gerrard Excavating, Inc. By: ma's• C. /74-'�C Title: v --� Date: (? c^m�ZpO� + 1. (CORPORATE SEAL) Attestc�,l, J-C)'- , -Ln Address for giving notices: 1.1 S. Cuu ' I?At2,C_ U100AA--d Co TOS31 LICENSE NO.: Section 00520 Page 6 9/12/01 Section 00520 Page 7 SECTION 00530 NOTICE TO PROCEED Description of Work: 6029 Drake Zeigler Improvement Project - Phase 2 To: —Gerrard Excavating, Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the .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: Gerrard Excavating, Inc. By: Title: 7/96 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.104773579• KNOW ALL MEN BY THESE PRESENTS., that Gerrard Excavating, Inc (Firm) 1739 South County Road 13C, Loveland, CO. 80537 (Address) (awx wQ*=p, WAXffAm-4xaU#), (a Corporation), hereinafter referred to as the "Principal" and Travelers Casualty and Surety Company of America (Firm) One Tower Square, Hartford, CT. 06183 (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 **see below 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 7th day of March 2007 a copy of which is hereto attached and, made a part hereof for the performance of The City of Fort Collins project, 6029 Drake Zeigler Improvement Project - Phase 2. 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. **One Million Four Hundred Forty Seven Thousand Seven Hundred Thirty Nine Dollars and Sixty Five Cents ($1,447,739.65) 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, thisl2thday of March ,.2007. IN PRESENCE OF: Y. . (djrporate Beal) N PRESENCE OF: SENGE, OF: Renee Stein Principal Gerrard Excavating,( Inc. (Title) 1739 South County Read 13C, Loveland, CO. 80537 (Address) Other Partners By; By: Surety Travelers Casualty and Surety Company of erica 6y :a Steven J. Ewing, Attorney -In -Fact By: (Address) Herbert -Ewing -Leavitt 2537 Research Boulevard, #202, Fort Collins, CO. (Surety Seal) 80525 ROTS: Date of Sand must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. THE RED BORDER 6 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217948 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001279320 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint I Richard D. Herbert, Christine A. Herbert, Steven J. Ewing, and Bryan K. Brenning .A. .I. of the City of Longmont , State of Colorado , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of .guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peredtib lin any ",ons or pnlceedings allowed by law. Ist IN WITls( ov WkiEREOF, the Contpauj�s have caused this instrllment.to'be si,gnedand theltcorporate seals to be hereto affixed, this ovem er zVVVV , Iday of ,Al Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty°Jndnranct Nuipa St. Paul Mercury Insurance Company Fidelity and Guaranty lnsuraliee'Underwrlters, Inc. Travelers Casualty and Surety Company rvl Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company r GI,BUAr '. .I* . �'ybS�,`[j�y .cq�'�R` Y�c�jLefo 1 , 1977 '19 $I ��rQ`�OtitY.pSNRNEP.•O�AIpMM.sEINpRFN9l��o�,! FaP�>eJ:;�P'3pYp,8—,R..NO.E.Sp-.U..L q.7F9;a,:LDn= �nt � W�iu �p�Npu�CtoOY rN4oNNN. 0oa. 03i9�n �,CJOm4OtrNWal1m.0 ,5 8 OJO 0�0i,-- State of Connecticut ICity of Hartford ss. By: Georg Thompson, enior ice President 1st November 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 11) Marie C, Tetreaull, Notary Public 58440-8-06 Printed in U.S.A. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company o€,.America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. y' IN TESTIMONY WHEREOF, I have hereunto set my hand and sff�ed the srza s of said Companies this 12 th day of March , 20 07 1 l: Kori M. Johans Assistant Secretary I: Ur G1,5U.rj�a Q rY 'Yr\RE g 4'A rO\00.FORS`9 Jp+ 1�` ��0 uOJ�}1Y 4h0 a` S1,W y E 4 P q •y 2� z cif arE �+ WicONY0N9rf � r C' o � 1977 �rort+t® 1927 �: — :: __ .mil g NRxrrono, �INntrorr.,� nEW m t N'- AIN To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey-In-Pact number, the above -named individuals and the details of the bond to which the power is attached. SECTION 00615 PAYMENT BOND Bond No. 104773579 KNOW ALL MEN BY THESE PRESENTS: that Gerrard Excavating, Inc. (Firm) 1739 South County Road 13C, Loveland, CO. 80537 (Address) (14MIsl , ( , (a Corporation) , hereinafter referred to as the "Principal" and (Firm) Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT. 06183 (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 **see below 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 7th day of March, 2007, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6029 Drake Zeigler Improvement Project Phase 2. 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. "One Million Four Hundred Forty Seven Thousand Seven Hundred Thirty Nine Dollars and Sixty Five Cents ($1,447,739.65) Admini trativeSs rvices F-FIFF1153ing 111717ort ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6029 Drake -Ziegler Improvement Project Phase II OPENING DATE: 3:00 P.M. (Our Clock) February 28, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. I. In our General Specifications on page 19 Section D., we have stated that a minimum of six (6) specialty signs, will be required to be installed at locations acceptable by the City of Fort Collins Traffic Operations Department throughout the project notifying the traveling public of the dates and locations of the closure. To clarify... on page 19 Section D.: These signs will be provided and maintained by our City of Fort Collins Traffic Operations Department throughout the entire project. II. In our Technical Specifications on page 26, we stated Items 506-10 12" D50 Rip -Rap @ Page 35 of 142 - (TON), and Items 506-11 18" Type H D50 Rip -Rap — (TON) To clarify... on Page 26: Item 506-10 should read 12" D50 Rip -Rap @ Sheet 54 of 74 — Outfall Channel — (TON) and Item 506-11 should read 18" Type H D50 Rip -Rap — Outfall Channel — (TON) III. Bid Tab clarifications: • 202-04 Remove Asphalt Pavement (5°-10" Depth) should have a contract quantity of 7,000 Square Yards. •. 206-01 Structure Excavations should have a contract quantity of 320 cubic yards. • 206-02 Borrow Structural Backfill Material (R-Value>25) should have a contract quantity of 391 cubic yards • 206-03 Structure Backfill Flow Fill should have a contract quantity of 1434 cubic yards. • 206-04 Filter Material (1 %" Washed Rock) should have a contract quantity of 300 tons. • 206-05 Structure Haul and Dispose (On -Site) should have a contract quantity of 155 cubic yards. • 206-06 Structure Muck Excavation should have a contract quantity of 155 cubic yards. 215 North Mason Street • 2v° Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fczov.com PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulate's 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 SpecificationsL 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, thisl2th day of March , 20,07. IN PRESENCE OF: Principal Gerrard Excavating, Inc. By, (Title) (corporate seal) IN Mr SENCE OF: ESENCE OF: Renee Stein (Surety Seal) 1739 South County Road 13C, Loveland, CO. 80537 (Address) Other Partners Surety Travelers Casualty and Surety Company Q- of America BY: ,en8C1 '\ Steven J. Ewing, Attorney -In -Fact 8y: (Address)Herbert-Ewing-Leavitt 2537 Research Boulevard, #202, Fort Collins, Co 80525 Date of Bond must not be prior to date of Agreement. if CONTRACTOR is Partnership, all partners should execute fond. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casuaky Cotppany, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice 7 President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf 1 of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of -America, -and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a We and correct copy of the Power of Attomey executed by saidCompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and 9fixed the seals of sai l"Comnpanies this Kori M. Johans Assistant Secretary 12th day of March 07 20 _. SIWETY l�F1RE Q��N..I NSGB Jpt, llP�*. gJr1TY 4M0a 1M�f/� �, t� r Z ,I�OPPvR�)rly F4,!' ORAr,9'LFmtS{ Z „1983 ; I✓Il 1LG7 �` f.to iO �9JI N �, ss o. ��.�SE AL3\S8bL:D W CWgN. Eo Wwi f 1 a �5 a a........- L 1 v...., ` OFnEN nNc IS. AN� ft ....... yr 'Ma To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey-In-Fact number, I the above -named individuals and the details of the bond to which the power is attached. L-. WARN I NG: TH IS RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company �. St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217948 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001279319 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Richard D. Herbert, Christine A. Herbert, Steven J. Ewing, and Bryan K. Brenning of the City of Longmont , State of Colorado , their true and lawful Attorney(s)-in-Fact, .I each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernaitntd`in any dons or prgceedings allowed by law. .� lSt IN WITNESS WHEREOF, the Comy 0e6s have caused this instrwm to"be sit and theit.,corporate seals to be hereto affixed, this day of November 22 -�- Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Ilasurancq C"sumpagy a St. Paul Mercury Insurance Company F Fidelity and Guaranty Insurlutce'Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ♦ R • SInEJY F1RF N f\M..: NS` •'�Y�NSUy PP,.tY AMp JN ":Y� �.yY•Y"-Yl O f ry'4RVON1 nr'[ITa) r Y �i Y�lm W: wPYONAlF ":,� w tfai . 1$77 1927 �t z; W NARTFWn,�mrano • a� 1951 N�zF # i o. �SEAL�H,LL;/vi m coNN. o wxrr, p 1886 7 N sp c > ..... .. e� O r R OFNeN wni:1„'�f w�AN 1s ...... �e ei 'r+ ♦ + AIN State of Connecticut City of Hartford ss. On this the Ist day of By: Georg 6Thompson, enior ice President before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. November 2006 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 11) `m canes C . t�� Marie C Tetreauh. Notary Puhlic 58440-8-06 Printed in U.S.A. IS INVALID WITHOUT SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 4CORDM CERTIFICATE OF LIABILITY INSURANCE 03iiz/2(007 PI )UCER (970)484-0097 FAX (970)484-7077 Herbert -Leavitt Longmont 37 Research Blvd rite 202 Fort Collins, CO 80527-2289 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INAIIRED Gerrard Excavating, Inc 1739 S. County Rd 13C Loveland, CO 80537 INSURER A. Bituminous Insurance Co. INSURER Pinnacol Assurance 41190 INSURER AIG-Ins Co of the State of PA INSURER D. NSURER E: G_VFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (Mlill POLICY EXPIRATION DATE Mill LIMITS o A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR kt Addl Insd TX—BIkt CLP3236544 01/01/2007 01/01/2008 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED PRrMSFq IF, $ 100,000 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 Waiver of Sub GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOT M LOC PRODUCTS - COMP/OP AGG $ 2,000,00 - AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CAPS 509064 01/01/2007 01/01/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ $ C EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,00 7275234 01/01/2007 01/01/2008 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,00 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 4028598 BLANKET WAIVER OF SUBROGATION 01/01/2007 01/01/2008 X I WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER CLP3236544 01/01/2007 01/01/2008 Leased/Rented Equip $500,000 Limit - $5,000 ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS sty of Fort Collins is named as additional insured on a primary and non-contributory basis. e: 6029 Darke Ziegler Improvement Project - Phase 2 City of Fort Collins 300 Laporte Ave Fort Collins, CO 80521 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENIAVVE :ORD 25 (2001/08) ©ACORD CORPORATION 1988 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6029 Drake Zeigler Improvement Project - Phase 2 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: Citv of Fort Collins CONTRACTOR: Gerrard Excavating, Inc. CONTRACT DATE: March 7, 2007 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 DATE REMARKS: 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20 TO: Gerrard Excavating, Inc. Gentlemen: 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, 6029 Drake Zeigler Improvement Project - Phase 2. 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: 7/96 Section 00640 Page 1 SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Gerrard Excavating, Inc. (CONTRACTOR) PROJECT: 6029 Drake Zeigler Improvement Project - Phase 2 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 consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the 7/96 Section 00650 Page 1 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. 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 . day of , 20 CONTRACTOR: Gerrard Excavating, Inc. Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public day of 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Gerrard Excavating, Inc. PROJECT: 6029 Drake Zeigler Improvement Project - Phase 2 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) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. 7/96 Section 00650 Page 3 • 403-01 HBP Paver Patch — Grading S — (2.5" Depth) — (PG 64-28) should have a contract quantity of 75 tons. • 403-02 HBP Paver Patch — Grading SG — (4" Depth) — (PG 58-28) should have a contract quantity of 284 tons. • 603-07 36" Class III RCP FES should have a contract quantity of 2 each. • Bid Item 603-15 Concrete Encasement on 36" RCP Pipe with a contract quantity of 20 linear feet should be REMOVED from the Bid Tab. • 619-01 8" DIP CL-52 Water Main should have a contract quantity of 243 linear feet. • Bid Item 619-02 8"X8"X6" Swivel Tee W/TB with a contract quantity of 1 each should be REMOVED from the Bid Tab. • Bid Item 619-07 8"X6" Reducer with a contract quantity of 1 each should be REMOVED from the Bid Tab. • Bid Item 619-08 Fire Hydrant Assembly with a contract quantity of 1 each should be REMOVED from the Bid Tab. • 2900-01 Seeding should have a contract quantity of 18 Acres. • Bid Item 630-01 Type III Barricades with a contract quantity of 7 Sections should be REMOVED from the Bid Tab. • Bid Item 630-02 Message Boards with a contract quantity of 1 Lump Sum should be REMOVED from the Bid Tab. Revised Bid Schedule Attached Prebid Attendees List Attached Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (1)98) COLORADO DEPARTMENT OF REVENUE DENVE CO 6Y (aCe) 232-2419 CONTRACTOR APPLICATION 2-2416 FOR EXEMPTION CERTIFICATE PursuanttoSUUe Section 39-M114(1xa)NX) The exemption certificate for which you are applying crust be used only for the purpose of purchasing construction and building materials for theexempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materialswhich are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works owned and used by the exempt organization. Arry unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. Aseparate 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. Account o. to be assigned by etpd 8gisVarq 0170-750 (999) $0.00 A ra a nwelUbA Cemer, panner, or corpomo name Mating address (City. State. Zip) Contact Person - Mail address a era mpoyers denblicabon Number Did amount or your contact ax Number Business leleptene number Uouloradowil o mg tax amours number - ., C iS{ f O"e 8Q1'4itTlifTt pagEb �!) klM. erW(tj'eaibprpsisignaWraaot"980 Name Or exempt organ¢n ass own on contrac : oPrganrze on s num„r Address o exemptorganization (City, State. Zip) PrincipalContact at exempt organae iom Principal contacts telephone number Physical oca on of project site give actual address when applicable and Ciles and/or County (tes) where project is located) Scheduled Morth D.y Year Estimated Mooth Day Y..r oo mtrudlon Start date mmPlenon 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 Imorvledge. Signature of owner, partner or corporate officer, Tille of corporate officer vv r�vr aaa�rrsm OCLV a1 i"NO LtrYC Section 00670 Page 1 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 exem phon to subcontractors. Only prime contrac- tors 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 89tt 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 succeed- ing 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 00670 Page 2 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GI:'N)RAI. CONDITIONS have ben developed by using the STANDARD GLNT-R.AL CONDITIONS OP ME CONSTRUCTION CONTRACT prepared by the Erigmeers Joint Contract Documents C(mmittee, t JCiX' No. 1911)-8 (IA9)Iidition), 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 MODIMATIONS (ILV 9199) Article or Paragraph Number &'fitle TABLE OF CONTF.WrS Or GTMRAL CONDMONS Page Article or Paragraph Number Number &'ritle DDINITIONS LI Addenda 1'2 Agreement .......................................... 13 Application for Payment .. .... IA Asbestos L5 Bid......_ ... L6 Bidding Documents . . ...... . 17 Bidding Requirements, 1.8 Bonds 19 Change order, LIO Contract Documents 1.11 Contract Price........_ 1,12 Contract Times 1,13 CONTRACTOR IA4 defecinv 1,15 Drawings_........ ..... .... 1.16 Effective Date of the Agreement...,__ 1 L17 ENG MIER 1.19 ENGINEER's Consultant 1 1.19 Field Order, . ..... .... ... ........ _ ) 1.20 General Requirements ......................... 121 Hazardous Waste 122'2 Laws and Regulations; Laws or Regulations,.. ...... 122111 _... _ ....... ........ Legal Holidays . ............... 1.23 Liens ....... ............... ....................... L24 Milestone ......... 1,25 Notice of Award 1.26 Notice to Proceed 1.27 .......... OWNER_ ...... .... ...... ..... ........... ... 1,28 Partial Utilization,, 1.29 PCBs._._ 1,30 Petroleum 1.31 Project. . ..... ------------- ...... 2 1.32.a Radioactive Material I 32,b Regular Working Hours ................._._.4 1.33 Resident Project Representative 134 .......... Samples__ ...... ....... ...... __ .......... 1.35 Shop Drawings.._- 2 1-36 ........ ...... ..... Specifications ............. ....................... ........ 1,37 Subcontractor 1.38 Substantial Completion...,,,.,_,........ 1.39 Supplementary Conditiorx4 .... _ .. ........ 1.40 Supplier 2 1.41 ...... ... ___ ............... .............. Underground Facilit ies,, IA'_ Unit Price Work..._ ...........................3 3 1,43 Work 144 Work Change Directive„.._,...-_ .... ... 3 1.45 Written Amendment,..,,_ ................ _ _.' Page Number MEL IMINARY MATI ERS 3 I Delivery of Bonds 12 Copies of Documents ....... 2.3 Commencement of Contract Times; Notice to proceed 3 2.4 Starting the Work.... 2-5-2.7 Before Starting Construction, CONTRACTOR's Responsibility to Report; Preliminan'Schedliles. Delivery of Certificate-s of Insurance 3.4 1.8 Pfcconstruction Conference 4 2.9 Initially Acceptable Schedules. 4 CONTRACT DOCUMENTS: 1NTENT, AMI'NDING, RF.USF 4 3.1-12 Intent 4 3.3 Reference to Standards and Speci- fications of Technical Societies: Reporting and Resolving Dis- crepancies ......... L ...... ....... .. 4,5 3 3A Intent of Certain 'rerm,,x Adjectives_ ......... 5 3.5 ................. Amending Contract Docuticrits 5 36 Supplementing Contract DoLuments'.. 17 Reuse of Docum ents 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands. 5-6 4.2 Subsurface and Physical Conditions 6 421 Reports and Drawings .. .............. 4-2.2 Lan ited Reliance by CONTRAC- TOR Authorized; Technical Data 6 4.23 Notice of Differing Subsurface or Physical Conditions .................. !s 4.2.4 ENGINFER's Review 6 4.23 Possible Contract Documents Change .... ....... .. 6 4.2.6 Possible Price and Times Adjustments.....-._....,.. 6-7 43 Physical Corritions.-Underground Facilities ............ ...... . ...... 43A Shown or Indicated 7 4.3.2 Not Shown or Indicated 7 4.4 Reference Points.__., 7 Ficix'(,'FNEil-Al, comxrioNs igio-sag'M i-cii riON1 Wf OTY LX FORT COLLINS MOT)IFICA-11ONS (REV 91;991 Art icl c or paragraph Page Article or paragraph page Number & Title Number Number JL Title Number 4.5 Ausbeslos, PCBs. Petroleum. Hazardous Waste or Radioactive Material 7-8 5. PONDS AND INSURANCE 5.1-5.2 Performance, Payment and Other Bonds 5.3 Licensed Sureties and Insurers, Certificates of Insurance 5A CONTICACTOR's Liability Insurance....... ... ....... .......... 9 5.5 OWNEWs Liability Insurance., .... ..... .. 9 56 Property Insurance , _ ... . ........... _940 5.7 Boiler and Machinery or Addi- tional Property Insurance ., , ___.10 5.8 Notice of Cancellation Prmision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts 5.10 Other SficcialInsuraricc_111-1, 10 5.11 Waiver of Rights,,,_..._ 1r1.I 1 5.12-5.13 Receipt and Application of Insurance proceeds _10-1 1 5.14 Acceptance of Bonds and lnsw- ance- Option to Replace.--- 11 5AS Partial Utilization --Property Insurance it 6, CONTRAC`fOR'S RESPONSIBILITIES _JI 6.1-6.2 Supervision and Superintundenci;_ ..... 11 6.3-65 Labor, Materials and Equipment,., 1142 6,6 Progress Schedule., ........ ...... _ ' ' _12 6.7 Substitutes and 'Or -Equal" Items, CONITRACTOR's Expense; Substitute Construction Methods or procedures; ENGINFER's Evaluation 12-13 6.8-6. I I Concerning Subcontractors. Suppliers and Others; Waiver of Rights......._ .... .. .... . J3-14 6.12 Patent Fees and Royalties ................... J4 6.13 Permits.__...._.... 6.14 Laws and Regulations_.._....... _J4 6.15 Taxes-- ... 14-15 6.16 Use of Premises_...-._._ ....... ..........15 6.17 Site Cleanliness...._..._ 15 6.18 Safe Structural Loading_., .......... ..... J5 6.19 Record Documents., , _ , .__ ...... 15 6.20 Safety and protection.. .. 15-16 6_11 Safety Representative __.16 6.22 Hazard Communication Programs,..,., 16 623 Emergencies .. .... ....... .........16 . 6.24 Shop Drawings and Surn ple§ ..............16 fl 625 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 CNOINEER's Review and Approval of Required Submittals,., ................ .. .. _....17 6.429 Continuing the Work... ........... ... 17 6.30 CONT RACTOR!s General Warranty and Guarantee 17 6.31-633 Indemnification 17-79 6.34 Survival of Obligations.... ..... 18 7. OTHER WORK 18 TI-7.3 Related Work at Site 7.4 Coordmatiori_ 18 8. ONVNER'S RESPONSIBU.17113S 18 81 Communications to CON- TRACTOR 8.2 Replacement of ENGWEER, ..... 18 8.3 Furnish Data andPay Promptly When Due 18 8.4 Lands and Easements; Reports and Tests _18-19 8.5 Insurance_ 8.6 Change Orders..., .... ............ _..19 9.7 Inspections, Tests and Approvals ...................................19 8.8 Stop or Suspend Work, Terminate CONTPACTOR's Services._ .................... . _ , _19 8.9 Limitations on OWNER'S Responsibilities___,_..... ... _ ... 19 Rio Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 19 8.11 Evidence of FinanciiiI Arrangements ...... ___ ........... .... 19 9 ENGINEERS STATUS DURING CONSTRUCTION_.._........._...._..._.......... ,_.19 9A OWNER's Representative ........... 19 9.2 Visits to Site ....... ..... __ - .. _...19 93 Project Representative._...._ .. . 19-21 9.4 Clarifications and Interpre- tations .........................................21 ........... ...... 21 9.5 Authorized Variations in V&k. 2 I r,XW_(TNFXAL CONDITIONS 1910.8 (1991 LI)IIJON) W/ CITY Or rORT COLLMN &101)MCA710N-5(RrV9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Numher Number & Title Numher 9.6 Rejecting Defective Work_ ......... ....„21 13.8-13.9 Uncovering Work at ENGl- 9.7-9.9 Shop Drawings, Change Orders NEER'sRequest ... ....... -...._.27-28 and Pa}mtents....................................21 13.10 OWNER May Stop the Work, 9.10 Determinations for Unit Prices. __.21-22 13.11 ..... Correction or Removal of 9.11-9,12 Decisions on Disputes, ENGI- Defective Work ............. ........... , 18 NEER as Initial Interpreter... -, . - .22 1112 Correction Period,,.. ?8 9.13 Limitations on ENGINEERS 13.13 Acceptance ofDefeclive tVork.....,...28 Authority and Responsibili ies„--,22-23 1114 OWNER May Correct Defective Work....._. ..... CILANGES IN THE WORK... ............... _2&29 10.1 OWNER's Ordered Change.... ............ 113 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment ....... ....... 23 COMPLETION ..................._.__........_ 10.3 Work Not Required by Contract 14-1 . . Schedule oC Values ........... ......._29 Documents.... ...... .......... ......23 14.2 Application for Progress 10.4 Change Orders _. _ _. _- 23 Payment._-._ _...- 29 10.5 Notification of Surety. 23 143 CONTRACTOR'S Warranty of Title_ ..................................29 CHANGE OF C_ONl'R.A(7T PRICP .- .. _._ ...23 14.4-14.7 Review of Applications for 11-1-11 3 Contract Price; Claim for Progress Payments,, ........... Adjustment; Value of 14.8-14.9 Substantial Completion., .... ,.......... 30 the Work ___.-__.... ,.._._-.._... 23 24 14.10 Partial Utilization _ .. 30-31 11.4 Cast of the Work .......................... 4.25 14.11 Final lnspectiort ..... ........................31 11.5 Exclusions to Cast of the Work_ .... 25 14.12 Final Application for Payment ........ 31 11-6 CONTRACTOR's Fee - ........... ''_5 14A3-14.14 Final Payment and Acceptance,,,_,-31 11.7 Cost Records.,.,._.._. , 25 26 14.15 Waiver of Claims.... 31-32 11.5 Cash Allowances' 'G I L9 Unit Price Work _ _ _ _ 26 15. SUSPENSION OF WORK AND GERMINATION ............. _................. _.. _........ 32 CHANGE OF CONTRACT TIMES ............................n6 15.1 OWNER May Suspend Work .......... 32 12.1 Claim for Adjustment_..._ _._ ... 2e, 15.2.15.4 OWNER May Terminate.,.___.,__-32 12.2 Time of the Essence . _-..__. -_.. 26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate .................. 32-33 12.4 Delays Beyond OWNER's and I& DISPUTE RESOLUTION .................................. 33 CONTRACTORs Control'7 17, MISCELLANEOUS.....__.,_._.......... 33 TESTS AND INSPECTIONS; CORRECTION, IT Giving Notice._..,__.,.....33 _.. --. REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times ............ .... 33 UEFE•C77GEWORK,.._ _____.27 17.3 Notice of Claim 33 13.1 Nonce ofDefe............................... ^,7 17.4 Cumulative Remedies. .......... . 33 13 Access tothe Work .......--__.......__.-27 17S .......... Professional Fees and Court 13.3 feats and Inspections; Costs Included ,,,.a_......_......:.......33 CONGRACTORsCooperation_,,,27 17.6 Applicable State Lws,._.......... 13.4 OWNERs Responsibilities; lntentionafly left blank_.,.,_,,..,,,... ,,,,,,.35 ,33-34 Independent Testing Laboratory ..... -.27 13.5 CONTRACTOR'S EXHIBIT GC -A: (Optional) Responsibilities ....... _....._---... .._27 Dispute ResolwionAgreement ...... _...._...__GC -AI 13.6-13.7 Covering Work Prior toInspec. 16.1.16-6 Arbitratiore__-.__.-._....-._....-GC-AI lion. Testing or Approval 27 16.7 Mediation.... OC-Al MWa N"ALCOWTIOMt910-s(IMM'nom wl (I TY OF FORT COLLMS MODIFICATIONS (REV 91") IND17X TO GENERAL CONDITIONS City of Port 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 ........................................ 14 defective Work_ ... ...___.....,._.,,,10.4-1, 13,5, 13,13 finalpaymtent_..-.....-._...-._.._......-.- 9.12, 14.15 insurance...... .... _.., _. 5.14 other Work, by CONTRACTOR Substitutes and 'Or -Equal" Items_6 7 1 Work by OWNER . ........... ................ _ -.5, 630, 6.34 Access to the -- Lands, OWNER andCONfRACTOR responsibilities ... :.... ........ ....... _.......4A site, related Work . _ . 7 2 Work. .......... .............. ................ 13._, 13.14, 14.9 Acts or Omissions--, Acts and Chnissions-- CONTRAiTfOR.__..... .._.6.9.1, 913.3 ENGINEER..-....____ ..._ . ¢.'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 Adjustments — Contract Price or Contract Times._...,.._,. ...... ....__.1.5,3.5, 4.1, 4.12. 4.5.2, .......... 3, 9.4, 9.5. 11)2-10.4, ............._.,,_..._.._.._,,,__tl112, 14.8, P; ule.... _.. progress sched._ 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 ... .... ... _,. I.10, 1,45, 3.5, 5.10, 5,12, 6.6.2 ..........I ............. 8.2, 6.19, 10.1, IOA, 1 L2 ......... ..._.............. ........ 12.1, 13.12,2, 14,7.2 Appeal, OWNER or CONTRACTOR intent to-._,,,,,,,,,,,,,,Q,10, 9.11, 10A. 1&1, 16.5 Application for Payment -- definition oC............... ....._................ ............ .... 1-3 ENGINEER's Responsibility,. . .... .............. .......... 9.9 final payment in general, ........._.-._,........ 2.8, 2.9, 5.6.4, 9.10, 15.5 Progress Payment........... ... ._.... ......... -...14.1-14.7 review of .... ..__.... 14A-14.7 Arbitration...................._...............................1&1-16-6 Asbestos -- claims pursuant thereto.__ 452, 4.5.3 CONTRACTOR authorized to stop Work _.. _ „4.5.2 definition of-...._... ...... ].4 v Article or Paragraph Number ON'NEk responsibility for ..........._......_ . 43 1, 8.10 passible price and times change_ _.. _ _, _ _ _. _ _ 4.5.2 Authorized Variations in WWork__..... 3.6, 6.25, 6.27. 9.5 Availability of Lands _. ...... _ _.... 4.1.8.4 Award- Noticeof--defined 1.25 M, fire Starting Construction..._._............ ^ 5-28 Bid —definition of__._ ... ,... _...... -5 (1, 1, 1, 1(), 23, 3.3, -.a.2.6.4,6.13, 11.4.3, 11.91) Bidding Documents —definition of Bidding Requirements--definitim, 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. ._ _ .. _..-1 L5A definition of..____._. delivery of ,..„_..,,,.._„.1, 5.1 final Application for Payment _- 14,12-14,14 general ......... .......... ...... ............1,10. 3,1-5.3, 5.13, _ ... _. ..... 9.13.10.5, 14.7,6 Performance, Payment and Other. ....._....,- 5 1-5 2 Bonds and. Insurance --in general... Builder's risk "all-risk" policy form. _.. _.........__ .5.62 Canccllation Provisions. Insurance_._._ 5.4,11, 5-8, 5.15 Cash Allowances....... _............................ ................ I L8 Certificate of Substantial Completion— .... 1.38.6.30.2.3, . 14.8, 14.10 Certificates of Inspection , _ 9.13.4, 135, 14.12 Certificates of Insurance,,.... _. ., 2.7. 5.3. 5.4.11, 5.4.13. .111111_5.6.5. 5.8, 5.14.9.13A, 14,12 Change in Contract Price.. Cash Allowances,,._ I I.8 claim for price adjustment-__,.._,,. 4.1. 4.2.6, 4.5, 5.15, 6.8.2, 9.4 __,-._..1.9.5.9,11. 102, __ 105, 11.2. .9. 13 ._...................13.13,13,14,14.7,15.1,15.5 CONTRACTOR's fee.........................................11.6 Cost of the Work general .... ............. _..... .........1 1.4-11.7 Exclusions to . _.... ....................... ...... _..11.5 Cost Records....._ ... . .... 11.7 in general.............).19, 1A4, 9,11, 10.42, 10.4.3, 11 Lump Sum Pricing......... ....... ................... . 11.3.2 Notification of Surety, ........ _ . -_.,--10.5 Scope of,.. ......... ................I0.3-(0.4 Testing and Inspection. Uncovering the Work .... ........ .... .....13.9 I;JCW, (A=hFJtAL Cr I11ONS 1910-9t199a FDInOI0 wi CITY OF FORT COLLINS MODIPICAT10N5 (REV 9199) I 'nit price Work 11.9 Article or Paragraph Number Value of Work..._._..........................................1L3 Change in Contract Times - Claim for times adjustmen;, .... -4 1, 4.2.6, 4.5, 5,15, 6.8.2, 9A, 9.5, 9. 11, 10.2, 10.5, 12. 1, ...13.9. 13-13, 13.14, 147, 15. 1, 15.5 Contractual time limits- ....... ....... ................ 11 12.2 Delays beyond CONTRACTOR!s Control .. ... ............ ...... (Mays beyond OWNER's and CONTRACTOR's curitrul ... ........ .... 12.4 Notification of surety„_....... ....................10.5 Scope of change..... _... .............. 10.3-10.4 Change Orders - Acceptance ofDefiective Wort ..... Amending Contract Dccumcnt4 .......................... . 3.5 Cash Allowances Change of Contract Pricq .......... _.........I I Change of Contract Times 12 Changes in the Work .... .10 CONTRACTOR's fee _ 11.6 Cost of the Work I] .4-1) 7 Cost Records ... ... ......... _ ................ 11.7 definition of.,., _ ..... .. ........ ......... ............ 1.9 emergencies.... ___ ...... ... _ ............ .......... _ � .0, 23 LNGINEER's responsibility .... 9.8. 10.4. 11.2. 12.1 execution of........._ ..................... ................ 30.4 Indeninifiction .........................0 12, 6,16, 6.31-6.33 Insurance. Bonds and ............... . .. 5. 10, 5, 13, 10.5 OWNER may terminate, ... ..... .... ... _ 15.2-ISA OW',\1 Ws Responsibility, ...... ..$.6. 10.4 Physical Conditions - Subsurface and,_ .......................................... 4.2 Underground Facilities-_ ..... .......... A.12 RccordDocuments. _, ... ........ ............ . . , j6,19 Scope of Change.__._ ----- ........ . Substitutes .........6.7.3, 6.8.1 Unit Price Work.. value of Work, covered by ................................. 113 Changes in the Work,..__...__ ...... ... ....... .... _ jo Notification of surety._ ... ..... _ ...... .... ....... 10,5 OWNIER's and CONTRACTOR's responsibilities .... ....................... _ ......... 10.4 Right to an adjustment-,,,_..,„_. , .102 SCON' of change ....................................... 103-10A Claims- aaamst CONTRACTOR...._---- . ........... 616 against ENGINEER 431 against OWVFR.-.,. .................6.32 Change of Contract Price ........................... 9A, 11.2 Change of Contract Times,,,,,,,,,,,,,,,,,,,,,,,,, 9.4, 12.1 CONTRACTORs ..... .. 4, 71, 9.4, 9.5, 911, 10,2, .............. -1 LZ 11.9,12.1, 13.9,14.8, ...... ...... 15.1, 15.5, 17.3 CONTRACTOR'sFee 1 6 Article or Paragraph Number CONTRACTOR's liability.,,,,,,,, -5.4, 6,11 616,631 Cost of the Work 114,11.5 Decisions on Dispute;,,,_...._ ..... _ ............ 9,11,9,12 Dispute Resolution_, .16.1 Dispute Resolution Agreement., . .. ... .... 116-1-166 ENGINEER as initial interpretor. 9 11 Lump Sum Pricing, .... ... . ..... . .. 113.2 Notice of. J7.3 OWNER's ....... ............ VA, 9 5, 9A 1, 10,2. 1 L2, 11,9 121. 13.9. 13.13, 13.14, 17.3 OWNER!s liability ..... . ..... ..... . _55 OWNER may refuse to make Payment ...............143 Professional Fees and Court Costs Included 17.5 request for formal decision on,,..,_,. ....... o.I I substitute Items 6.71 2 Time Extension Time requirements, ......... . . .. .... Unit Price Work Value of Waiver oh-o" Final Payment,,,,,,,.„..,„., l4.14, 14,15 Work Change Directive, .10.2 written notice required...._„- 9r 11, 11.2, 12.1 Clarifications and Interpretation$, ... __,3.63. 9.4, 9.11 Clean Site 617 Codes of Technical Society, Orgarti/ation or Association '7'''-'' -. 333 Commencement of Contract "11ine's- ( 13 Communications -- general .............. . ... ... 0.21 6.9.2. 8.1 Hazard Communication Programs.. 6.22 Completion - Final Application for Payment ................ .... Final Inspection, 14,11 Final Payment and Acceptance. . , _ _14.13-14.14 Partial Utilization....._._..._ ..... _ . ........ .... _J4.10 Substantial Completion.___..__ _,J 39, 14.8-14.9 lVaiver of Claims..........-_......._ .... ......... J4,15 Computation of Times 17.21-17.2.2 Concerning Subcontractors. Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedule.% preconstructiort ................................. ...... ... .. 2,g Conflict, Error, Ambiguity, Discrepancy- CONT RACTOR to Report..... 15. 33. 2 Construction, before starting by CONTRACTOR 25-17 Construction Machinery,Equipment, etc ...... .... ..... 6A Continuing the Work ......... ....... .................... 6.219,104 Contract Documents - Amending........................ .............. I ........... 5 Bonds 51 FACDC (3E&:RAJ, COMATIONS 1910.9 (1990 Fj-ATION) Wi(ITY OF FORT COLUNS MODIFICATIONS (PX.V 91") Cash ;allowances_ _ ,..11.9 :article or Paragraph Number Change of Contract Price 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, 9A, 9.11 definition of _................... ...........,1.10 C:NGINIilatasinitial interpreter of.... 9,11 ENGINF,ER as OWNE'R's representative., ..... ...... 91 general3 Insurance_. _.._ _. _....... _... ... ............. _........-5.3 Intent ........ _...........3.1-3.4 .............. minor variations inthe Work, _ 3.6 OWN'ER's responsibility to furnish data, OWN-ER's responsibility to make prompt payment.....__ ... ............F.3, 14.4, 14.1.3 precedence... _ _ _................ ..... ,.. _.., .....3.1., 3.3.3 Record Documents.-_.._............ Reference to Standards and Specifications oft ethnical SoeietieS......... ..........................3,3 Related Work., ... - I - - I ...... . .............. ................... 7.2 Reporting and Resolving Discrepancies...... , 33 Reuse of..... Supplementing , _ ........ .....},6 ...... Termination of ENGIN'EER's Employment 8,2 Unit hence W'ork_. ... .... .............. ......119 variations.._ .................. ................... .6, 6 23, 6 27 Visits to Site, F'NGINF.F.R's 9.2 Contract Price -- adjustment of., -........ .. 3.5. 4.L 9.4, 10.3. ll 2-11.3 Change ot; 1 I Decision ot1 Disputes ............................... .9.11 definition of ............._.............. Lll...................... Contract Times -- adjustment of ... _. 3.5, 4,1, 9.4. 10.3, 12 Change of._..........__. .. .......12.1-124 Commencement of . .._,.....__......_._._._....3._ definition of ................ ..... ......_.... ......... ..........1.12 CONTRACTOR -- Acceptance of Insurance,, _........_....-........ ...... 5.14 Communications._._..-,,,__ .................. . 6.2.6.9.2 Continue Work,, ....... ..........629, 1 0. 4 coordination and scheduling .... ._..... ,_..... _...... ,6.9.2 definition of ........................................ .............1,13 Limited Reliance on Technical Data Authorized _..............._....-.a2.2 May Stop Work or Terminate.....,_ _ .- .,15.5 provide site access to others _._ ,..._ ...........7.^_, 132 Safety and Protection. _, _,,.... _, _ 4-4.1.2. 6.16, 6,18, ............... .......... ............. 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal ......................................... ti.25 Stop Work requirements........._ _.__. ,4 52 CON RACTOR',a-- Article or Paragraph Number C7ompensation_ .... _.._ -__ __. ITT-11.2 Continuing Obligation....-„-., ,...... _.., _..,...,-.. _.14,15 Defective Work, ,,.......... ....._..........9.6. 13.10-13.14 Duty to correct defective Work.......... _.... _..... _.13.11 Duty to Report — Changes in the Work caused by Emergency. ,,, ....... . _-.. '- Defects in Work of Others ............................. 7.3 Differing conditions ............ ...._........... ...._4 2.3 Discrepancy in Documents....... .5, 3.32, 6.14.2 Underground Facilities not indicated.........4.3.2 Emergencies, ,... ....... .......... _._-...'_... _ -_ 6.23 Equipment and Machinery Rental, Coat of the Work...........................................11.4.5.3 Fee --Cost Plus__ ........._..__..11A.56, I1.5.1,11.6 General WartantyandGuarantee....-......._...._.._6,30 Hazard Communication Programs .....................6.22 Indemnification ..... ..,............. __6.11 6.16, 6,31-6,33 Inspection of the Work ............................... 7.3, 13A Labor, Materials and Equipmentt„................. (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 the Work..._...__........... 6.30 Patent Fees and Royalties, paid for bv.,,........ _....6.12 Performance and Other Bonds.,_ Permits, obtained and paid for by"_._.. Progress Schedule..., _......_.............16, 2.8. 29, 6.6. ......_.._._629, 104, 1521 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 CONTRACTOWs expense .......................... 6, 71 CONTRACTOWs General Warranty and Guarantee. .... ,...... ___ . 6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal, ,...... ........ 6.25 Coordination of Work..., _..,. _........... _....... 6 9.2 E m ergenc ie s............................................... 0,23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items__... _...__.._....._6.7.3 For Acts and Omissions of Others6..9.1-6.92, 9.13 for deductible am aunts insurance, .................5.9 general........................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ..... ..- 622 Indemnification ...... ................ ............ , 6.31-6 33 EXT)C cENFRAL (7om)MONS 1910-809at F1)1'rt(3N) wl CITY OF FORT COLLM MODIFICAT10NS (REV 9199) Addendum 1 Revised BID SCHEDULE 6029 Drake/Ziegler Improvement Project Phase II CITY OF FORT COLLINS, STREET OVERSIZING DEPARTMENT CONSTRUCTION YEAR: 2007 ITEM CONTRACT NUMBER I DESCRIPTION QUANTITY UNIT I UNIT COST TOTAL r_n__GT Drake/Zeigler Phase 11 Roadway Quantities: 201-01 Clearing and Grubbing 1 LS 202-01 Remove Pipe (RCP,CMP,PVC) 170 LF 202-02 Remove Vertical Curb and Gutter 275 LF 202-03 Remove Sidewalk 275 LF 202-04 Remove Asphalt Pavement (5"-10" Depth) 7,000 SY 202-05 Remove 25x30 Existing FICRD Crossing Structure (Old County Rd. f19) 1 LS 202-06 Remove Air Vac Manhole and Valve 1 EA 202-07 Remove Stoneridge Spillway Per Plan Sheets 46,47 1 LS 202-08 Remove Culvert 22 LF 202-09 Remove Irrigation Structure 2 EA 202-10 Abandon 6" Water (Station 96+50 Per Plan) 1 LS 202-11 Flow Fill Abandoned 6" Water Line 1 LS 202-12 Saw Cut Existing Asphalt 116 LF 202-13 Remove Existing FCLWD Meter Pit and Meter 1 LS 202-14 Remove Existing Concrete Headwalls 2 EA 203-01 Unclassified Excavation - Roadway 8000 CY 203-02 Unclassified Excavation - Outfall Channel 32550 CY 203-03 Unclassified Excavation - FCRID Channel 6523 CY 203-04 Haul - Outfall Channel Excess Material 32550 CY 203-05 Embankment - (CIP) - Roadway 65337 CY 203-06 Embankment - (CIP) - Outfall Channel 2930 CY 203-07 Embankment - (CIP) - FCRID Channel 4058 - CY 203-08 Import Fill 24661 CY 203-09 Topsoil - (Stripping, Stockpiling, Placing) - 6" Depth - Roadway 5576 CY Labor, Materials and Equipment _ _ _ _ _...6.3-6 5 I.awsand Regulations _. _ 6.14 Liability Insurance, Article or Paragraph Number Notice of variation from Contract Documents 6,27 Patent Fees and Royalties ___.. ,_6.12 Perm its __._.. _.,613 Progress Schedule ........._... „6.6 Record Documents _...._._._._.._._.____.._..6,19 related Work performed prior u> ENG1NEER's approval of required submittals.__....._ _ _. -.__ .._. .„_ .6.28 safe structural loading ..... .........6.18 Safety and Protection _ 6 20, 7 2. 13 2 Safety Representative _..__ _. _. _. _621 Scheduling the Work_ ................................ 69.2 Shop Drawings and Samples,. ,. . 624 Shop Drawings and Samples Review by ENGINEER ............... . ............ _... 6.26 Site Cleanliness .. _ _ _ .... _ _ .. _ . _ 6,17 Submittal Procedures ........ „62S Substitute Construction Methods and Procedures 6 7_ Substitutes and 'Or Equai' Items 6.Z1 Superintendence ........... Supervision_. Survival of Obligations................ ........ ....... Taxes... ........... ..................._.... ... G.15 Tests and Inspections_..._.___.._..__. _.......13.5 To Report. _ . _ _....... 1.5 _. Use of Remises_...__..._...6.16-6.18, 6.30.24 Review Prior to Shop Drawing or Sample Submittal ......................_........... .....6..2; Right to adjustment for changes in the W'ork ...... 10.2 right to claim-,,. _..__ 3, 7.1, 94, 9.5, 9.1 I, ln'_,i1 2,11.9, i2.1,139, 14.8, 15.1. 15.5, 17.3 Safety and Protection ........... .... 6.20-6.2', 7.2. 13.2 Safety Representative_,_,.., 6.21 Shop Drawings and Samples Submittalg.... G 24-6 228 Special Consultants..._...-_ ............ ...... _ 11AA Substitute Construction Methods and Procedures_6.7 Substitutes and "Or -Equal' Items, Expense, „ .. 63.1, 6.7,2 Subc retractors, Suppliers and Others 6.8-6,1 1 Supervision and Superintendence,,,,,,-..6 1, 62, 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 423 Substantial Completion,_,..__...__ ._ _.._...,.14.8 viii CON 7 Contractual Liability Insurance,_ ,,..5.4.10 Contractual Time Limits ,,,.... _,.... ,,,,,.__12.2 Article or Paragraph Number Coordination-- CONIRACIOR'sresponsibility _... _.._, _.. ,b.9.2 Copies of Documents .._.._......... _.... ._........ 22 Correction Period _......_.._.......... _...._..,.,1312 Correction, Removal or Acceptance of Defective Work-- ingeneral........................... „10.4.1,13.10-13.14 Acceptance of Defective Work _.,13.13 Correction or Removal of Defective Work.._. ..._. ... ...........6.30, 13.11 Correction Period_ OWNER May Correct Defective Work. . _... 13.14 OWNER May Stop W'ork..._............................13.10 Cost -- of Tests and 1 nspections...... _.... _... _........ ..... _..,t 3.4 Recordsl 1.7 Cost of the Work -- Bonds and insurance, additions)...................11.4.5.9 Cash Discounts,,,,,, ....................... CONTRACTOR'sPee ... ... .........11-6 Employee Expenses.. 11.4.5.1 Exclusions to,._-._....___..... .......1,1.5 G enera111 4-115 Home office :and overhead expense}....................11.5 Losses and(him ages .......... ...........................11,4,5.6 Materials and equipment Minor expenses.._, , 11.4.5.8 Payroll costs on changes _ -.... _............... _......, . 11.4.1 performed by Subcontractors......................_...11.4.3 Records 11.7 Rentals of construction equipment andmachinery. _ .....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 1?tilities, fuel and.sarotary facilities ,___ „I L4.5.7 Work after regular hours,._ .............. .............. 11.4.1 CoveringWcxk_ .... _ ...136-13.7 Cumulative Remedies.__, .17A-17,5 Cutting, fitting and patching .... _.... 7.2 Data. to be furnished by OWrti'I'stt_ 83 Day --definition of, ...... _ _..._.._. _.................IT2.2 Decisions on Disputes ................................... 9.11, 9.12 defecrive--definition of_ __.. ......................... 1.14 defecniv Work-- Aeccplanceof.... _........ _........ _.......... _.10.4.1, 13.13 Fr1V CrNERAL COMX`1101431910-9(1990 FT)JTIONt ws CITY OF FORT COI,I.INS MOr?LFlCA nom (R6v 9l99) Correction or Removal of _._.__._.__,,.,10.4 1. 13 11 Correction Period 13.12 in general__..... ............. .............._,13, 14.7. 14.11 Article or Paragraph Number Obsmation by ENGINEER...............,........_...... 92 Ot4 NER May Stop Work....... Prompt Notice of Defects... _... _. _... _......... _...-.13.1 Rejecting.. .. . ......... _ .... ,...9.6 Uncovering the Work ... ....._...._. _....... ,...... 138 Definitions _....__..._. _ 1 Delays ..................................... 4.1, 6.29, 123-12A Delivery ofl3tmds._..... ...... 1........ ..........._..... _2" . .17 Delivery of certificates of insurance, ...... -... . _..... Determinations for Unit Prices ----- ......... .--- ........ ..9.I0 Differing Subsurface or Physical Conditions-: Notice of ... .... ..__........ . A.2.3 ENGINEER's Review._.........................._.......4.2A Possible Contract Documents Change_.......-... a 2,5 Possible Price and Times Adjustments,,,,,,,,,,,,, 4.2-6 Discrepancies -Reporting and Resolving ...... .__-...... 2.5, 3.3.2, 6.14.2 Dispute Rcsohaion— Agreemenk............................................... ) 6.1-16-6 Arbitration, ,,,,. _.............................. .............. -... .16.1-16.5 gencra116 Mediation .... ................. __.........__16.6 Dispute Resolution Agreement 16.1-16.6 Disputes, Decisions by ENGINEER. ... .,,._.... .... 9,11-9.12 Documents-- Copicsof__ _..._....._......_._. Record 6.19 Reuse of. - ....... ............ . _ .... 3.7 Drawings --definition of.... _ ............................... ......1,15 Easements ..................... ............................. .. ......... �1.1 Effective date of Agreement — definition gf.............).16 Emergencies .... ........ 6.23 ENGINEER -- as initial interpreter an dispuieg,,,,............. 9.11-9.12 definition of _,.....1.17 Limitations on authority and responsibilities,,,,. 9.13 Replacement of, ........ ...... ....._...... . 8 2 Resident Project Representative ............. ..... ENGINEER's Consultant -- definition of..............._.1.18 ......_.9.3 ENGLVEER's-- authority and responsibility, limitations or), ....... 9-13 Authorized Variations in the Work ,,,,,,,,,,,9.5 Change Orders, responsibility fcr_ 1,-.9.7, 10, 11, 12 Clarifications and lnterpretations...____3.6.3, 9.4 Decisions on Disputes,,,. ...... , . _- 9.11-9.12 defective Work, notice of .....................__ 13.1 Evaluation of Substitute Items ..6.73 Liability .......................... ......................... ¢-32, 9.12 Notice Work is Acceptable _..... _........ .._..14.13 Observations...........................................6.30.2, 9.2 ix OWNF.R's Representative___ 91 Payments to the CONTRACTOR Responsibility for....__....._... ._.I9, 14 ............ Recommendation of Payment_ ,_,_........... 14.4, 14,13 Article or Paragraph N um her Responsibilities --Limitations on __ 9,11-9,13 Review of Reports on Differing Sub utface and Physical Conditions_,.___ Shop Drawings and Samples, review responsibility.. Status During Cmstruction--. authorized variations in the Work.__. ...9.5 Clarifications and Interpretations_, 9A Decisions on Disputes. _................ _....9.11-9.12 Determinations on Unit Price_ _ _ _ 9.10 ENGINEER as Initial Interpreter 9.11-9.12 ENGIN'EER's Responsibilities_,,,. ,. -. _. _, , 9.1.9.12 Limitations on ENGINEER's Authority and Responsibilities,.,_._ .9,13 OW'NER'sRepresentative....__-.�_...__..--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 ,.,..,.._,............. .3-6.5 Equipment rental, Cost of the Work 11.4.5.3 Equivalent Materials and Equipment___,_...__,____ error or omission; ........ _ ._-_....,.. . Evidence of Financial Arrangements. . _ ............ ......6.33 _, 8.11 Explorations of physical conditions ... ....... .. .......... _ 4 2.1 Fez, CONTRACTOR'S --Costs Plus._ .......................11.6 Field Order — definition of,_.... ..._ _ _ -).19 issued by ENGINEER_......- ..-_ 3.6.1, 9.5 Final Application for Pavment.� 14.12 Final Inspection.................................................14.11 Final Payment -- and Acceptance_ _ _....- _._.. _1413-14.14 Prior to, for cash allovences. -_ _. 11.8 General Provisions._,....,,..„, . __......,._17.3-17.4 General Requirements-. definition of ................................... _............... I.20 principal references to... .. _16. 64, 6.6-6.7. 6.24 Giving Notice,__,._...... 17.1 Guarantee of Work —by CONTRACTOR__ _6.30,14.12 Hazard Communication Programs_. -._.___... Ilazardous Waste - _6.22 defmition of— 12, general ... ..- . .. .. 45 OWNER'sresponsibilityfor, ....... ......... S_DV r ('DC (8 -NF:RAL COMA nONS 19104(199a J..'n 1 OM w! C1TY CA' FORT CO4,LR45 MOD1f7CA'nON'S (RGY 9f99) Indemnification 6 11, 6,16. 6 31-6 33 Initially Acceptable Schedules Inspection -- Certificates .9.13 4, 13 5, 14.12 Final ..... ..... . . _ _ , _ ... 1411 Article or Paragraph Number Special, required byENGINE3ER__ _ .... ..... 9.6 Tots and Approval f,7, 13,3-13.4 Insurance -- Acceptance of, by OWNER „ 5,14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work_ .... ......... _17 Bonds and --in general_ .......... Cancellation Provision Certificates of . .. ...... _ 2,7, 5, 5 .3, 54.11, 5.4.13, ...................5.0.5, 5.8, 5,14, 9,13.4, 14.12 completed operations.. __ .. . .. .... ............ 5.4.13 CONTRACTOks Liability_ ............ _ . ..... ...... . 5.4 CONTRACTORs objection to coverage, ..... _ 5, 14 Contractual Liabilitv 5.4.10 deductible amount-, CON f RACTOR's responsibility.......... .... ....................... ....... 59 Final Application for Payment . ...... .. ...... .14 12 Licensed Insurers,, ...... . .... .. 3 Notice requirements, material change*..". rr5'81 10-5 Option to Replace J.14 other special insurance....................................5.10 OWNER us fiduciury fa insureds 5.12-5. 13 OW.N+,R's Liability, OWNE-R'sResponsibility Partial Utilization, Property Insurance..............5.15 ProPertv. - - - .. I - __� � . ..... .... ... - .. . ..... Receipt and Application of Insurance Proceeds.._......._ ....................... JA2 5,13 Special Insurance..... _5.10 Waiver of Rights . .. .. .. ...... . ' 5.11 Intent of Contract Dcxum ents _.I-3.4 Interpretations and Clarifications, .......... 3 ..6.3, 9.4 Investigations of physical conditions .......................... 4.2 Labor, Materials and Equipment. ......... ............. 63-6.5 Lands— andEasements,, .. ..... ..... .. .... 8.4 Availability of ............... 4.1,8.4 Reports and Tests,-. .........8.4 Laws and Regulations --Laws or Regulations -- Bonds Changes in the Work. ...... ... 10.4 Contract Documents 3,1 CONTRACTOWs Responsibilities �61 14 Correction Period,,*fective Work 13.12 Cost of the Work, taxes .................... ...... ... )14,5.4 definition of. ..... gencraI614 Indemnification., 6.31-6.33 Insurance S 11 Precedence 3.1.3.3.3 Reference to, ...... J 31 Safety and prokeetion-1- _6,20. 13' Subcontractors, Suppliers and 011ICTS, _68-6,11 Article or Paragraph Number Tests and Inspections. ... 13.5 lice of Premises............. 6,16 Visits to Site q Liability Insurance.- CONTRACTOR's 5A OWNER's__ .. .... 55 Licensed Sureties and Insurers..... ... .... ... 53 Liens -- Application fix Progress Payment 14.2 CONTRACTOR's Warranty of Title 143 Final Application for Payment ........... . ..... ... 14,12 definition of__.,__,_., ...... 1.1 23 Waiver of Claims......,,._..__14,15 Limitations on ENGINEFR's authority and tespc,osibililies ... ... . ...... .... .. ....... 9 13 Limited Reliance by CONTRACTOR Autborized.......................................................42. 2 Maintenance and Operating Manuals -- Final Application for Payment ....... .. . 14.12 Manuals (of others) -- Precedence 33A Reference to in Contract Documents .......... 33.1 Materials and equipment — furnished by CONTRACTOR 63 not incorporated in Work,...... J4.2 Materials or equipment--equivalen ' t 67 Mediation (Optional)_ . ...... ........ . 167 Milestones --definition of ........................................1.24 Miscellaneous— Computation of Tim . .......... Cumulative Remedies, .... ___ . ..... 17.4 Giving Notice........ ...... ................. ...... . 17.1 Notice of Claim 173 Professional Fees and Court Cost- Included,,._,_„ 175 Multi -prime contracts. ........... .......... .. .... 7 Not Shown or Indicated.. 43.2 Notice of -- Acceptability of Firject ...... ......... .... 14,13 Award- definition of ... .125 Claim................. ..... ...... ................ ....... 1.73 Dcfects.13.1 Differing Subsurface or Physical Conditions 4.2 3 Giving 17A Tests and Inspections ..... ........ ..... ........ _ _ 133 Variation, Shop Drawing and Samplv. ... ...... ..... 6:27 Notice to Proceed — definition o( giving of.._.....__._ ...... ........23 FK'W, CS .%AAL COMATIOM 1910-8 O990 EDITIONl wi CITY OF FORT COLLMMODEnCArONS (REV 9/99) Notification to Surety_........ _.._._ _........10.5 Ohscrvations, by ENGINEER Occupancy of the Work ... .......... .5,IS. 63024, 14,10 Omissions oracts byCONTRACTOR ..... ...._._ 69.9.13 Open Peril policy form, Insurance __..........__.... .._ 5.6,2 Option to Rcpl ace _ ........................................ _....... 5.14 Article or Paragraph Number "Or Equal" Items.. _ ... ..... 6.7 Other work 7 Overtime Work —prohibition of _. _ _..., _.. _ _ ,... _.. _..._ 6.3 t1WNER•- Acceplance ofclefechve Work...........................j3.13 appoint an ENGINEER_.....__ ._._.._.._._......_ 8.2 as fiduciary ..... ........... ._.. _....._....... .._ S12-5.13 Availability of Lands, responsibility...._, _..,._,,,¢.1 definition of. data. furnish 83 May Correct Defective Mork ..........................13.14 May refuse to make payment........ _. _..............14.7 May Stop the Work ... ..__......... ... ..._...13.10 May Suspend Work, Terminate ....... .. _ . .._8.8, 13.10, 15.145A Payment, make prompt .....................tt.3, 14A, 14,13 performance ofother work,., 7.1 permits and licenses, requirements,_.._. ,_ _.,,,.1 ¢.13 purchased insurance requirements _,,,_...... ..S 6-5.10 OWNER's•- Acceptance of the Work.. _ _ . _ _ _ _ . 6.30.2 5 Change Orders, obligation to cxewt4;......... _ 8.6, 10A Communications ............................... ..... .... 8.1 Coordination of the Work 7A Disputes, request for decision_,__,,.,. _...�.lt Inspections. tests and approvals....__._- .....83. 13.4 Liability Insurance,_....... _......_......._.._.._..,_55 Notice of DcfecLs,,,,,,,,, .13.1 Representative --During Construction, ENGINEERS Status __9.1 Responsibilities -- Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Material 8,10 Change Orders ..................... _......... .......... ... 8,6 Changes in the Work.. .._.._._.... .._ ... _ 10J communications _.......... _...... _...... 8.1 CONTRACTOR's responsibi lities. _ .. _ _ . _...,.8.9 evidence of financial arrangements ............. 8.11 inspections, tests and approvals,__,.. 8 7 insurance..................... ... ... .. ........ .... ... ........ 5.5 lands and easement*.... _. _ ... _ .... _.. _.. _ 8.4 prompt payment by .._ __..... _._._._..__.._8.3 replacement ofENGiNEER__.....,_.__...., _8.2 reports and tests 9.4 stop or suspend Work..,._ ....... 8.8, 13,10, 15.1 terminate CONTRACTOR's separate representative at site ............................ 93 testing, independent,.___.,_,. use or occupancy' of the Work written consent or approval required _.. ................... 134 5.15.6.30.2.4, 14.10 .... 1.11-..9.1,6.3, IIA F!(`,IJC(FNER.AL(XIND 10NS141 0.9(1"a ED1TIoM w? CITY Or FORT COLUNu MWIFICA110N9 ¢t1W 9. ") Article or Paragraph Num her written notice required, ........ .... . , 7. 1 . 9.4, 9 11, 11,2, 119, 14.7. 15.4 PCBs -- definition of, 129 general.......................... .......... ....................... ,4 5 OWNER!s responsibility for, .8.10 Partial Utilization -- definition of " 1 28 general 630.14, 14.10 Property Insurance__. . , , , � ... .... . 5.15 Patent Fees and Royalties .... ........................ ........ 1.612 Payment Bonds„_,,,._......_,.._.......- ---.............. - ' * ' ' 5.1-5.2 Payments, Recommendation of, .. ....... _14_4-14.7, 14,13 Payments to CONTRACTOR and Completion- Applicatioh for ProgressPayments . . ....... 14.1. CONTRACTOR's Warranty of'ritle-, _ , 143 Final Application for Payment ..................... ... J4,12 Final Inspection-_...._._, ..14,11 Final Payment and Acceptance .. ...... ...... 1413-1414 general ....... _ .... . ........ _83, 14 Partial Utilization, "14. 10 Retamagc_ ................... .............. ................ 14,2 Review of Application-, for Proffe&% Payrn enis . . ....... ........ 14.4-147 prompt payment._,,.... ... .... . . ....... _83 Schedule Of Values_.... 14A Substantial Completion 14-8-14.9 Waiver of Claims............................................ 15 when payments due .................. 14A, 14,13 withholding payment. 14,7 Pcrfirmance Lkmds,. 1-5.2 Permits ............... 6.13 Petroleum -- definition of .....................................................1.30 general.............................................................. 4.5 OWNER's responsibilitv, for 10 Physical Conditions -- Drawings of, in or relating tq 4 2.1 .2 FNGINFXWs review ......................... 4,24 existing structures_.......- .... . ........ 42.2 general 4.2.1.2 ...... _ ...... ...... Notice of Differing Subsurface or ......... ........ 4.2.3 Possible Contract Docurnents Change ... ........... 4.15 Possible Price and Times Adjustments ..............4.2 6 Reports and Drawings ................... ........ ____4.2 1 Subsurface and_ .. - _ . .. . . ........... ........ 4,2 Subsurface Conditions, ........ _ __ 14-11 1 Technical Data, Limited Reliance by CONTRACTOR Authorized..._..........._ ... 4,12 Underground Facilities.. general........................................................ . 4.3 Not Shown or Indiesed .. ...... 11.1 _ 4.12 Protection Of....................................... 43. 620 Article or Paragraph Number Shown or Indicated._._..._...._ ... 4,31 Technical Data .422 Preconsiruction Conferenoq .......... ............ ........... Preliminary Matters Preliminary Schedules .............................................. Z 6 Premises. Use of...,... ...... 6.16-6.18 Price, Change or contract ' - _' ' ' " I I Price, Contract. -definition of ' IAI Progress Payment. Applications for.,,..-._...._,._ 14.2 Progress Payment--rctainag; .. . ...... 14,2 Progress schedule, CONTRACTOR's ........... Y,6, 2,8, 19, '_ ' " "_ 6.6, 6.29, 10A, 15.11 :'q Project --definition of 1.31 Project Representative-- ENGTNEER's Status During Construction. Project Representative, Resident --definition of 133 Prompt Payment byOWNFR ................. Property Insurance_ 5,7 genera15.6-5. 10 Partial ( 1dization 14,10.2 receipt and application of procceds ............ 5- 12.5 13 Protection, Safety and,... ......... ................ 6. 2" .21, 13.2 Punch list Radioactive Material— defintiun of, ....... ........ . ...... . .... .. 1.32 genera14.5 OWNE.R's Yesponsihility fa„_„ ........... ............. $. lu Recommendation of Payment .... ............. 14.4, 1+5, 14.13 Record 0ocuments 14.12 Records, procedures for maintaining-,__._„._ Reference Points .... .. *** ..... .. 4.4 Reference to Standards and Specifications of Technical Societies.........................................3.3 Regulations, Laws and (or) ...................................... 6,14 Rejecting Defective Work ...... 96 Related Work -- at Site Performed prior to Shop Drawings and Samples submittals review ' ....................6.2R . Remedies. cumulative..._.,.........__-..... ... ... .... 174.17-5 Removal or Correction ofDofective Work ... 13A 1 rental agreent enm OWNER approval required, .... 11.4.5.3 replacement of ENGINEER, by OWNER.......„- ...... _u.- Rqx)r1me and Resolving Discrepancies ................................. Z5, 3.3.2, 6,14.2 Reports -- and Drawings .... . .. ....... and Tests. OWNSes responsibility:... .... ...... 8.4 Resident and Project Representative -- definition of-... provision for ............................................................93 EX'U'GIENIMAL CON131TIOM19104(l"o EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9/") Article or Paragraph Num her Resident Superintendent, CONTRALTOR's,,._...._, ,.6.2 Responsibilities— CONTRACTOR's-in general........... _..................... 6 ENGINEEKs-in general. _......._ . _..9 Limitations on .......... ... _........ 9.13 OWNER's-in general.,......_ ................ .. Retainage ........... ..... ...... _...- Reuse of Doctmt ents.., . _,.. _. _ _... _.... _..._........ _....... 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. _. _ J0.2 Rights of Way..-_............ _._. 4.1 Royalties, Patent Fees and......................................6.12 Safe Structural Loading ............. ........ -_ ..................6.18 Safety -- and Protection .. ........ ............ _,,...... 4.3.Z 6.16, 6.18, _......6.20-6.21, 7.2, 13.2 general.....................................................4 20423 Representative, CONTRACTOR's.......................¢'1 Samples -- definition o(........_................_..................-_...,1,34 general ...................................... _... .......... 6.24-6.28 Review by CONTRACTOR _ _. _.... _... _ 6,25 Review by ENGINEER__ ....................... _.0.20, 6 27 related Work.............................................._.....6.28 submittal Of__...._.._...... _................ 24 _....-__.-62 submittal procedures.. _............................ ...6.25 Schedule of progress, .... ....... _2.6, 2.8-2.9, 6.6, .__....._6.29, 10A, 1521 ScheduleofSho.pDr.awing.a.nd Sample Submittals.............................1.6, 18-2.9, 624-6.28 Schedule of Values_._......... .......... Schedules -- Adherence to..._......... _.15.2.1 .Adjusting_.... .... .................. _,6.6 Change of Contract Times.................................10A Initially Acceptable. ................. ...... .....'.8, 2,9 Preliminary, ........ ......................... ... .... ............2.6 Scope of Changes, ....... ........ _........... .......10.3-10.4 Subsurface Conditions. .. ............. ....... ......... Shop Drawings -- and Samples, general ................................ 6.24-ti 28 Change Orders & Applications for Payments, and.... ........ .. definition ol........................... ............. _ . . _1.35 ENGINEER's approval of 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.24.6.28 relaw Work_._.... _... _.. _-....._......_..-..,_... 6.28 review procedures ... ........... ................. 2-8. 6.24-6.28 Article or Paragraph Number submittal required._.. ......... ... .......624.I _.. Submittal Procedures....._.......... _................_...6.25 use to approve substitutions__._ 6.7.3 Shown or Indicated.- ... ............... ....... _1, .1 Site Access _ .. .._._..........7.?. 13.2 Site Cleanliness ._.. 6-17 Site, Visits to— byENGINTL R_._ _........ .__ __..___....9.2, 132 by others._._. "special causes of loss" policy firm, insurance._-__....-...._.................__....._........$.62 definition of Specifications— definationof_._. --- ___...,._1,36 ................ of Technical Societies, reference to 3.3.1 precedence...._...............................................�3.3 Standards and Specifications of Technical Societies ..............._.. _....._......,..,..3.3 Starling Construction, More.,.,....._..._-._,„,_.,._�.5-2.8 Starting the Work -.... .14 Stop or Suspend Work -- by CONTRACTOR...........................................15.5 by OWNER ._._...... _,8.8,13.10,151 Storage of materials and equipment. ........ --....4.1, 7.2 Structural Loading. Safety,_____. _..............._.._.....6.18 Subcontractor— Concerning,... ..... .............. _................. .............. defmition of ......... .......... ....... .... .. .....1.37 delays _ ._.. .. ...12.3 waiver of rights, _..... ............6,11 Subcontractors --in general.,,,,.. _..... _................ 6.8-6. I 1 Subcontracts--requ ired provisions... _ _ _.,, 5.11, 61 1, 11.4..3 Sub" ittais— Applications for Payment..................................14 2 .Maintenance and Operation Manuals....., 14 12 Procedures .__ _... _ ..___ 6.25 Progress Schedules _ - r-................ ...............2.6. 2.9 Samples _,-,.. 6.24-6.28 Schedule of Values. .................. .......... 2.6, 14.1 Schedule of Shop Drawings and Samples Submfissions,......_....... ,2.6, .................. . 2.8.2.9 Shop Drawings ........... _ ... _....... -_... _... , 6.24-6.28 Substantial Completion -- certification of ... ..... ...,.._............6.3023, 14.8-14.9 definition of .............................. ...................... .1.38 Substitute Construction N4ethods or Procedures..._,.. 6.7 Substitutes and "Or Equal" Items_,,. _ _. _........ _.. __. -6.7 CONTRACTOR'sExpense F.NGINEER's Evaluation *Or -Equal".. _......... 6 7,1 1 Substitute Construction Methods 1-JUX' (1,A'ERAL (,'omwnoN$ i9io•8 U99a EDI710M w! MY (T TORT CCUINS MODI17CA7IONS (Rry 9199) Article or Paragraph Number or Procedures........... __.................._..........6.7 2 Substitute Items Subsurface and Yhvsieal Condi$ons-- Drawings of. in or relaing to„_,,,, 4.2.12 ENO M,;ER'sReview. _ general.........._..................... ......... _..... _.........,4.2 Limited Reliance by CONTRACTOR authorized__.._.__........._.........-._......._,.4.22 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...............4.26 Reports and Drawings_.,,,_. Subsurfaceand........._..............._......................-.4 Suhsurface Conditions at the Site,,.,,,..,., Technical Data, Supervision-- CONTR;\C'lC)R'srtsponsibifity'__... _...._..._.._.6.1 OWNER shall not supervise .................... ............ 8,9 ENGINEER %hall not supervise„_.....,,..,., 9-21 9.13 2 Superintendence.... _ - _........... _............ _ 6.2 ............... Superintendent, CONTRACTOR's resident,,,,,,,,,, ,,, 6.2 Supplemental costs...__...... . Supplementary Conditions -- definition of..._ ........................ ) - 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, 6.8,6.13,7.4,8.11,9,19.10 Supplementing Contract Documents ...... ,_......... ...... .3.6 Supplier -- definition of .... ................. ... ............................. .J.40 Principal references to,,,,,,, _„ 3.7, 6.5, 6.8.6, 11, 6.20, __ _ .--...._ .. ...._..-..624, 9.11 14A2 Waiver of Rights_-.-..._ ........--0.1] Surety -- consent to final payment, ,. _. _... _.. _........14.12, 14,14 ENGINEER has no duty to .... ......................... —9,13 Notification of . .. _, __ _.. .101, 10.5,152 qualification of.._,,,,._...- .__A1-5.3 Survival of Obligations,..__._. .... I-- .......................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 faxes --Payment by C )NTRAC1'OR _ _ 6-15 Technical Data -- Limited Reliance by CONTRACTOR................4.22 Possible Price and Times Adjustments .,. 4.2.6 Reports of Differing Subsurface and Physical Conditions...._._. _..........._,..........4-2.3 •1v Temporary construction facilities., __ 11 _.4 1 Article or Paragraph Number Termination — IV CONTRACTOR _ _ _- _ _-15.5 by OWNER ..... ....................... ....._....,k.8, 15.1-15.4 ofENGINEER'semployment.. __........_ &2 Suspension of Work-in general._.... .... ... . _.15 Terms and Adjectives... ........ ........ _........ 34 Tests and Inspections -- Access to the Work, by others_ . ................ 13.2 CONTRACTOR's responsibilities ......................13.5 cost of 13.4 covering Work prior to.......... _.. _......... 116-117 Laws and Regulations (or).,........ ........... 13.5 Notice of Defects_....... ...... .. _ _ _.13.1 OWNER May Stop Work .., 13.10 OWNER's independenttesting ..........................13.4 special, required by ENGINEER..-- ..... . .....9,6 timely notice required ....,_ 134 Uncovering theWork, at ENGINEERs request ........... -_.. .._ . . _.....____13.8-13.9 - .. . 'I'imcs-- Adjusting.......................................................... C,6 Change of Contract-,__ ...................__...._.._ 1'_ Computation of_. _.......,.. 17.2 Contract Times• -definition oC,._........... .........1.12 day _... _ _._ _ _ .IT2.2 Milestones, ...... ....................... ....................... 12 Requirements -- appeals._.._ ..... _ _ _ __. _9.1Q 16 clarifications, claims and disputes ... ...... ,..,9A 1. 1 L2, 12 Commencement of Contract Times,_„-,.. .... ....2.3 Reconstruction Conference ........................... ; 8 schedules ......................................... 2.6, 2-9, 6.6 Starting the Work. _.__. -..--..... _ 24 Title, Warranty of...._..-..... ._.... .. 14.3 Uncovering Work. . ......... ..... .. ... 13.8-13.9 Underground Facilities, Physical Conditions -- definition of ...... ........... ........... .._....................141 Not Shown Or Indicated.. _... _ _.. - .. _.-.. 4.3 2 protection of,.... ..... _ ....__......_..- _A.3, 6.20 Shown or Indicated........................... _,__.....4.11 Unit Price Work -- chums........... ... ............_..__...._....._.._,,.1.1.93 definition Of— _...1.42 general]1,9, 14,L 14.5 Unit Prices-- genera111.3.I Determination for,,..,,.....____..._ .... -....... 910 Use of Premises .......... ...._......._......6,16, 6.18, 630.24 Utility owners.............................¢,13, 6,20, 7.1.7.3, 13.2 Utilization, Partial..- __._..1.28, S.15, 6.30.24, 14.10 Value of the Work................._._..............................1 i.3 Values, Schedule of._.... _.........__....... .f, FJMX' OENFRAL CONr1IT1OMS 1910.8 41990 FIXTION) cat CITY OF FORT COLUNS h10DIFICATIONS (REV 9199) Variations in Work- Mmor Authorized _...._._..__. 625,6.27,9,5 Article or Paragraph Number Visits to Site --by ENGINEER ...... ,... ........... ............. 9.2 Waiver of Claims --on Final Payment._. 14-15 Waiver of Rights by insured partics..................i.l 1, 6.11 Wurrunty and Gwarantee, Generul--by CONTRACTOR. 6.30 Warranty of Title, CONTR\CTOR's ... _..... 14.3 Work -- Access t0 13.2 byothers ............... _......................,....................... 7 Changes in the .................... ......................... .__.10 Continuing the, _... ..... ...629 CONTRACTOR May Stop Work or Terminate __- _ _ _ . 155 Coordination of 7A Cost of the ......................._..................., I I r4-11.5 definition of 1 43 neglected by CONTRACTOR _ . _ .. . _. _ ... 13.14 other Work._ _ 7 OA'h°ER May Stop Work _ 13.U0 OWNER May Suspend Work...................13. 10. 15 1 Related, Work at Sac. ..... .. ... . ... . ........ 71-73 Starting the- ,, . he.......... _....�......'A ' Stopping tA, CONTRACT TOR .___.- .___.___,._. 15.5 Stopping byOWAFR..___, _.._... ........ ......15.1-15.4 Variation and deviation authorized, minor 36 Work Change Directive -- claims pursuant to._,,,,,,,,,,,,,,,,,,,,, ................... ,.102 definition of 1.44 principalreferenceslo __.__....._._.3.5.3. Written Amendment -- definition of J,45 principal references to., .... ....... 1,10, 3.5, 5.10,15.12, .......6.62, 6.$2, 6.19, 10A, 10A, __.... 11 2. 12.1. 1.3 122, 14.7 2 Written Clarifications and Intcrpretatiurts._.... .............__..._._.3.6.3, 9.4. 9.11 Written Notice Required-- by CONTRACTOR .... ....................7.1, 9.14 9.11. 10.4, 112, T2.1 byOWNFR_ 9,10-9.11. 10.4, 1L2, 1114 xv EI(TJt.` OENERAL CONDITIONS 1910-9 (199a EDITION) a/CITY Or rORT COLLrNS MODirtCA110NS (REV 9199) (This page left blank intntiiaially) si EXIX MNERA , COMMONS t9to-s (19W wmox) wt OTY" OF FORT cot.t ms momnCAMNS pest 9d99) GENERAL CONDITIONS ARTICLE 1— DMINITIONS Wherever used in these General Con clitiois or in the other Contract Documents the following terms have the meanings indicated which are applicable to bah the singular and plum] thereof 1 I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarity, correct a change the Budding Requirements or the Contras Documents 1.2. 3gneemeiu—Thc written contract between OWNER and CONTRACTOR covering the Work to be perfumed: other Contract Doc umcrim are attached to the Agreement and made a part thereof as provided therein. 1.3, 9ppplieaWon for PaymeN--Th form accepted by UNGINFER which is to be used by CONTRACTOR to requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Doctunents 1 A. Asbestos --Any material that contains more than me percent asbestos and is friable or is releasing ashestos fibers into the air shove 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 Dccwnents--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 Requirementa—The advertisement or invitation to Bid instructions W bidders, and the Bid form L8. Bonds—Petimmance and Payment bonds and other instruments of security. 1.9. (Mange Order --A document recommended by ENGINEER, which is sighted by CONTRACTOR and OWNER and authorises an additim deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after Use Effective Date of the Agreement. 1.10. Contruct Docrime»ts—The Agreement, Addenda (which pertain to the Contract Documents), CONT'RACTOR's Bid (including documentation accompanying the Bid and any post Did documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Boucle these General Conditions. the Supplementary Conditions, the Specifications and the f)mwings as the EX'DC 0ENERAt Cotmrnotas 19104 it 9" Edttmn WICM of FORT (z)Lutas MOD111Cnnoeis (REV 4120001 same are more specifically identified in the Agreement. together with all Written Amendments, Change Orders, tv'ork Cletry;e Directives Field Orders and ONGINEER's written interpretations end clarifications issued pursuant to paragtaphs3.5. 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop I)raw'm2 submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to as paragraphs 4 _'. ] and 4.2are rw4 Contract Documents. 1.11. C:onnnet Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract lkocumenm as stated in the .agreement (subject to the provisions of paragraph 11.9 1 in the case of Unit Rice Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial (.1ompleboni, and (u)to complete the Work so that it is ready for final payment as evidenced by F.NGINEVR's written recommendation of final payment in uccordari c with paragraph 14.1..1 1,13. COMIR4CTOR--The person. firm or corporation with wham ( )WNh:R has enteral into the .agreement 1.14. &fecriive—An adjective which when modilying the word Work refers to Work that is unsatisfacion, fitulty or deficient in that it does not conform to the Comma 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 ENGINE Ws recommendation of final poymcrit (unless responsibility fox the protection thereof has been assumed by OWNER at Substantial Cwmplegion in accordance with paragraph 14.8 or 14.10). 1.15, Dru vtngs--The drawings which show the scope, extent aril character of the Work to be furnished and performed by CONTRACTOR aria which helve been Prepared or approved by ENGINEER and are referred to in the Contract Doewnents. Shop drawings are not Drawings as so defined 1.16. E$ecdvv Date of dw ,Agivenient—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, ENGIAFER—The parson, form or corporation named as such in the Agreement. 1.18. EMGI ER*s CansuBani--A person, firm or corpnmtim having a contract with ENGIItiT ER to furrimh services as 040INEER's independent professional associate or t:ortsttlfant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Orlon A written Order issued by ENGINEER which orders mirror changes in thc Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times,