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HomeMy WebLinkAboutBID - 6055 HARMONY ZIEGLER 30382V ADDENDUM No. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6055 Harmony and Ziegler Road Improvements Front Range Village Development OPENING DATE: 3:00 P.M. (Our Clock) June 12, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. I. The Asphalt Design will not be available before the Bid Opening on June 12, 2007. The City will adjust the asphalt quantities to reflect the final pavement design after the Bid is awarded. The asphalt mix designs listed on the attached Bid Tab will remain unchanged in the Final Pavement Design, only the thickness/tonnage will be adjusted. The unit prices of the awarded contract will not be adjusted for the changes in asphalt thickness/tonnage. 11. Asphalt prices will be adjusted for 2008 prices in January of 2008. The City of Fort Collins - Purchasing Department will require a statement that indicates the change of oil price as justification for the unit price changes. The adjustment will be made as a percentage increase applied to all Asphalt Line Items. The oil price information will only be disclosed to the purchasing department and will be confidential. III. Mix Design Change: The mix design on Item 403-04 - Asphalt Leveling Course'/ Grading S - 100 — (PG 64-28) is changed to Asphalt Leveling Course % Grading S-100 — (PG 64-22). IV. Mix Design Change: The mix design on Item 403-05 - Asphalt Hand Patching — Grading S — 100 — (3") — (PG 64-28) is changed to Asphalt Hand Patching — Grading S — 100 — (3") — (PG 64-22). V. Mulching will be measured and paid by the Square Foot (SF) VI. Traffic Control Inspections will be required once daily anytime traffic control devices are setup on the jobsite, whether work is occurring or shut down for the winter. Furthermore, a full time Traffic Control Supervisor (TCS) will be required anytime construction activities are occurring, including all winter work. As stated in the contract and pre -bid, the City will not allow long term closures on the project when no work is occurring (some devices may still be necessary to protect drop-offs and holes). VII. Traffic Control Specialty Signs need to use 4" Lettering. Vill. Bid Tab clarifications: Addendum #2 includes a revised Bid Tab that reflects the Bid Item changes. 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 • 2n" Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwa Scaoc.rom 6055 Harmony and Ziegler Road Improvements Front Range Village Development Addendum #1 Revised Bid Schedule Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 511512007 hem 8 hem Description - quantity Unit Unit Cost Total Cost 2000-13 Harrison Yellow Shrub Rose - 5 Gal. 28 EA 2000-14 Sin le Pink Shrub Rose - 5 Gal. 23 EA 2000-15 Native Pink Rose - 5 Gal. 35 EA 2000.16 Dwarf Korean Lilac - 5 Gal. 47 EA 2000-17 Bar harbour Juniper - 5 Gal. 56 EA 2000-18 No has Juni er-5 Gal. 142 EA 2000.19 Ices Blue Juniper 71 EA 2000-20 Dwarf Yellow Day Lily - i Gal. 20 EA 2000-21 Feather Read Grass -1 Gal. 124 EA 2000-22 Varie sled Feather Reed Grass -1 Gal. 66 EA 2000-21 Dwarf Fountain Grass -1 Gal. 114 EA 2000-22 M.,I,hi.n 39190 FA SUBTOTAL: Contract Bond 1 LS 625,01 Construction Surveying 1 LS 626-01 Mobilization 1 LS 630-01 Spedalty Signs 3" letters on 48"x48" 27 EA 630-02 Variable Message Boards 20 EA per Da 630-03 Type III Barricades 8 Section 630-04 Traffic Control 1 LS SUBTOTAL: TOTAL PROJECT: $Dollars TOTAL WRITTEN IN WORDS COMPANY NAME SIGNATURE TITLE PRINTED NAME DATE structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. n A'qn! R's b'1't"s i t of w:e .a resr:�r -espw , �,.. Rig 5.1& 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with Ol NER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. �1n.�^'T"nR'^ iespmtsihilit} in respect undisclosed Asbestos, Asbestos, PCB&- PetraletarL Hazardous Waste a�ca�Nla--aliG�i-ictiV[cR�6RiICsite is set forth in paragraph 4.5. 9.11. if and to the extent OWRRR-hft��� CONTRACTOR sonable evidence that futancial aa�reabeen—m^�� obitgatiem under the Gentmet responsibili�y in wz f-aortrr�l,rti,� e....vn`.;nrCenditiens: ARTICLE 9--ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.L ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Ksits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJCDC GENERAL CONDITIONS 1910-5 (1990 Editim) w,' CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEERS on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furrmslung or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 ma&-m 'ha-g pplo.n..,o.�_tary Conditiens of these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in varaamph 9:3 9.3.1. The Representative's dealings in matters pertaining to the on -site work wilt, in general, be with the ENGINEER and CONTRACTOR But, he Representative will keen the OWNER nronerh advised about such matters The Representativ_e's dealings with subcontractors will only be through or with the full knowledge and approval -of—the MNTRdCTOR. 9.3.2. Duties and Responsibilities. Representative will: 93.2.1. Schedules _ _- Review the progress 19 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerturi acceptabil 9.3.2.2Conferences and Meeting - Attend meeting —with —the CONTRACTOR such as preconstruction conferences, progress meetings and other —job -conferences and prepare, and circulate copies of minutes of meetings. 9.3.2.3. Liaison 93.2.11 Serve as ENGINEER'S liaison with CONTRACTOR working principally through CONTRACTOR'S supenntendent to assist the CONTRACTOR in understanding the Contract Documents, 9.3.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGINEER and CONTRACI-Okaf the commencement of any Work rec�uuing a Shon Drawing or sample submission if the submission has not been ap rp oyed by the ENGINEER. 9.3,2.4.Review of Work, Rejection of Defective Work, Inspections and Tests - 9.3.2.4.1. Conduct on -site observations of the Work in progress to assist the ENGINEER in determining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.43 Accompany visiting inspectors representing public or other agencies having iunsdiction over the Proiect, record the results of these inspections and report to the ENGINEER. 9.3.2 5. Interpretation-- of Contract Documents._ Report to_ ENGIN-EER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarification and interpretation of the Contract Documents as issued by the ENGINEER. 9.3 2.6, Modifications. Consider and evaluate CONTRACTOR'S _Suv estions for 20 EJCDC GENERAL CONDITIONS 1910-8(1990EdURI) as' CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) modification in Drawings or Specifications and report these recommendations to ENGINEER. Accurately transmit _ to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. addresses and telephone numbers of all CONTRACTORS subcontractors and major suppliers of equipment and materials. 9.3.2.8. Reports. 9.3.2.8.1. Furnish ENGINEER periodic ruts, as required, of the p ogress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing and sample submittals. 9.3.2.8.2. Consult with ENGINEER in advance of scheduling major tests, inspections or start of important phases of the Work. 9.32.8.3. Drad proposed Change Orders and Work Directive Changes, obtaining backup material from the CONTRACTOR and recommend to ENGINEER Chaff Orders, Work Directive Changes and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER the occurrence of 9.3.2.9-. Payment Requests Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with- recommendation to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and egut�pment delivered at the site but not incorporated in the Work, 2.3.2.10. Completion. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring correction or completion, 9.3.2.10,2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 93.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize any deviations from the Contract Documents or accept any substitute materials or equipment unless authorized by the ENGINEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR, Subcontractors, or CONTRACTOR'S superintendent. 9.3.3.4. Advise on, or issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures for construction unless such is specifically called for in the Contract Documents. 9.33.5. Advise on or issue directions regarding or assume control over safetu precautions and programs in connections with the Work 9.3.3.6, Accept Shop Drawings or sample submittals from anyone other than the CONTRACTOR. 9.3.3.7. Authorize (A N R to occupy the Work in whole or in part. 9.3.38 Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the ENGINEER. Clanfieations and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CONDTTI ONS 191 M (1990 Edi[im) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I or Article 11 Authorized Variations in Work: 95. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Orderjustiftes an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINBER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices 9.1 fj_ ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 2l for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the 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 1 l and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days alter receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Resolution Agreement". entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and io E1"GINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EICDC GENERAL. CONDITI ONS 1910$ (1990 Edition 1 22 w.�CITY OF FORT COLLINS MODIF,CATIONS(REV 4/>000) decision, unless otherwise agreed in writing by MNER and CONTRACTOR. 9.12, When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable to connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.I1 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws. or Regulations in respect of any such claim, dispute or other matterptursuent4e-t6.4lsle-},i. %13. Limitations on ENGINF_ER's Authotity and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents 9.133. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph IQI, (it) 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, 10A.2. changes in the Contract Price or Contract Times which are agreed to by the parties, and 10.4.3. changes in the Contract Price or Contract Times which embodv the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.111 provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents FJCDC GENERAL CONDITIONS 1910-8 (1990 E(fition) w/ CITY OD FORT COLLINS MODIFICATIONS (REV V2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1, The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2, The Contract Rice may only be changed by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3, inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2), 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11 6). Cost of the Work., 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall wte[ude, butxet be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation health end -retirement benefits, —bonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11 4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNED and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, 24 EJCDC GENERAL CONDITIONS 1910-8(1990E(itim) w/ CITY OF FORT COLLINS MODIFJCAnONS (REV 4.2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l .4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts 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, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11 4.5.5, Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and Toyalty payments and fees for permits and licenses. It 4.5.6_ Losses and damages (and related expenses) caused by daniage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts arty of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. I£ however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9, Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1, Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership' and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONNTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11-4.5 9 above). EJODC GENERAL CONDITIONS 1910-5 (1990 Edilim) w/ CITE" OF FORT COU INS MODIFICATIONS (REV A Q 000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 1 IA 116. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11 A.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.62.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-,af €w-pefeent—ol the—ameunt-geid-to the-nextl w unetaeto-to be negotiated in good faith with the OWNER but not to exceed five percent of the amount paid to the next lower t er Subcontractor. 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and I I's, 11.6.25. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease: and 11.626. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be '5 determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances. 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8E the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes, and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work- 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price wilt be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.93.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with 'article 11 if 11.9.3.1, the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement, EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed tim ) 26 w( CITY OF FORT COLLINSMODIFICATIONS (Rfili 4f2000) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work, and 11.9.3.3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of an ry grain ng item so long as the deletion or addition does not exceed twenty-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty daps after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Tines (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.1 Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost clue to such delay if a claim is made therefor as provided in Paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article7, fires, floods, epidemics, abnormal weather conditions or acts of God_ Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects., Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER'S Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasonable -times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections 13.3, CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except. 134.1 for inspections, tests or approvals covered by paragraph 13.5 below, 1342, that costs incurred in connection with tests or inspections conducted pursuant to paragraph 139 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CFFV OF FORT COLUNS MODIFICATIONS (REV 42000) below shall be paid as provided in said paragraph 13.9, and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof; may make a claim therefor as provided in Article 11 If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering, exposure, observation, inspection, testing, replacement and reconstruction, and, if die parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.I2.1.If within one-year two year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions'. (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. in special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other EJCDC GENERAL CONDITIONS 1910-9(1990Edittm) 28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one ye two years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (arid, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. O WNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere - CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and SPECIFICATIONS Erik FBI CONTRACT DOCUMENTS FOR Harmony and Ziegler Road Improvements - Front Range Village Development BID NO. 6055 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 12, 2007 — 3:00 P.M. (OUR CLOCK) damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month). CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retamage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or any arrangements involving an escrow, or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right [o the benefits of Colorado Revised Statutes, Section 24-91-101, et seq. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment Gee and clear of all Liens. Review of ApplicationsforProgressPayment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a FJCDC GENERAL CONDITIONS 1910-8 (1990 Et itim) wi CITY OF FORT COLLINS MODIFICATTONS (REV 4/2000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the famishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.72. 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 15.2. l through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition) 30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Parlial Utilization: 14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (it) OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work- CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shalt make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2, No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defec&e. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Payment 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any. to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (it) 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 EKDCGENERAL CONDITIONS 1910-8 0990 Edition) W CITY OF FORT COLLINS MODIFICATIONS (REV V2000) to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conform in to the format of the OWNER'S, standard Corms bound in the Project manual. Final Payment and Acceptance.• 14.11 If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CON'TRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability; the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the teams and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from dffeclive Work appearing alter 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.152 A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE. 15--SUSPENSION OF WORK AND TERMINATION 0VVER Nlay Suspend [York: 15.1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 11 OUVER May Terminate: 152. Upon the occurrence of any one or more of the following events 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph2.9 as adjusted from time to time pursuant to paragraph 6.6), 1522 if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER, or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EICDC GENERAL CONDITIONS 19I0-8 (199013chu m) 32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000) CONTRACTOR but which are shored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, casts, lasses 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, lasses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.42. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, 15.43. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others, and 15.4.4, for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination C0IVTR4CTOR May Stop Work or Terminate: 15.5. It; through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include Ore last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation O(`DC GENERAL CONDITIONS 1910-9 (1990 Edition} w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 17.22_ A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other patty's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13. L 13.12, 13.14, 14.3 and 152 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included' 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each case, but not be lnnited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. I T6. The laws of the State of Colorado apply to this Agreement. Reference to two pertinent Colorado statutes are as follows 17.6.1. Colorado Revised Statutes (CRS 8-17-11)1j require that Colorado labor be employed to perform the Work to the extent of not less than 80 percent (80N) of each type or class of labor in the several classifications of skilled and common labor emploved on the project. Colorado labor means any person who is a bona fide resident of the State of Colorado at the time of @mployment, without discrimination as to race, color, creed age reliRlon or sex. 17.6.2. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all cl_auns for labor, materials_ team hire, sustenance provisions, provender, or other supplies used or .consumed b)L CONTRACTOR or his 33 F.JCDC GENERAL CONDITIONS 1910-8 (1990 Ed um) 34 e/CITY OF FORT COLLINS MODIFICATIONS(REV4R000) (This page left blank intentionally.) E]CDC GENERAL CONDITIONS 1910-9 p990 FQim) 35 ai CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) 36 ETCDCGENERAL CONDITIONS l910-8(1990E6tial) Rai CITY OF FORT COLLINS MODIFICATIONS (REV 4C000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGRREMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parries have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGMER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will notsupersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be Filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copv will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -clay or ten-day period specified in paragraph 162 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claun. dispute or other matter in question would be bared by the applicable statute of limitations. RJCDC GENERAL CONDITIONS 1910-8 (1990 E:diticm) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten &vs after the termination of the mediation_ 'I he mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. GC -Al ESCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) GC -AI SE 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 -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 GENERAL REQUIREMENTS TECHNICAL SPECIFICATIONS APPENDIX "A"- FOR INFORMATIONAL USE ONLY 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. 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). 7/96 Section 00800 Page 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960 Application for Payment r me SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: CONTRACTOR: PROJECT NUMBER: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL o OF THIS CHANGE ORDER TOTAL C.O.% 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 NUMBER 1 2 3 OWNER: City of Fort Collins ENGINEER: CHANGE ORDERS DATE Net Change by Change Order AMOUNT $0.00 Section 00960 APPLICATION FOR PAYMENT PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: CONTRACTOR: PERIOD ENDING: Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as follows: Original Contract Amount: Net Chanoe by Chanae Order: 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. 9/997/96 Section 00960 Page 1 PAGE 1 OF 4 $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 1 $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 Harmony and Ziegler Road Improvements Date: May 14, 2007 HARMONY AND ZIEGLER ROAD IMPROVEMENTS FRONT RANGE VILLAGE DEVELOPMENT 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 — (Contractor 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 — (Contractor Supplied) ..................................................General Reqs. 19-20 01700 CONTRACT CLOSEOUT........................................................................................General Reqs. 21 01711 SITE CLEANUP........................................................................................................General Reqs. 22 01720 PROJECT RECORD DOCUMENTS........................................................................General Reqs. 23 General Reqs. - 1 Harmony and Ziegler Road Improvements SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. The Work shall consist of the construction of the outlined improvements: Date: May 14, 2007 1. Harmony Road: Improvements for widening Harmony Road from Union Pacific Railroad Tracks on Harmony and going east past the Harmony and Ziegler Intersection to Technology Parkway. The improvements for this project will widen Harmony Road to 6-lane arterial road standards. The work will include widening the existing asphalt, installing landscaped medians, and installing a Portland Cement Concrete intersection at Harmony and Ziegler. Median inlets and storm sewer pipe will also be installed to drain the road surface. Harmony Road paving will consist of full depth pavement sections and leveling courses on the existing wearing surface. Harmony Road will not have an asphalt overlay with this contract. 2. Ziegler Road: Improvements for widening Ziegler Road from Harmony Road to Horsetooth. The improvements for this project will widen Ziegler Road to a 4-lane arterial arterial standard. The work will consist of removal of curb and gutter, concrete sidewalk, pipe of various sizes, and installing new vertical curb and gutter, inlets, sidewalk, and landscaped medians. Ziegler Road paving will consist of full -depth paving in the widened areas and a minor asphalt overlay. 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. General Reqs. - 2 SECTION 00020 INVITATION TO BID 07/2001 Section 00020 Page 2 Harmony and Ziegler Road Improvements UTILITIES Water: Storm Sewer: Sanitary Sewer: Electric: Gas/Electric: Telephone: Traffic Operations: Cable Television: Railroad Crossings PRPA Irrigation *Utility Locates City of Fort Collins City of Fort Collins, Colorado City of Fort Collins City of Fort Collins Xcel Energies Qwest Communications City of Ft. Collins, Colorado Comcast Cable Omni Tracks -Great Western Railroad PRPA Cargill Specialty Ganola Oils Under A One -call @ system AGENCIES Occupational Safety & Health Administration Poudre Fire Authority City of Fort Collins Police Department Larimer County Sheriffs Department Postmaster: US Postal Service Ambulance: Poudre Valley Hospital Transportation: (OSHA): 844-3061 Non -Emergency: 221-65 81 Non -Emergency: 22 l -6550 Non -Emergency: 221-7177 Bill Adams: 225-4111 Non -Emergency: 484-1227 Transfort: 221-6620 Traffic Engineering: 221-6630 END OF SECTION General Reqs. - 3 Date: May W, 2007 221-6700 2216700 221-6700 221-6700 225-7847 377-6411 221-6630 484-7166 1-303-398-4505 229-5222 219-2462 1-800-922-1987 Emergency: 911 Emergency: 911 Emergency: 911 Emergency: 911 Harmony and Ziegler Road Improvements SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES Date: May 14, 2007 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. 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 Harmony and Ziegler Road Improvements — Front Range Development Project. This schedule shall be agreed to by both the Owner and Contractor. It shall be made in writing and signed by both parties. Significant Milestone: Sunday, August 19, 2007 The following improvements must be completed prior to the beginning of the 2007 Fall school year: A. The concrete intersection at Ziegler/Harmony needs to be reopened to all traffic movements. Any remaining work in the intersection will have to utilize lane drops while maintaining through and turning movements at the intersection. B. The Corbett/Harmony intersection needs to be reopened to all traffic movements. Any remaining work at the intersection will have to utilize lane drops while maintaining through and turning movements at the intersection. C. At a minimum, Harmony Road and Ziegler Road need to be maintained as one lane each direction at all times after August 19, 2007. The progress schedule shall be monitored closely during construction and may be updated by written agreement of the parties as changes occur in the project progress. If the milestones are not met, the Owner may utilize the remedies provided in paragraph 15.6 of the Supplementary Conditions as well as any other remedy provided by the Contract Documents or provided by law or equity. The Owner may also assess liquidated damages as outlined in Article 3, Section 3.2 of the Agreement. General Reqs. - 4 Harmony and Ziegler Road Improvements 1.3 CONFERENCES Date: May 14, 2007 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. 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. 1. 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 General Reqs. - 5 Harmony and Ziegler Road Improvements SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL Date: May 14, 2007 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. C. The schedule must show how the street, water line, 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: l . Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. General Reqs. - 6 Harmony and Ziegler Road Improvements 1.5 OWNER'S RESPONSIBILITY Date: May 14, 2007 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 General Reqs. - 7 Harmony and Ziegler Road Improvements SECTION 01330 SURVEY DATA 1.1 SURVEY REQUIREMENTS Date: May 14, 2007 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. The Contractor must submit a survey request to the Surveyors a minimum of 48 hours prior to needing surveying work done. D. 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. E. 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. F. 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. G. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures and items in accordance with the information on the stakes and grade sheets supplied by the Owner. END OF SECTION General Reqs. - 8 Harmony and Ziegler Road Improvements SECTION 01340 SHOP DRAWINGS 1.1 GENERAL Date: May 14, 2007 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. General Reqs. - 9 Harmony and Ziegler Road Improvements Date: May 14, 2007 4. FOR REFERENCE ONLY 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 S: 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. General Reqs. - 10 Harmony and Ziegler Road Improvements Date: May 14, 2007 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. Format. 1. Present in a clear and thorough manner. 2. Minimum sheet size: 8 1/2" 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, schedule or room numbers shown in the Contract Documents. f. Deviations from Contract Documents. g. Revisions on resubmittals. 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 General Reqs. - 11 Harmony and Ziegler Road Improvements Date: May 14, 2007 SECTION 01410 TESTING 1.1 GENERAL 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: 1. 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 and shall pay all costs in connection with testing required 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. General Reqs. - 12 SECTION 00020 INVITATION TO BID Date: May 15, 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 June 12, 2007, for the Harmony and Ziegler Road Improvements - Front Range Village Development; BID NO. 6055. 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. 0. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 6055 Harmony and Ziegler Road Improvements - Front Range Village Development: 1. Harmony Road: Improvements for widening Harmony Road from Union Pacific Railroad Tracks on Harmony and going east past the Harmony and Ziegler Intersection to Technology Parkway. The improvements for this project will widen Harmony Road to 6-lane arterial road standards. The work will include widening the existing asphalt, installing landscaped medians, and installing a Portland Cement Concrete intersection at Harmony and Ziegler. Median inlets and storm sewer pipe will also be installed to drain the road surface. Harmony Road paving will consist of full depth pavement sections and leveling courses on the existing wearing surface. Harmony Road will not have an asphalt overlay with this contract. 2. Ziegler Road: Improvements for widening Ziegler Road from Harmony Road to Horsetooth. The improvements for this project will widen Ziegler Road to a 4-lane arterial arterial standard. The work will consist of removal of curb and gutter, concrete sidewalk, pipe of various sizes, and installing new vertical curb and gutter, inlets, sidewalk, and landscaped medians. Ziegler Road paving will consist of full -depth paving in the widened areas and a minor asphalt overlay. The Contractor will provide Traffic Control and Construction Surveying. The Contractor will be required to work with our traffic control supervisor. This project will be done under a variety of partial closures and single lane closures. All Bids must be in accordance with the Contract Documents on file with The City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Contract Documents will be available May 15, 2007. A prebid conference and job walk with representatives of prospective Bidders will be held at 1:00 P.M., on May 30, 2007, at 281 N. College Ave, Conference Room A in Fort Collins. 07/2001 Section 00020 Page 1 Harmony and Ziegler Road Improvements Date: May 14, 2007 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. This 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 to monitor and coordinate all facets of the Work. 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. 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. Document inspections and tests as required by each section of the Specifications. Provide copies to the Engineer weekly. END OF SECTION General Reqs. - 13 Harmony and Ziegler Road Improvements SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. Date: May 14, 2007 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 Elco Water District 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. 1. Only 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. 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 General Reqs. - 14 Harmony and Ziegler Road Improvements SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL Date: May 14, 2007 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 7:00 p.m. and 7:00 a.m. Due to the aggressive schedule that this project entails, exceptions will be made. The City of Fort Collins will require written requests for exception to be submitted to the Project Engineer 3 days prior to work. 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, storm 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 general 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. General Reqs. - 15 Harmony and Ziegler Road Improvements Date: May 14, 2007 D. Comply with the City of Fort Collins' Storm Drainage Erosion Control Manual and Plan. 1.5 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. C. 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 General Reqs. - 16 Harmony and Ziegler Road Improvements SECTION 01570 TREE PROTECTION Date: May 14, 2007 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 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 tree protection erection and root pruning activities. Owners' Field Representative, at his/her 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. General Reqs. - 17 Harmony and Ziegler Road Improvements Date: May 14, 2007 F. Violation of Specifications and Penalties for Damaging 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 $100.00. 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 General Reqs. - 18 Harmony and Ziegler Road Improvements SECTION 01580 TRAFFIC REGULATION 1.1 TRAFFIC CONTROL Date: May 14, 2007 A. The traffic control for this project shall be the responsibility of the Contractor. Traffic control is defined as the manpower and devices necessary to channelize vehicular and pedestrian traffic through the project. A full-time Traffic Control Supervisor will be required on the project during all construction operations. 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. Harmony Road: The City of Fort Collins will allow the West -Bound Harmony Road traffic to be diverted to the East -Bound travel lanes, thus maintaining one -lane in each direction on the South side of Harmony Road. This closure will only be allowed for 35 calendar days. The limits of this closure are '/ mile east of Harmony Ziegler to %4 mile west of Corbett Drive. The closure will need to be approved by the City of Fort Collins Traffic Control Coordinator. Harmony Road: Single lane closures will be allowed for construction of the new lane additions and median installations. These will be for both Eastbound and West Bound traffic. Zeigler Road: The City of Fort Collins will allow the North Bound and South Bound through movements and left turn movements to be closed at the Harmony/Ziegler intersection until August 19, 2007. When possible, the City will require right turn movements to be allowed onto Ziegler and/or Harmony. The closure will need to be approved by the City of Fort Collins Traffic Control Coordinator Zeigler Road: Single lane closures will be allowed for construction of the new lane additions and median installations. These will be for both Northbound and Southbound traffic. Local Residential Access: Local access must be maintained at all times. City of Fort Collins will coordinate with the developers so access can be kept open. 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 Work. Pedestrian traffic shall be maintained at all times, utilizing temporary sidewalks when necessary. General Reqs. - 19 Harmony and Ziegler Road Improvements Date: May 14, 2007 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 General Reqs. - 20 Harmony and Ziegler Road Improvements SECTION 01700 CONTRACT CLOSEOUT 1.1 SUBSTANTIAL COMPLETION Date: May 14, 2007 A. Substantial Completion for the Harmony and Ziegler Road Improvements — Front Range Development Project shall be defined as the completion of all earthwork, pavement, concrete work, striping, signage, landscaping, and any other pertinent items as required for this project. All driving lanes, bicycle lanes and sidewalks must be open to traffic. B. Substantial Completion dates or times are outlined in Section 00520 - Agreement. 1.2 FINAL COMPLETION A. Final Completion shall be defined as 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 General Reqs. - 21 Harmony and Ziegler Road Improvements SECTION 01711 SITE CLEANUP 1.1 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. Date: May 14, 2007 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 project by the Contractor at the earliest opportunity, but in no case shall the street be left uncleaned 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 project. The City's Street Department will sweep the street at an approximate hourly rate of $70.00 for a minimum of 2 hours. The Contractor must sign a Contract with the City Street Department prior to requesting street sweeping. 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 General Reqs. - 22 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-ldo.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 Paqe 2 Harmony and Ziegler Road Improvements 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: May 14, 2007 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. 1. 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 General Reqs. - 23 Harmony and Ziegler Improvements DIVISION 2 - SITEWORK SECTION 02810 IRRIGATION PART1-GENERAL 1.01 RELATED DOCUMENTS May 14, 2007 Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of work specifically included are: A. Procurement of all applicable licenses, permits, and fees including payment of all development, plant investment, or any other fees and permits associated with the purchase and installation of the tap. B. Coordination of Utility Locates ("Call Before You Dig"). C. Excavation, installation, and backfill of tap into municipal water line. D. Excavation, installation, and backfill of water meter and vault. E. Verification of existing static pressure. F. Maintenance period. G. Sleeving for irrigation pipe. 1.02 WORK NOT INCLUDED Items of work specifically excluded or covered under other sections are: A. Provision and connection of electrical power supply to the irrigation control system. 1.03 RELATED WORK A. Division 2 - Site Work: 1. Section 02920 - Fine Grading and Soil Preparation. 2. Section 02931 - Seeding. 3. Section 02950 - Trees, Plants and Ground Cover. 1.04 SUBMITTALS A. Deliver four (4) copies of all required submittals to the Owner's Representative within 15 days from the date of Notice to Proceed. B. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. C. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. Irrigation Specs - 1 Harmony and Ziegler Improvements May 14, 2007 D. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. E. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period (refer to specification section 3.11 for specific requirements). 1.05 RULES AND REGULATIONS A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. 1.06 TESTING A. Notify the Owner's Representative three days in advance of testing. B. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owner's Representative. D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. E. Hydrostatic Pressure Test: 1. Subject mainline pipe to a hydrostatic pressure of 150 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 2. Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. 3. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1. Activate each remote control valve in sequence from controller. The Owner's Representative will visually observe operation, water application patterns, and leakage. 2. Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 3. Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4. Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5. Repeat test(s) until each lateral passes all tests. 1.07 CONSTRUCTION REVIEW Irrigation Specs - 2 Harmony and Ziegler Improvements May 14, 2007 The purpose of on -site reviews by the Owner's Representative is to periodically observe the work in progress and the Contractor's interpretation of the construction documents and to address questions with regards to the installation. A. Scheduled reviews such as those for irrigation system layout or testing should be scheduled with the Owner's Representative as required by these specifications. B. Impromptu reviews may occur at any time during the project. C. Final review will occur at the completion of the irrigation system installation and Record (As -Built) Drawing submittal. 1.08 GUARANTEE / WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. For a period of one year from commencement of the formal maintenance period, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Owner's Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. END OF SECTION Irrigation Specs - 3 Harmony and Ziegler Improvements PART 2 - MATERIALS 2.01 QUALITY May 14, 2007 Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind. 2.02 SUBSTITUTIONS Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.03 IRRIGATION TAP AND WATER METER A. Provide materials required by local codes for installation of the municipal water tap and associated piping. B. Provide materials required by local code for installation of the water meter and vault and associated piping. 2.04 SLEEVING A. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints. B. Sleeving diameter: equal to twice that of the pipe or wiring bundle. 2.05 PIPE AND FITTINGS A. Mainline Pine and Fittings: 1. Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end. 2. Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. 3. Use solvent weld pipe for mainline pipe with a nominal diameter less than 3-inches or where a pipe connection occurs in a sleeve. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D 1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Lateral Pine and Fittines: For drip irrigation laterals downstream of zone control valves, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe. Use PVC/compression line fittings compatible with the drip lateral pipe. Use tubing stakes to hold above -ground pipe in place. C. Specialized Pipe and Fittings: 1. Copper pipe: Use Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. 2. Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). 3. Assemblies calling for pre -fabricated double swing joints shall utilize LASCO Unitized swing joints or Irrigation Specs - 4 Harmony and Ziegler Improvements May 14, 2007 approved equal. Swing joints shall berated at 315 psi, and use 0-ring and street elbow construction. 4. Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 80 threaded fittings. 5. Joint sealant: Use only Teflon -type tape pipe joint sealant on plastic threads. Use nonhardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. 2.06 MAINLINE COMPONENTS A. Main System Shutoff Valve: As per local practice and in compliance with local code. B. Winterization Assembly: As per local practice and in compliance with local code. C. Backflow Prevention Assembly: As presented in the installation details. D. Quick Coupling Valve Assembbl: Double swing joint arrangement as presented in the installation details. 2.07 DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black letters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. B. Drip Emitter Assembly: 1. Barb -mounted, pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird XB-20. 2. Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. c. Tree: 8 single outlet emitters each. Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. Secure emitter outlet tubing with tubing stakes. C. Flush Cap Assembly: as presented in the installation details. Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. 2.08 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1. Rain Bird UNIK Battery -operated controller with one (1) field transmitter for the project, and one 1) control module for each remote control valve on the project. 2.09 OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other items, and spare parts indicated in the General Notes of the drawings. END OF SECTION Irrigation Specs - 5 Harmony and Ziegler Improvements PART 3-EXECUTION 3.01 INSPECTIONS AND REVIEWS A. Site Inspections: May 14, 2007 I . Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owner's Representative prior to beginning work. 2. Beginning work of this section implies acceptance of existing conditions. 3. Contractor will be held responsible for coordination between landscape and irrigation system installation. 4. Landscape material locations shown on the Landscape Plan shall take precedence over the irrigation system equipment locations. If irrigation equipment is installed in conflict with the landscape material locations shown on the Landscape Plan, the Contractor will be required to relocate the irrigation equipment, as necessary, at Contractor's expense. B. Utility Locates ("Call Before You Dig"): 1. Arrange for and coordinate with local authorities the location of all underground utilities. 2. Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irrigation System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owner's Representative two days in advance of review. Modifications will be identified by the Owner's Representative at this review. 3.02 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: pipe, control valves, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.03 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover (distance from top of pipe or control wire to finish grade): 1. 18-inch over mainline pipe. 2. 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system zone control valves. 3. PVC UV radiation resistant lateral pipe shall be installed directly on the soil surface. C. Backfill only after lines have been reviewed and tested. D. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. Stones larger than 1-inch maximum dimension are not permitted in first (deepest) 6-inches of backfill. E. Backfill unsleeved pipe in either of the following manners: Irrigation Specs - 6 Harmony and Ziegler Improvements May 14, 2007 1. Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2. Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6-inch layers and compacting to the density of surrounding soil. Enclose pipe beneath roadways, walks, curbs, etc. in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698-78. Conduct one compaction test for each sleeved crossing less than 50 feet long. Conduct two compaction tests for each sleeved crossing greater than 50 feet long. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction around sleeves, "puddling", will not be permitted. G. Dress backfilled areas to original grade. Dispose of excess backfill off site. H. Where utilities conflict with irrigation trenching and pipe work, contact the Owner's Representative for trench depth adjustments. 3.04 IRRIGATION TAP AND WATER METER A. Install the municipal water tap and associated piping materials in conformance with local regulations. B. Install the water meter and vault and associated piping in conformance with local regulations. 3.05 SLEEVING AND BORING A. Install sleeving at a depth which permits the encased pipe to remain at the specified burial depth. B. Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. Mark concrete with a chiseled "x" at sleeve end locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.06 ASSEMBLING PIPE AND FITTINGS A. General: 1. Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. c. Snake pipe from side to side within the trench. 3. Fittings: The use of cross type fittings is not permitted. 4. UV Radiation Resistant Polyethylene Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Snake pipe from side to side within the trench, on the soil surface, and hold in place with tubing stakes spaced every five feet. 5. Fittings: The use of cross type fittings is not permitted. Irrigation Specs - 7 Harmony and Ziegler Improvements C. Specialized Pipe and Fittings: May 14, 2007 1. Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2. Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3. Pre -fabricated double swing joints: Install per manufacturer's recommendations. 4. Low Density Polyethylene Hose: Install per manufacturer's recommendations. 5. PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. c. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 6. Make metal -to -metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. 3.07 INSTALLATION OF MAINLINE COMPONENTS A. Main System Shut Off Valve: Install where indicated on the drawings. B. Winterization Assembly: Install where indicated on the drawings. C. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so that its elevation, orientation, access, and drainage conform to the manufacturer's recommendations and applicable health codes. D. Quick Coupling Valve Assembly: Install where indicated on the drawings. 3.08 INSTALLATION OF DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: 1. Flush mainline pipe before installing RCV assembly. 2. Locate as shown on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Connectors and sealant shall be installed as per the manufacturer's recommendations. 3. Install only one RCV to valve box. Locate at least 12-inches from and align with nearby walls or edges of paved areas. B. Drip Emitter Assembly: 1. Locate as shown on the drawings and installation details. 2. Flush lateral pipe before installing emitter assembly. 3. Cut emitter outlet distribution tubing square. 4. Use tools and techniques recommended by the manufacturer. C. Flush Cap Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. 3.09 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: Irrigation Specs - 8 Harmony and Ziegler Improvements May 14, 2007 Install battery -operated controller on underside of each remote control valve box cover with velcro strapping. Make wiring connection per manufacturer's recommendation. 3.10 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: 1. Prior to the Pre -Maintenance Review, supply to the Owner operating keys, servicing tools, test equipment, and any other items indicated on the drawings. 2. Prior to Final Review, supply to the Owner the spare parts indicated in the General Notes on the drawings. Other Materials: Install other materials or equipment shown on the drawings or installation details to be part of the irrigation system, even though such items may not have been referenced in these specifications. 3.11 PROJECT RECORD (AS -BUILT) DRAWINGS A. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. B. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backflow prevention device, each sleeve end, and other irrigation components enclosed within a valve box. C. Prior to Final Review, purchase from the Owner's Representative a reproducible mylar copy of the drawings. Using technical drafting pen, duplicate information contained on the project drawings maintained on site. Label each sheet "Record Drawing". Completion of the Record Drawings will be a prerequisite for the Final Review. 3.12 MAINTENANCE A. Upon completion of Final Review, maintain irrigation system for a duration of 2 years. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. B. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism, and for preventing damage during the landscape maintenance operation. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. END OF SECTION Irrigation Specs - 9 Construction Document Ordering Instructions (Download a complete P1anWell 4.0 Ordering Guide from www.planwell.com) 1 2 3 0 GO TO: www.mercury-ldo.com SELECT: Denver Links: "Plan Well" SELECT: Public Planroom:."GO" Mercury(l.[i0 Colorado W boorowaohors harm] _ at .,:dfr '.. i Ra rcu oAW nR �x Y^SP,rs¢a U't�f}'f SELECT: the desired "Project Number" from the list a� e PlanWell" Digital Document Management & distribution a i User Name P�FRf .c,"r<sie=t :3r hUr4�g6@: m'. Password ANa Login negueeC fmmtit vrgr uaacwwh '. Nr.?aaretnhur yet? 07/2001 Section 00020 Paqe 3 Harmony and Ziegler Improvements May 14, 2007 DIVISION 2 SITEWORK SECTION 2900 LANDSCAPE PLANTING PART1-GENERAL 1.01 RELATED DOCUMENTS The general provisions of the contract, including General and Supplementary Conditions and Division 1, General Requirements, apply to the work specified in this Section. 1.02 DESCRIPTION OF WORK A. Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to complete installation of the planting and guarantee as shown on the drawings and as specified herein. The work shall include, but not be limited to the following: 1. Procurement of all applicable licenses, permits, and fees. 2. Determination of utility locations prior to construction. 3. Site inspection. 4. Planting of trees, shrubs, perennials, and turf installation. 5. Soil Preparation and Fine Grading. 6. Staking and guying of trees. 7. Mulching of all trees and shrubs. 8. Cleanup, inspection, and approval. 9. Guarantee of all plantings. 10. Maintenance. 11. All work of every description mentioned in the Drawings and Specifications and/or Addenda thereto. B. Related Work Specified Under Other Sections: Consult all other Sections, determine the extent and character of related work, and properly coordinate work specified herein with that specified elsewhere to produce a finished, workmanlike installation. 1.03 PROTECTION OF EXISTING FEATURES A. Protect all existing site development including, but not limited to, existing buildings, equipment, underground utilities, walls, walks, roads, materials, trees, etc. Any existing site development damaged by willful or negligent acts of the Contractor, Sub -Contractor or any of the employees shall be replaced or repaired at no cost to the Owner and in a manner satisfactory to the Owner's Representative before project acceptance is given. B. The above provision applies to on -site damage as well as to that which may occur to adjacent properties. C. Until the project has been accepted, erect and maintain shoring, barricades, guards, warning lights and lights as necessary or required for the protection of the public, the work and the workers. 1.04 SUBMITTALS A. Submit duplicate samples and manufacturer's guaranteed analysis of the following items and such other materials as may be required by the Owner's Representative and obtain written approval there of before Planting Specs - 1 Harmony and Ziegler Improvements May 14, 2007 beginning fabrication or delivery of material to the project site. Finished work shall match approved samples. a. Soil amendments and mulch materials. b. Tree ties and guying materials. c. Fertilizers 1.05 ANALYTICAL TESTS Submit 2 copies of an analytical test, performed by certified soil laboratory, demonstrating compliance with these specifications for the composted manure and peat moss. 1.06 INSPECTIONS A. Pre -Planting Inspection: 1. All plant materials must be inspected at the place of growth and/or on the project site before planting commences. Plants shall be inspected for size, variety, condition, defects or injury. The Owner's Representative reserves the right to reject unsatisfactory plant material at any time during the work. 2. Notify the Owner's Representative of the source of material no later than 30 days after award of the contract. 3. All fertilizers, pre -mixed backfill mixes, mulches and soil amendments will be inspected at the site by the Owner's Representative before they are used in planting operations. B. Planting Inspections: Owner's Representative shall inspect the staked location of all trees prior to the planting of those trees. Owner's Representative shall inspect container stock with said plants set on the ground at the proposed locations before digging commences. C. Pre -Maintenance Inspection: 1. As soon as all planting is completed, the Owner's Representative upon request of the Contractor will hold a planting review and preliminary inspection to determine the condition of the plantings. 2. The Contractor shall have all planting areas free of weeds and neatly cultivated. Irrigation systems shall be fully operational with all heads properly adjusted. All debris and litter shall be cleaned up and walkways, curbs and roads shall be cleared of all soil and debris. The inspection shall not occur until these conditions are met. 3. If, after the inspection, the Owner's Representative is of the opinion that all work has been performed as per the contract documents, and that all plant materials are in satisfactory growing condition, he will give the Contractor written notice of acceptance. 4. Work requiring corrective action in the judgment of the Owner's Representative shall be performed within ten (10) days. Corrective work and materials replacement shall be in accordance with the contract documents, and shall be made by the Contractor at no cost to the Owner. D. Final Inspection: I. At the completion of the two growing season maintenance period, the final inspection shall be performed. 2. If, after the inspection, the Owner's Representative is of the opinion that all work has been performed as per the contract documents, and that all plant materials are in satisfactory growing condition, he will give the Contractor written notice of acceptance and completion of the formal maintenance period. 3. Final approval will not be given until all deficiencies are corrected. Planting Specs - 2 Harmony and Ziegler Improvements 1.07 GUARANTEE May 14, 2007 A. Guarantee trees, shrubs, ground covers and other plant material to root, thrive and be free from defects from any cause for two years of acceptance from the final acceptance by the owner. B. Any trees or other plant materials that die back and lose the form and size originally specified shall be replaced, even though they have taken root and are growing after the dieback. Within 15 days of written notification by the Owner, remove and replace all guaranteed plant materials which, for any reason, fail to meet requirement of guarantee. Replacement planting for trees shall be done in the spring planting season only, except as approved otherwise. Replacements shall be made to same specifications required for original materials and shall cant' the same guaranty from the time they are replaced. D. Plants shall be planted only when weather and soil conditions permit and in accordance with locally accepted practices, and as approved by the owner's representative. E. Trees shall be planted in same growing season as they were dug. END OF SECTION Planting Specs - 3 Harmony and Ziegler Improvements PART2-PRODUCTS 2.01 TREES, SHRUBS, AND GROUND COVERS May 14, 2007 A. Quantities: Plant material shall be furnished in quantities required to complete work as indicated on the Drawings and shall be of species, kinds, sizes, etc., specified. B. Nomenclatures: Plant names listed on Drawings conform to standardized plant names established by the American Joint Committee on Horticulture Nomenclature, except that for names not covered therein, the established custom of the nursery trade is followed. C. Quality: Plants shall be symmetrical and typical for species and variety. Plants shall be sound, healthy, vigorous, free from disease and insect pests or their eggs. All plant material shall conform to the requirements of the Colorado Nursery Act of 1965, Title 35, Article 26, CRS 1973. D. Digging, wrapping, and handling: Plants shall be dug and prepared for shipment in a manner that will not cause damage to branches, shape and future development after planting. E. Balled and burlapped plants: Shall be nursery grown stock adequately balled with firm, natural balls of soil in sizes and ratios conforming to the Colorado Nursery Act as cited above. Balls shall be firmly wrapped with non -treated burlap, secured with wire or jute. Broken balls will not be accepted. Ponderosa Pine may be field collected with root ball sizes in conformance with the Colorado Nursery Act as cited above. Container grown plants: Shall have been nursery grown in containers and shall have sufficient roots to hold the entire soil mass together after container removal without being root -bound. G. Options as to method: If all other requirements are met, a balled and burlapped plant may be substituted for a container grown plant. H. Plant protection: Plants shall be handled so that roots are adequately protected at all times from drying out and from other injury. Protect balls of balled plants, which cannot be planted within 24 hours from delivery, with soil or other suitable material. Where possible, store plants in the shade. Keep all plant roots moist before, during, and after planning. I. Pruning: Trees shall not be pruned, except by City Forestry staff. Dead and broken shoots should be pruned out of woody shrub material. J. Substitutions: Will be allowed only when specified material is proved unavailable and only with approval of the Owner's Representative. Proposals will be considered for use of nearest equivalent size and variety with the equitable adjustment to the Contract price. K. Trees dug and held over from a previous growing season will not be accepted for use. 2.02 SOIL AMENDMENTS/FERTILIZERS/MULCHES A. Topsoil: imported and on site topsoil (located in stockpile on site) for use in backfill mix. Topsoil to be a mix of 60% topsoil and 40% organic material mixed well prior to being placed in median. Topsoil shall be free of all foreign material and screened and ground to eliminate clumps larger than 1" in diameter. Submit sample for approval to the City of Fort Collins Forestry Representative. B. Composted Manure: Composted dairy cow or sheep manure: Free from lumps, stones, or other foreign matter. Free from mineral matter or chemical composition harmful to plant life. Manure that has received treatment with a bacterial enzyme culture raising the manure temperature to 145 degrees minimum for 3 weeks minimum, aged at least 18 months, yielding a soil amendment with the following properties: Planting Specs - 4 Harmony and Ziegler Improvements May 14, 2007 Organic Matter: 35 - 40% (oven -dry basis) Total Nitrogen: 1.6 - 2.0% Conductivity: 50.0 EC's (max) pH: 7.5 to 8.5 Submit analysis as required by 1.04 C. Peat Moss for annuals and perennials: Free from lumps, stones or other foreign matter. Free from mineral matter or chemical composition harmful to plant life. Acid reaction of 3 to 5 pH. Shall contain no less than 60% organic matter by weight on an oven -dry basis. Submit analysis as required by 1.04. D. Fertilizers: Tablets for tree and shrub planting - "The Pill" by Agriform with 20-10-5 analysis, 21 gram size, Osmocote Sierrablend, 9 month slow release or industry equivalent. Fertilizers for grass, shrub and tree planting shall be commercial type of uniform composition, free flowing, and conforming to the applicable State and Federal laws. Submit manufacturers guaranteed analysis as required in 1.03. Guaranteed analysis shall be designed to conform with amendment requirements given in Part 3, "Execution." E. Mulch: Bark Mulch: Cedar mulch must be approved by City Parks Division prior to installation. 2.03 SOD A. Sod: American Sod Producers Association (ASPA) Certified Field Grown grade; Cultivated grass sod; not less than three improved Kentucky Bluegrass varieties; with strong fibrous root system, free of stones, burned or bare spots; containing no more than 5 weeds per 1000 square feet. Minimum age of 12 months, with root development that will support its own weight without tearing, when suspended vertically by holding the upper two corners. Sod Producer: Company specializing in sod production and harvesting with minimum five years experience, and certified by the State of Colorado. C. Certification: Submit sod certification for grass species and location of sod source. 2.04 MATERIALS FOR STAKING AND GUYING A. Stakes: Metal T-posts painted dark green or black. Ties: Fabric: Nylon canvas or rubberized cloth straps, 2" x length required. END OF SECTION Planting Specs - 5 Harmony and Ziegler Improvements PART 3 - EXECUTION 3.01 GENERAL May 14, 2007 A. Inspection: Examine the substrate in which the work is to be performed. Do not proceed until unsatisfactory conditions have been corrected. B. Dimensions: All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and quantities and immediately inform the Owner's Representative of any discrepancy between the drawings and/or specifications and actual conditions. C. Coordination: Coordinate work with other trades to insure proper sequencing of construction. 3.02 SOIL PREPARATION A. Grades have been established under work of another Section to within 1" plus or minus of required finished grade s. Verify that grades are within 1" plus or minus, of required finished grades. Notify the Owner's Representative prior to commencing soil preparation work if existing grades are not satisfactory, or assume responsibility for conditions as they exist. B. Weed and debris removal: All ground areas to be planted shall be cleaned of all weeds and debris prior to any soil preparation or grading work. Weeds and debris shall be disposed of off the site. C. Contaminated soil: Do not perform any soil preparation work in areas where soil is contaminated with cement, plaster, paint or other construction debris. Bring such areas to the attention of the Owner's Representative and do not proceed until the contaminated soil is removed and replaced. Soil contaminated by chemical herbicides in any planting areas shall be removed to a depth of 12" and replaced with clean herbicide -free topsoil. D. Moisture Content: Soil shall not be worked when moisture content is so great that excessive compaction will occur, nor when it is so dry that excessive dust will form in the air or that clods will not break readily. Water shall be applied, if necessary, to bring soil to an optimum moisture content for tilling and planting. 3.03 SOIL CONDITIONING Median areas shall be excavated below the base of the splash block 18" and then filled with the specified mix. The subgrade will be scarified to a 6" depth parallel to the way the median runs, to allow for drainage and root movement. The specified topsoil and compost mix shall be thoroughly mixed prior to placement and filled to within 1 1/2" of the top edge of the splash block. The soil in the medians shall be graded to a level surface. 3.04 FINE GRADING When weeding, soil preparation, and soil conditioning have been completed and soil has been thoroughly water settled, all planting areas should be smooth -graded, ready for placement of plant materials. A. Grades: Finish grades shall conform to site grading plans and produce a smooth even surface without abrupt changes. Minor adjustments of finish grades shall be made at the direction of the Owner's Representative, if required. B. Drainage: All grades shall provide for natural runoff of water without low spots or pockets. Flow -line grades shall be accurately set and shall not be less than 2% gradient wherever possible. C. Shrub Areas: Finished grades shall be 1-1/2" below top of adjacent pavement, edging, curbs, or wall, unless otherwise indicated on the Drawings. D. Slopes: Tops and toes of all slopes shall be rounded to produce a gradual and natural -appearing transition between relatively level areas and slopes. Planting Specs - 6 Harmony and Ziegler Improvements May 14, 2007 3.05 GROUND COVER, ANNUAL AND PERENNIAL BEDS Excavate areas to be planted with material smaller than 1-gallon size to a depth of six (6") inches and backfill with the following mix. 80% on -site topsoil by volume (from Owner's stockpile). 20% peat moss by volume. Five (5) pounds bone meal per cubic yard of backfill. The specified backfill materials shall be pre- mixed, then turned several times with a front end loader to a uniform, evenly blended consistency, free of all pockets of unblended material and any clods or stones greater than one (I") inch in diameter. Backfill mix has occurred. Pre -mixed back -fill mix shall be inspected per 1.06A, "Pre -Planting Inspections." 3.06 SHRUB AND TREE PLANTING A. Planting Pits: 1. Locate planting holes per planting plans bringing any conflict with underground utility lines to the attention of the Owner's Representative. Locations for holes shall be according to 1.06B, "Planting Inspections." 2. Excavate holes to be the same depth as the root ball and two times the diameter of the root ball wide. 3. The sides of the holes shall be roughened to remove any compacting or "glazing" caused by the digging operation. The bottom of the hole shall be loosened to a minimum depth of six (6") inches. Mix loosened soil with specified backfill to blend soil types. 4. Fill the entire hole with water and allow to drain completely. Contractor should notify Landscape Architect if a pit does not drain in a satisfactory time, then contractor should correct drainage problem by using a PVC drain or a gravel sump shall be installed. 5. Dispose of excavated soil off the site at no cost to the Owner. B. Backfilling - Tree and shrub planting pits shall be backfilled with the following mix: 1. 100% on -site topsoil by volume (from Owner's stockpile). For topsoil see 2.02A. C. Planting 1. General - Do not install plant materials until all construction work has been completed and sprinkler systems have been installed and tested. Planting areas shall have been graded and prepared as herein specified and shall have been approved by the Landscape Architect. 2. Carefully remove stock from containers to avoid breaking the root ball. Do not lift or handle container plants by tops, stems, or trunks at any time. 3. Fertilize trees and shrubs by placing 21 gram fertilizer tablets three (3") inches laterally and three (3") inches top of root ball as follows: 1 for 1-gallon containers, 3 for 5-gallon containers and 5 for balled and burlapped material. 4. Remove wire baskets from root balls. Untie and lay back burlap from root ball on balled and burlapped material. 5. Backfill entire hole with backfill mixture to grade and water thoroughly to eliminate all air pockets without packing the soil. Allow soil to settle from watering. Add backfill mixture as required. 6. All plants shall be planted immediately after the containers are cut, and containers shall be regularly removed from the site so as not to present a hazard to persons using the area. 7. Flatgrown plant material - Install plants at spacing indicated on the drawings. Plant in staggered rows, evenly spaced. Dig holes large enough to allow for spreading of roots. Place plants to root system Planting Specs - 7 Harmony and Ziegler Improvements May 14, 2007 lies free without doubling. Firm soil around roots to eliminate air pockets. Broadcast controlled release fertilizer over the entire planting area at the rate of 20 pounds per 1000 square feet of area. 3.07 MULCHING A. All planting beds shall be mulched with a four (4") inch layer of cedar mulch. 3.08 TREE STAKING AND GUYING A. Double stake all trees up to and including 2-1/2" caliper. Set stakes plumb and at right angles to the prevailing wind. Securely nail or bolt rubber straps to stakes: leave straps loose enough to allow a minimum of 3" lateral movement. 3.09 TWO GROWING SEASON MAINTENANCE PERIOD A. Continuously maintain all plantings in areas included in the Contract from the beginning of Contract work, during the progress of work, and for two (2) full growing seasons after completion of all work until final acceptance of all Contract work by the Owner. B. Scope: 1. New plantings. 2. Existing plantings within the construction area. 3. Continuous operations of watering, weeding, cultivating, mowing, trimming, edging, rolling, fertilizing, spraying, insect, pest, fungus, and rodent control, and any other operations to assure good normal health. a. Weed Control: i) Apply appropriate herbicide(s) in accordance with manufacturer's suggested retail rate(s) to control weeds. Herbicide application must comply with all requirements herbicide/pesticide applicators license, including suitable warning/signing following application. Herbicide applications and chemicals to be used will be approved by the City Forester. Extreme caution must be used when applying herbicides near any tree, shrub or groundcover. b. Disease and Insect Control: Apply fungicides and insecticides as required to control diseases and insects. A licensed applicator must perform this work in accordance with state law requirements. C. Watering: Contractor shall be responsible for watering of landscape areas to insure performance under this Section. Apply the amount of water necessary to maintain plants in a healthy condition until the end of the one year warranty period. d. Protection: i) Provide sufficient barriers and signage notifying the public to keep off newly planted areas. ii) Work under this Section shall include complete responsibility for maintaining adequate protection for all areas. Any damaged areas shall be repaired at no additional expense to the Owner. 4. Mow grass in sodded areas to maintain 2-to 3-inch height until final acceptance of project and turnover to City. 5. Apply custom blend of fertilizer in split applications in early fall and late spring. Two-thirds of the nitrogen should be applied in the fall and one-third in the spring. 6. Planting Bed and Mulch Surface Maintenance Requirements a. Mulch all tree plantings four inches deep with cedar mulch, unless otherwise indicated on the Drawings b. Remove all weed growth on a monthly basis, including those growing in cracks and curbs. 6. Maintenance for Trees and Shrubs Planting Specs - 8 Harmony and Ziegler Improvements May 14, 2007 a. Water all trees and shrubs to insure optimal growth and establishment during the two growing season maintenance period as required by this Section. New trees should receive two inches per week of irrigation during the first growing season applied over the root system. Normal turf irrigation is generally adequate (one inch per week) for the second growing season. Irrigation rates should be adequate for new trees' establishment even when that is greater than water demand for turf. It is the contractor's duty to determine and supply the water needs of trees and shrubs. b. Inspect new plantings on a regular basis. c. Remove tree wrap the next spring season after planting. d. Re -mulch trees on an annual basis to maintain a four -inch deep mulch cover. Maintain tree rings in turf zones as weed free. C. Insect and disease levels shall be monitored and control measured implemented when necessary following IPM practices. Check with Assistant City Forester prior to implementing any control measures. f. Remove all tree stakes and guy wires from trees one year after conditional acceptance. g. Fertilizing: In addition to fertilizing of trees, shrubs, ground covers, and lawns herein specified, furnish and apply any additional fertilizers necessary to maintain plantings in a healthy, green, vigorous growing condition during the maintenance period. Do not over apply fertilizer. Inspection: a. The Contractor shall notify the Owner's Representative prior to fertilizing, and spraying operations. b. The Owner's Representative shall perform periodic inspections during the growing season of the site with the Contractor to determine that maintenance is sufficient to insure a healthy condition of the landscape work. A final inspection will be held at the end of the two growing season maintenance period. C. The Landscape Contractor shall be available to meet on site with the Owner's Representative at any time within 24 hours notice during the construction, establishment, or maintenance period. d. Replacements: Immediately replace any plant materials that die or are damaged. Lawns that do not grow shall be resodded. Replacements shall be made to the Specifications as required for original plantings. 3.10 CLEAN UP A. Remove all cans, surplus materials, and other debris from site. Neatly dress and finish all planting areas. Flush walks, paved areas, and the like, clean to the satisfaction of the Owner's Representative. B. Rinse foliage of all plant materials within the construction area as often as necessary to keep the foliage free from dust generated by the work of this contract. END OF SECTION Planting Specs - 9 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 Harmony and Ziegler Improvements — Front Range Village Development (2007) 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, Latimer County Urban Area Street Standards, the Fort Collins — Loveland Water District and South Fort Collins Sanitation District Standards, 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 3 202 REMOVALS...............................................................................................................Technical Specs 4-5 203 EXCAVATION AND EMBANKMENT...................................................................Technical Specs 6-8 206 EXCAVATION AND BACKFILL FOR STRUCTURES.................................Technical Specs 9-10 208 EROSION CONTROL..............................................................................................Technical Specs 11 210 RESET STRUCTURES..............................................................................................Technical Specs 12 - 13 304 AGGREGATE BASE COURSE................................................................................Technical Specs 14 306 RECONDITIONING..................................................................................................Technical Specs 15 307 FLY ASH SUBGRADE STABILIZATION...............................................................Technical Specs 16 - 19 401 PLANT MIX PAVEMENTS - GENERAL................................................................Technical Specs 20 - 25 403 HOT BITUMINOUS PAVEMENT...........................................................................Technical Specs 26 — 29 412 PORTLAND CEMENT CONCRETE PAVEMENT.......................................Technical Specs 30 - 31 506 RIPRAP.....................................................................................................................Technical Specs 32 — 33 610 STRUCTURAL CONCRETE.................................................................Technical Specs 34 603 CULVERTS AND SEWERS.....................................................................................Technical Specs 35 604 MANHOLES, INLETS AND METER VAULTS......................................................Technical Specs 36 Technical Specs - 1 5. CLICK: "Most Current Set" to View the list documents available for the pro' 3rder items by clicking the $trart icon: Start My Order F_Q_j'k_j,st currentt Sot 'P8t41 Most Current Set As of 12/12/2005 14 44 00Mountain I '(Issue Set 5 DaP.evision 1 ,.��i .. GaPevision 2 $ �dA=1 3�i Issue Set 7/29/2002 Architectural 24X36 LBW ' Issue Set 7J24J2002 Architectural 24X36 LEW - g Revision 2 2Y0/2004 Architectural 24X36 LB'•N A=4 d Issue Set 729 2002 Architectural 24X36 LBW - to a ['A_5 Revisor, 1 11/12/2003 Architectural 24X36 LBW11 of 6. CLICK: Sheet No. to view\ 7. CLICK: 91, to add a specific document t your "Shopping Cart" 8. CLICK: start My order 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. 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CLICK: SUBMIT Planwell contacts: Marie Owens 970-484-1201, mowens@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. 07/2001 Section 00020 PaaP 4 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 608 SIDEWALKS AND DECORATIVE CROSSWALKS ..............................................Technical Specs 37 — 38 609 CURB AND GUTTER...............................................................................................Technical Specs 39 619 WATER LINES.........................................................................................................Technical Specs 40 630 TRAFFIC CONTROL DEVICES (Contractor Supplied)........................................Technical Specs 40 - 44 Technical Specs - 2 Harmony and Ziegler Improvements - Front Range Village Development (2007) Date: May 14, 2007 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: 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 shalt 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 Technical Specs - 3 Harmony and Ziegler Improvements- Front Range Village Development (2007) Date: May 14, 2007 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: The Contractor shall remove and dispose of all concrete sidewalk, curb and gutter, crosspans, driveways, inlets, irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other 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: Remove Pipe (RCP, CMP, PVC) - The Contractor shall remove all (clay tile, concrete, PVC, ductile, corrugated metal, steel) pipes according to the construction drawings or as directed by the Engineer. All trenches will be backfilled to City of Fort Collins specifications to 95% compaction. All areas must be graded according to Engineers direction and all pipe removed is to be the property of the Contractor. Remove Existing FES - The Contractor shall remove the flared end sections and have the City representative determine if they can be re -used. If the flared end sections are in determined to be in good conditions, then the Contractor will be responsible for storing and placing this item. If the flared end sections have been determined to be unacceptable, then it becomes the property of the Contractor. All labor, equipment, and materials necessary to perform this work, will be paid for under this item. Remove Concrete Irrigation Structure - The contractor will remove the existing irrigation structure as shown on the plans. All labor, materials, equipment, disposal cost and cost to plug the existing pipe must be included in this unit price. Remove Concrete Channel - Contractor will be required to remove and dispose of all materials. The unit price must include all equipment, labor and materials necessary to complete this work. Profile Mill Asphalt Pavement (Ziegler Road) - The Contractor must provide: pick-up broom, labor, small front end loader (skip tractor), superintendent, and TCS. Prior to the rotomill operations, the Contractor will be required to spot check elevations with a string line or transit. The material will be the property of the Contractor and will be hauled offsite. This item will be paid for by the square yard (SY). Remove Leech Field and Sceptic Tank - The Contractor will be responsible for removing the leech field and sceptic tank at the Young Property. This work will consist of removeing the tank and leechfield and disposing them. system The unit price must include all equipment, labor and materials necessary to complete this work. Remove Gate - The Contractor will be responsible for removing the Gates along Harmony Road and disposing the material offsite. The unit price must include all equipment, labor and materials necessary to complete this work. The Contractor Shall remove and dispose of all concrete sidewalk, curb and gutter, cross pans, driveways, inlets, irrigation structures, pipe, structures, asphalt, fence, trees, retaining walls and any other 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. 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 b y the Engineer will be the responsibility of the Contractor and will not be paid for under this section. Disposal Site - Materials designated for removal shall become property of the Contractor, unless noted in the Technical Specs - 4 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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 202.12 is revised to include the following: 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. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 202-01 Remove Curb and Gutter— (LF) 202-02 Remove Concrete Sidewalk — (SF) 202-03 Remove Asphalt — Full Depth (4" — 8") — (EA) 202-04 Profile Mill Asphalt Pavement — (SY) 202-05 Remove Tree 48"+ Diameter — (EA) 202-06 Remove Tree 24" — Diameter — (EA) 202-07 Remove Pipe (RCP, CMP, PVC) — (LF) 202-08 Remove Inlet — (EA) 202-09 Remove Existing FES — (EA) 202-10 Remove Concrete Channel — (LF) 202-11 Remove Leech Field and Sceptic Tank — (LS) 202-12 Remove Area Inlet— (EA) 202-13 Remove Irrigationo Structure — (EA) 202-14 Remove Existing Hydrant— (EA) 202-15 Remove Headwall — (EA) 202-16 Remove Gate — (EA) 202-17 Remove Retaining Wall — (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 removals and rotomilling, including excavation, backfrll, 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 Technical Specs - 5 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: 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 use of scrapers will not be permitted to compact the material. A disk with 4 wheel drive tractor 815 CAT or equal will be required to do this work. The embankment quantity was not adjusted to allow for shrinkage during compaction. This item will be measured from the plans and cross sections and will be paid for by the cubic yard. This item will be paid according to plan quantity. Borrow - ABC (Class 5 or 6) - (Complete in Place) - This shall include supplying, placing, and compacting aggregate base course 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 and may be used under sidewalks. Muck Excavation (Complete in Place) - This shall include excavation of unsuitable material, supplying and placing Class I or 2 Structural Backfill, Pit Run or an approved fill, re -compacting material to finish grade, and haul and disposal of unsuitable material. NOTE. Muck -excavation of material from rain or weather damage or dewatering pump failure will not bepaid 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. Topsoil - (Stripping, Stockpiling, Placing) 6" Depth — 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, and other designated areas. This item shall be paid according to plan quantity. Median Splashblock/Hardscape Shaping (Complete in Place) — The areas in the medians beneath the exposed aggregate concrete shall be backfilled with suitable onsite material approved by the Engineer. These areas shall be backfilled in lifts not to exceed six inches (6") and compacted with a plate compactor or as directed by the Engineer. This item will not be paid for as Embankment. This item will be measured in the field and will be paid for by the square foot. 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. Flowfill Section Over Shallow Utilities — This work shall consist of the removal of soil above an existing utility, after subgrade elevation has been achieved, one foot (1') deep and three feet (3') wide. This excavated area that can not be treated with flyash, will be filled with flowable fill to the top of subgade to protect the existing utility. All related work, material and equipment will not be measured and paid for separately, but shall be included in the work. This work shall be measured and paid for by the linear foot. Flowable Fill — shall be a Portland Cement Concrete Mix. The cement shall conform to the Standard Specifications for Portland Cement, ASTM C 150-85, Type I/II. The minimum 24-hour strength shall be 10-psi and the maximum 28 day Technical Specs - 6 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 strength, 60 psi. The maximum aggregate size shall be one inch (1"). The minimum slump shall be six inches (6") and the maximum, eight inches (8"). The non -shrink backfill shall be consolidated with a mechanical vibrator. Payment of using flow fill will be paid for by the cubic yard and only when used as required by the Engineer. Import Screened Topsoil (6") — Parkway Areas — This shall include supplying, hauling, placing, and grading screened topsoil between the new curb and gutter and sidewalk, and/or as directed by the Engineer of this project. This material shall be placed and graded on the surface for the future seeding and landscaping (by others). This item will be measured in the field and paid for by the cubic yard. This item will not be paid for as Embankment. These items will not be paid separately under items in section 202, 210, 603, or 604. Embankment and sub -grade 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. 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, recompacting 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. 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 Aggregate Base Coarse shall be 0.11 After specified compaction has been obtained, the sub -grade 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 sub -grade after pumping and rebounding shall be ripped, scarified, wetted or dried if necessary, and re -compacted 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 backfrll to the finished grade with approved material. The completed sub -grade 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 re -grading 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 sub -grade 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 — (CY) Technical Specs - 7 Harmony and Ziegler Improvements— Front Range Village Development (2007) Date: May 14, 2007 203-02 Embankment — (CIP) — (CY) 203-03 Borrow Suitable Fill— (CY) 203-04 Topsoil -(Stripping, Stockpiling and Placing) — 6" Depth — (CY) 203-05 Import Screened Topoil (6") in Parkway Areas — (CY) 203-06 Median Fill 60/40 Mix 203-07 Median Splashblock/Hardscape Shaping - CIP — (SF) 203-08 Potholing — (LS) 203-09 Flowfill Section Over Shallow Utilities — (LF) 203-10 Muck Excavation (CIP) — (CY) 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 Technical Specs - 8 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised as follows Subsection 206.03 is revised to include the following: Structure Excavation — It is anticipated that unsuitable soils will be encountered for the foundation of the box culvert. The excavation of the unsuitable material has already been accounted for and will be paid for under the Muck Excavation item. 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 methods 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 soil removal, may be required in excavating the last few inches of material to obtain the subgrade 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: I . For over -excavations of 2 inches or less, either: Backfill and compact with an approved granular materials; backfill with'h 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 I %a inch washed crushed rock. Structural Backfill (On -site Fill) - Backfill, and fill within 2 feet of and adjacent to all structures and for full height of the walls, shall be selected non -swelling material. It shall be granular, well graded, and free from stones larger than 3 inches. Material maybe 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 of 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 cohesionless soils test, ASTM D4253. Subsection 206.07is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 206-01 Structure Excavation — (CY) 206-02 Structure Backfill (On -Site Fill) — (CY) 206-03 Filter Material (1 ''/z" Washed Rock) — (TON) Technical Specs - 9 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 The above prices and payments shall include fall compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in Structural Excavation, Backfill, Haul & Leveling, Filter Material installation, and Dewatering, 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 Technical Specs - 10 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised as follows: Subsection 208.05 is revised to include the following: 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. 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 O. 208-01 Erosion Control — (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 installing and maintaining erosion control, complete -in -place, as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 11 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 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 S% 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 M James B. O'Neill, II, CPPO, FNIGP Purchasing/Risk Management Director 07/2001 Section 00020 Paqe 5 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 210 RESET STRUCTURES Section 210 of the Standard Specifications is hereby revised as follows Subsection 210.10 is revised to include the following: Work contained in this Subsection shall meet the requirements of the current City of Fort Collins and Fort Collins - Loveland Water District Utilities Standard Construction Specifications or other applicable water utility agency standard construction specifications. Copies of the specifications can be obtained at The Fort Collins Loveland Water District at 5150 Snead Dr, Fort Collins Colorado. The Contractor shall cooperate and coordinate with the City Water Utilities Department, Fort Collins -Loveland Water District and South Fort Collins Sanitation District 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 pouring the concrete pavement section. 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 '/", (+/-) /" 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 Manhole Ring/Cover — Manholes located within existing asphalt pavement shall be adjusted by removing an area of pavement with a minimum diameter one foot (1') 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. NOTE. All manholes shall be raised through the top lift 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). Modify Manhole - Manholes located within existing asphalt pavement or sub -grade shall be adjusted by removing an area of pavement or sub -grade with a minimum diameter two foot (2') larger than the structure (centered on the Technical Specs -12 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 structure). All OSHA shoring is the responsibility of the Contractor. This shall be done by cutting vertical edges in the pavement, if required, and excavating below the ground surface to the required barrel seam needed to start the adjustment. The cone section shall be removed and additional sections added or removed to obtain the plan finished elevation. All manhole sections shall be cleaned and an approved gasket material applied prior to reassembly. This work shall be done in accordance with the City of Fort Collins Standard Construction Specification and/or the South Fort Collins Sanitation District Specifications for Sewer Mains. The excavation shall be backfilled with on -site material and shall be mechanically compacted or Flowable Fill used if directed by the Engineer. This item will be paid under Modify Manhole — (EA). Flowable Fill will be paid under Section 608. Adjust Valve Box— 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 flowfill to the top of sub -grade, and then, material of the same grade and quality as the adjacent pavement shall be placed. 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). Subsection 210.13 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by ( ). 210-01 Adjust Manhole Ring/Cover— (EA) 210-02 Adjust Valve Box — (EA) 210-03 Modify Manhole — (EA) 210-04 Relocate PRV Vault per FCLWD Specs — (EA) 210-05 Relocate Meter Pit — (EA) 210-06 Relocate Fire Hydrant — (EA) 210-07 Relocate CP Test Station — (EA) 210-08 Remove and Relocate Fence — (LF) 210-09 Remove PVC Fence Intact and Deliver to Owner — (LF) 210-10 Remove and Reset Mailbox— (EA) 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, backfrll, and compaction as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 13 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specifications is revised as follows Subsection 304.01 is revised to include the following: This work shall consist of placing 6" of Aggregate Base Course (Class 5 or 6) over previously prepared pavement sub - grade approved by the Engineer. Aggregate Base Course will be used under the asphalt pavement section and shall meet the requirements of Subsection 703.03. 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 0.11 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. Load tickets shall be consecutively numbered for each day. Soil sterilization shall be applied under all new asphalt paving 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 O. 304-01 Aggregate Base Course — (Class 5 or 6) - 4" Depth — (CIP) — (TON) 304-02 Aggregate Base Course— (Class 5 or 6) —10" Depth— (CIP) — (TON) 304-03 Gravel Shoulder— Class 5 or 6 Aggregate Base (6" Depth) — (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 Technical Specs - 14 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 306 RECONDITIONING Section 306 of the Standard Specifications is hereby revised for this project as follows Subsection 306.02 is revised to include the following: The top 8" of the sub -grade including fill areas (curb, gutter and sidewalk areas) shall be reconditioned by scarifying and re -compacting. The sub -grade shall be thoroughly mixed and dried or moistened to full depth and compacted as specified in Section 203.07. The reconditioned surface shall not vary above or below the lines and grades as staked by more than 0.04 foot under asphalt or concrete pavement or 0.08 foot under aggregate base course. The surface shall be tested prior to application of any base course or pavement. All defective work shall be corrected as directed by the Engineer. The surface shall be protected and maintained until base course or pavement has been placed. If the Contractor chooses to use road base as a fine grading material or a material to mitigate over excavated or rain damaged areas this shall be entirely the Contractor's cost and shall be considered incidental to the Work. The Contractor shall be paid for reconditioning, if reconditioning has been attempted, and muck excavation in the event that unsuitable material is encountered and removed at the direction of the Engineer. It shall be at the Engineer's discretion to determine if the Contractor has made a sufficient effort to control the moisture in the sub -grade material and made a reasonable effort to recondition the sub -grade. Soil sterilization shall be applied under all new asphalt paving and shall be considered incidental to the work. Sterilization shall not be paid for separately under this item. This item (Reconditioning) will not be necessary or Paid for in Wash stabilized areas. Subsection 306.04 is revised to include the following: The accepted quantities of Reconditioning will be paid for at the contract unit price per square yard. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 306-01 Reconditioning (8") - (SY) 306-02 Sidewalk Preperation — (SY) 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 Reconditioning, complete -in -place, including compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 15 Harmony and Ziegler Improvements - Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 307 FLYASH SUBGRADE STABILIZATION Section 307 of the Standard Specifications is revised as follows: This item shall consist of treating the subgrade, adding Class "C" fly ash, mixing and compacting of the mixed material to the required depth and density. This item applies to natural ground or embankment and shall be constructed as specified herein and in conformity with the typical sections, lines and grades as shown on the plans or as established by the Engineer. MATERIALS A. Fly Ash - The fly ash shall meet ASTM Specification 618, Section 3.2, when sampled and tested in accordance with Sections 4, 6, and 8 unless otherwise shown on the plans. Fly ash shall be Class C designation containing a minimum of 25 percent CaO. B. Water - The water used in the stabilized mixture shall be clean, clear, and free of sewage, vegetable matter, oil, acid, and alkali. Water known to be potable may be used without testing. All other sources shall be tested in accordance with AASHTO T-26 and approved by the Materials Engineer. EQUIPMENT A. The machinery, tools and equipment necessary for proper prosecution of the Work shall be on the project site and approved by the Engineer prior to the beginning of construction operations. All machinery, tools and equipment used shall be maintained in a satisfactory and workmanlike manner. B. Fly ash shall be stored and handled in closed weatherproof containers until immediately before distribution on the road. If storage bins are used, they shall be completely enclosed. C. If fly ash is furnished in trucks, each truck shall have the weight of fly ash certified on public scales or the Contractor shall place a set of standard platform truck scales or hopper scales at a location approved by the Engineer. CONSTRUCTION METHODS A. General It is the primary purpose of this specification to secure a completed course of treated material that contains the following: 1. Uniform fly ash/soil mixture with no loose or segregated areas; 2. Uniform density and moisture content 3. Is well bound for its full depth 4. A smooth surface suitable for placing subsequent courses. It shall be the responsibility of the Contractor to regulate the sequence of his work; to process a sufficient quantity of material to achieve full depth as shown on plans; to use the proper amounts of fly ash; to maintain the work; and to rework the courses as necessary to meet the above requirements at no additional cost. Before other construction operations are initiated, the subgrade shall be graded and shaped to enable the fly ash treatment of materials in place, in conformance with the lines, grades, and thickness shown on the plans. Unsuitable soil or materials shall be removed and replaced with acceptable material. The subgrade shall be firm and able to support, without displacement, the construction equipment and the compaction hereinafter specified. Soft or yielding subgrade shall be corrected and made stable by scarifying, Technical Specs - 16 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 adding fly ash, and compacting until it is of uniform stability. If the Contractor elects to use a trimming machine that will remove the subgrade material accurately to the secondary grade, he will not be required to expose the secondary grade or windrow the material. However, the Contractor shall be required to roll the subgrade, as directed by the Engineer, before using the trimming machine and correcting any soft areas that this rolling may reveal. This method will be permitted only where a machine is provided which will ensure that the material is cut uniformly to the proper depth and which has cutters that will plane the secondary grade to a smooth surface over the entire width of the cut. The machine shall be of such design that visible indication is given at all times that the machine is cutting to the proper depth. B. Application The fly ash shall be spread by an approved spreader at the rate of 12% dry weight of soil as shown on the plans and as directed by the Engineer. A motor grader shall not be used to spread the fly ash. The fly ash shall be distributed at a uniform rate and in such manner as to reduce the scattering of fly ash by wind to a minimum. Fly ash shall not be applied when wind conditions, in the opinion of the Engineer, are such that blowing fly ash becomes objectionable to traffic or adjacent property owners. During final mixing, water shall be added to the materials as directed by the Engineer, until the proper moisture content has been secured. Water shall be added through the pulverizing machine or method acceptable to the Engineer to develop a uniform, controlled rate addition of the needed moisture. Initial mixing after the addition of fly ash will be accomplished dry or with a minimum of water to prevent fly ash balls. Final moisture content of the mix, prior to compaction, shall not exceed the optimum moisture content of the mix by more than two percent nor by less than the optimum by more than four percent. Should the natural moisture content of the soil be above the specified range, aeration of the soil may be required prior to addition of the fly ash. C. Mixing The soil and fly ash shall be thoroughly mixed by approved rotary mixers or other approved equipment, and the mixing continued until, in the opinion of the Engineer, a homogeneous, friable mixture of soil and fly ash is obtained, free from all clods or lumps. Water required to achieve the specified moisture content for the mixture should be added after initial mixing. If the soil fly ash mixture contains clods, they shall be reduced in size by raking, blading, disking, harrowing, scarifying or the use of other approved pulverization methods so that when all non -slaking aggregates retained on the No. 4 sieve are removed, the remainder of the material shall meet the following requirements when tested at the field moisture condition or dry by laboratory sieves: Minimum Passing 1: inch sieve 100 percent Minimum Passing No. 4 sieve 60 percent D. Compaction Compaction of the mixture shall begin immediately after mixing of the fly ash and be completed within one hour following addition of fly ash and water. The material shall be sprinkled as necessary to maintain the optimum moisture. Compaction of the mixture shall begin at the bottom and shall continue until the entire depth of mixture is uniformly compacted to a specified density. All non -uniform (too wet, too dry or insufficiently treated) areas which appear shall be corrected immediately by scarifying the areas affected, adding or removing material as required and reshaping the recompacting by sprinkling and rolling. The surface of the course shall be maintained in a smooth condition, free from undulations and ruts, until other work is placed thereon or the work is accepted. Technical Specs - 17 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 The stabilized section shall be compacted to the extent necessary to provide the density specified below: Description: For fly ash treated subgrade, existing subase or existing base that will receive subsequent sub -base or base courses - Not less than 95 percent maximum dry density (ASTM D-698) For fly ash treated sub -base or base that will receive surface course - Not less than 95 percent maximum dry density (ASTM D-698) In addition to the requirements specified for density, the full depth of the material shown on the plans shall be compacted to the extent necessary to remain firm and stable under construction equipment. After each section is completed, the Engineer will make tests as necessary. If the material fails to meet the density requirements, the Engineer may require it to be reworked as necessary to meet those requirements or require the Contractor to change his construction methods to obtain required density on the next section. Throughout this entire operation, the shape of the course shall be maintained with a blade, and the surface, upon completion, shall be smooth and in conformity with the typical section shown on the plans and to the established lines and grades. Grading should be terminated within two hours after blending of the fly ash. Should the material, due to any reason or cause, lose the required stability, density and finish before the next course is placed or the work is accepted, it shall be reprocessed, re -compacted and refinished at the sole expense of the Contractor. Reprocessing shall follow the same pattern as the initial stabilization, including the addition of fly ash. E. Finishing, Curing and Preparation for Surfacing After the final course of the treated sub -grade, sub -base or base has been compacted, it shall be brought the required lines and grades in accordance with the typical sections. The resulting base surface shall be thoroughly rolled with a pneumatic tire roller and "clipped", "skinned" or "tight bladed" by a power grader to a depth of approximately 3 inch, removing all loosened stabilized material from the section. Re -compaction of the loose material should not be attempted. The surface shall then be thoroughly compacted with the pneumatic roller, adding small increments of moisture as needed during rolling. If plus No. 4 aggregate is present in the mixture; one complete coverage of the section with the fat wheel roller shall be made immediately after the "clipping" operation. When directed by the Engineer, surface finishing methods may be varied from this procedure provided a dense, uniform surface, free of surface compaction plans, is produced. The moisture content of the surface material must be maintained within the specified range during all finishing operations. Surface compaction and finishing shall proceed in such a manner as to produce, in not more than two hours, a smooth, closely knit surface, free of cracks, ridges or loose material conforming to the crown, grade and line shown on the plans. 2. After the fly ash treated course has been finished as specified herein, the surface shall be protected against rapid drying by either of the following curing methods for a period of not less than three days or until the surface or subsequent courses are placed: (a) Maintain a thorough and continuously moist condition by sprinkling. (b) Apply a two-inch layer of earth on the completed course and maintain in a moist condition. (c) Apply an asphalt membrane to the treated course, immediately after same is completed. The quantity and type of asphalt approved for use by the Engineer shall be sufficient to completely cover and seal the total surface of the base between crown lines and all voids. If the Contractor elects to use this method, it shall be the responsibility of the Contractor to protect the asphalt membrane from being picked up by traffic by either sanding or dusting the surface of same. The asphalt membrane may remain in place when the proposed surface or other base courses are placed. Asphaltic emulsions are not acceptable for the asphaltic membrane. METHOD OF MEASUREMENT Technical Specs - 18 Harmony and Ziegler Improvements— Front Range Village Development (2007) Date: May 14, 2007 Fly Ash Subgrade Stabilization will be measured by the square yard to the limits as constructed in the field and be paid for at the contract unit price per square yard. NOTE: The square yards of Fly Ash Subgrade Stabilization is an estimate only based on the soils report and general knowledge of the soil conditions in this area. The subgrade areas to be stabilized with fly ash will be determined by the Engineer based upon results after proof rolling and effects resulting from inclement weather conditions. Subgrade areas not requiring fly ash stabilization will be Reconditioned (Revision of Section 306), measured by the square yard as constructed in the field and paid for at the Reconditioning contract unit Drice Der square vard. BASIS OF PAYMENT Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 307-01 Fly -Ash - 12" Depth - 12% - (SY) 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 Fly ash stabilization, complete -in -place, including compaction, and wetting or drying as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 19 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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 fully 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 atl 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: ABLE 401-113itumen Content t0.3% .sphalt Recycling Agent f0.2% emperature of Mixture When Discharged from Mixer t 10°C lot Bituminous Pavement - Item 403 the 9.5 mm (3/8') and larger sieves f6% the the 4.75 mm (No. 4) and 2.36 tern (No. 8) sieves t5% the 600 mm (#30) sieve tA% the 75 mm (#200) sieve t2% When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, 90% shall be the minimum; no tolerance shall be used. Delete Subsection 401.07 and replace with the following: Technical Specs - 20 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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 ff ) mm (inches) Top Layers Below Layer Top Layer <38 (1%2) 15 (60) 10 (50) 38 (1'h) - 45 (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 Requiring Overlay 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 m October 1 to March 1 (7000 feet) All areas above 2100 m (7000 feet) up to September 5 to April 1 and including 2600 m (8500 feet) All areas above 2600 m (8500 feet) August 20 to May 15 Technical Specs - 21 SECTION 00100 INSTRUCTIONS TO BIDDERS Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: Asphalt Grade p Minimum Mix Discharge Temperature, °C (°F)* Minimum Delivered Mix Temperature, °C (OF)** 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-2 OR, 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. Technical Specs - 22 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14,2007 In subsection 703.04 delete Table 703-3 and replace with Tables 703-3A, B, and C as follows: 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 rum (11/2") 25.0 nun (1") too 19.0 mm (3/4") 90- 100 12.5 mm (1/2") 9.5 MM (3/g•) 4.75 mm (#4) 2.36 nun (#8) 23-49 34.6 34.6 1.18 nun (# 16) 22.3 28.3 600 min (#30) 16.7 20.7 300 min (#50) 13.7 13.7 150 nun (#100) 75 mm (#200) 11 - 11 -11, "'llll 11 1! 2-8 1-11 1. _NFFMOPOP These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. TABLE 703-3B Technical Specs - 23 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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 (I V2") 25.0 turn (1") 19.0 MM (3 14") too 12.5 nun (1/2") 90-100 9.5 MM (3/8") 4.75 nun (#4) 2.36 mm (#8) 28-58 39.1 39.1 1.18 rum (#16) 25.6 31.6 600 nun (#30) 19.1 23.1 300 nun (#50) 15.5 15.5 150 nun (#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 Master Range Table for Hot Bituminous Pavement (Grading SG) Technical Specs - 24 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 Sieve Size Percent by Weight Passing Square Mesh Sieves - Restricted Zone Boundary (Guideline) Minimum Maximum 37.5 nun (1%2") 100 25.0 mm (1") 90 - 100 19.0 tutu (%") 12.5 mm (V2") 9.5 mm (3/8,•) 4.75 turn(#4) * 39.5 39.5 2.36 mm (#8) 19 - 45 26.8 30.8 1.18 tutu (#16) 18.1 24.1 600 turn (#30) * 13.6 17.6 300 nun (#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 Technical Specs - 25 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: 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. Asphalt Hand Patching — HBP Grading S & 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. Asphalt Leveling Course'/ Grading S — (PG 64-22) — (TON) WestBound Harmony Detour Paveing - 200'x601x4" (2" PG 64-22 on 3" PG 58-28) — This work will consist of installing 3" of PG 58-28 SG with a 2" PG 64-22 top lift at the "shoe-flys" to detour traffic around the concrete intersection work and the fill work on the Westbound lanes of Harmony Road. The City of Fort Collins' anticipates using a shoe -fly at approximate locations: STA 132+50 to 134+50 AND STA 163+00 to 165+00. The fill required to build up the shoe-flys will be included in the earth as fill is necessary in these locations per the final design. 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. The item will be paid as per Ton. 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 SEE TABLE 403-1 NEXT PAGE FOR DESIGN CRITERIA 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. The Contractor will not be allowed to clean the paver hoper during paving operations. 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. Technical Specs - 26 Harmony and Ziegler Improvements— Front Range Village Development (2007) Date: May 14, 2007 Vertical drop offs will not be allowed at the end of any days paving. Paper ioints will be required to a taper equaling 3 times the amount of drop. Paving joints shall beat the lane lines or in the center of the lane. In no case shall the paving ioints be in the wheel path. The contractor shall submit a longitudinal joint and pavement marking plan 3 days prior to paving. PAVEMENT SECTION: Grading S-100 (PG 64-28) Grading SG-100 (PG58-28) Aggregate Base Coarse Flyash Treated Subgrade NOTE: All Contract Quantites are Based on a Preliminary Pavement Design by Terracon. The City is currently performing a final pavement design for Harmony and Ziegler. The Quantites are Representative of the Design we Anticipate on each Roadway. The design mix for Grading S, SX, and SG shall conform to the following: TABLE 403-1 Property Test Method Grading S Grading SG Grading SX N/A this Project '. Air Voids, percent at: N (initial) CPL 5115 > 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): N (initial) (a) CPL 5115 8 8 (a) N (design) (b) 100 100 (b) N (maximum) (a) 174 174 (a) Stability, minimum (a) CPL 5106 42 42 (a) (for information) Aggregate Retained on the 4.75 mm (No. 4) Sieve with at least two CP 45 60 60 60 Mechanically Induced Fractured Faces, % minimum Accelerated Moisture Susceptibility CPL 5109 Tensile Strength Ratio (Lottman), Method B 80 80 80 minimum Minimum Dry Split Tensile CPL 5109 205 (30) 205 (30) 205 (30) Strength, kPa (psi) Method B Grade of Asphalt Cement Top Layer PG 64-28 PG 58-28 PG 64-28 Grade of Asphalt Cement Layers PG 64-28 PG 58-28 PG 64-22 Below Top Voids in the Mineral Aggregate CP 48 14.0 12.0 (a) (VMA) %minimum (a Voids Filled with Asphalt (VFA) % (a) Al MS-2 65 - 75 65 - 75 (a) (a) Current CDOT Design Criteria (b) Residential 50, Collector 75, Arterial 100 Technical Specs - 27 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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 225' 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 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 V2) 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. NOTE: Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement. Subsection 403.04 shall include the following: Hot Bituminous Pavement Grading SX, S and SG, 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 Hot Bituminous Pavement — Grading S — 100 — (2" Depth) — (PG 64-28) — (TON) 403-02 Hot Bituminous Pavement— Grading S — 100 — (2.5" Depth) — (PG 64-22) —(TON) 403-03 Hot Bituminous Pavement — Grading SG — 100 — (4" Depth) — (PG 58-28) — (TON) 403-04 Asphalt Leveling Course 3/a Grading S - 100 — (PG 64-28) — (TON) 403-05 Asphalt Hand Patching — Grading S — 100 — (3") — (PG 64-28) — (TON) Technical Specs - 28 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 403-06 Asphalt Hand Patching —Grading SG -100 (7" Depth) — (PG 58-28) —(TON) 403-07 WestBound Harmony Detour Paving - 200'x60'x5" (2" PG 64-28 on 3" 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 Technical Specs - 29 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT Section 412 of the Standard Specifications is hereby revised as follows Subsection 412.03 is revised to include the following: Concrete pavement shall conform to Class "P" concrete as specified in Subsections 601.02 and 601.03. Class "P" concrete shall have a minimum 28-day field compressive strength of 4200 psi. The Contractor shall submit a concrete mix design for Class "P" showing and establishing the proportions of all the ingredients. The Contractor shall be responsible for all subsequent adjustments necessary to produce the specified concrete mix. The Contractor shall submit a new mix design based on the Class "P" requirements when a change occurs in the type of cement, or sources of fly ash, or aggregate. The contractor may delete Class F fly ash and also substitute Size 67 aggregate in lieu of the larger aggregate blend for the Class "P" concrete only upon the approval of the mix design submitted to the Engineer. The Contractor shall also submit a mix design for High Early Concrete. This mix shall have a minimum 24-hour field compressive strength of 3000 psi and a minimum 28-day field compressive strength of 4200 psi. This item shall be paid for by the cubic yard of concrete used. It shall include supplying, placing, curing and texturing the high early concrete. Payment for the cost of using high early concrete will be paid for by the cubic yard for the incremental increase in cost and will be paid only when the Engineer requires use of high early concrete. No concrete shall be placed until the applicable mix design and maturity relationship has been submitted, reviewed and approved by the Engineer. Review and approval of the mix designs by the Engineer will not constitute acceptance of the concrete. Acceptance shall be based solely on the work conforming to the specifications and on satisfactory test results of the concrete placed on this project. Subsection 412.12 is revised to include the following: Immediately following the burlap drag finish, the surface shall be given an "astroturf drag finish. Materials used for final finish shall be of such texture and weight to produce a uniform texture similar to a broom type finish. Drags shall be full width of the new pavement and maintained in acceptable condition as specified for "astroturf' drag finish. Subsection 412.13 is revised to include the following: The Contractor shall saw joints early enough to control or limit random cracking but not too early as to create chipping along the sawed joint. Saw cutting will not be allowed between the hours of 9:00 p.m. and 6:00 a.m. unless approved by the Engineer. Saw cutting joints shall be included in this work and will not be paid for If the Contractor proposes variations from CDOT M Standards, it is requested that the Contractor shall prepare a navement joint and doweling lavout for aonroval by the Engineer. Subsection 412.17 is revised to include the following: The concrete pavement smoothness shall meet the requirements of Category 4, Class I, as shown in Table 412-1 for the Profilograph test. Subsection 412.18 is revised to include the following: Technical Specs - 30 Harmony and Ziegler Improvements— Front Range village Development (2007) Date: May 14, 2007 Silicone joint sealant material: Concrete joints shall be sealed with an approved silicone joint sealant material. A copy of the manufacturer's recommendations pertaining to the application of the sealant shall be submitted to the Engineer for approval prior to the beginning of work, and these recommendations shall be adhered to by the Contractor, with such exceptions as this specification may require. The sealant material shall be applied into the joint using equipment and techniques recommended by the joint sealant manufacturer. The Engineer may elect to check for bonding or adherence to the sides of the joint. If the sealant does not bond to the joint, the Contractor shall remove the joint sealant material and clean and reseal these joints in accordance with the criteria outlined. Backer rod: Shall be a round, heat resistant material meeting the requirements set forth by the joint sealant manufacturer. The Contractor shall submit the proposed material to the Engineer for review and approval prior to use. The backer rod shall be placed in such a manner that the grade for the proper depth of the sealant material is maintained. The depth of the sealant shall be a maximum of % inch. The Contractor shall thoroughly clean the joint and adjacent pavement surface for a width of not less than one inch (1") on each side of the joint of all scale, dirt, dust, residue, or any foreign material that will prevent bonding of the joint sealant. This operation is to be accomplished by immediately flushing the joints with water after sawing. The joints shall be sandblasted after they have dried, just prior to sealing. After sandblasting, the joint shall be cleaned using compressed air with a minimum pressure of 100 psi. The sandblasting and air cleaning shall be performed on the same day as the backer rod placement and joint sealant application. Sealant shall not commence for a minimum of 24 hours after sawing or a weather event without approval of the Engineer. Enhanced Concrete Crosswalk — 10" — Davis Tile Red w/Stamped Border — Concrete crosswalks shall be Class "P" concrete as specified in Section 412 of these specifications. The concrete shall be integrally colored with the required lbs. of Davis Color per sack of cement. The Contractor shall submit a new mix design based on the Class "P" requirements when a change occurs in the type of cement, flyash or aggregate size. The Color of the crosswalks will be Davis Color "Tile Red". The texture will be Brickform Texture Mats FM-3500 Cal Weave, 24"x24". The surface of the concrete crosswalk shall be sealed and protected from drying by applying Davis W-1000 Clear Cure and Seal, or approved equal. The unit price bid per square foot of concrete crosswalk shall include the entire Contractor's costs. The price bid shall include: saw cutting, furnishing and installing dowel bars and keyways as required; supplying, forming, placing, finishing, and edging the concrete surface; curing/sealing materials; joint materials/sealers; texturing equipment as determined, and all other related and necessary materials, work, and equipment required to construct the concrete crosswalks in accordance with the Specifications. Subsection 412.24 is revised to include the following: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 412-01 Concrete Pavement (10") — (SY) 412-02 Enhanced Concrete Crosswalk— 10" — Tile Red w/Stamped Border — (SY) 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 placing concrete pavement, complete -in -place, including haul, concrete materials, finishing the surface, saw cutting the 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 Technical Specs - 31 REVISED BID SCHEDULE ADDENDUM 2 6055 HARMONY AND ZIEGLER ROAD IMPROVEMENTS FRONT RANGE VILLAGE DEVELOPMENT Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 615/2007 Item # Item Description Quantity Unit Unit Cost Total Cost Roadway Improvements 201-01 Clear and Grubbing 1 LS 202-01 Remove Curb and Gutter 3555 LF 202-02 Remove Sidewalk 14297 SF 202-03 Remove Asphalt - Full Depth (4"-8") 17320 Sy 202-04 Profile Milling 3320 SY 202-05 Remove Tree - 48"- Diameter 4 EA 202-06 Remove Tree 24" Diameter 1 EA 202-07 Remove Pipe 460 LF 202-08 Remove Inlet 2 EA 202-09 Remove Existing FES 6 EA 202-10 Remove Concrete Channel 320 LF 202-11 Remove Leech Field and Sceptic Tank 1 LS 202-12 Remove Area Intel 1 EA 202-13 Remove Irrigation Structure 1 EA 202-14 Remove Existing Hydrant per FCI-WD Specs 1 EA 202-15 Remove Headwall 2 EA 202-16 Remove Gate 5 EA 202-17 Remove Retaining Wall 2 EA 203-01 Unclassified Excavation 1083 CY 203-02 Embankment-CIP 12720 CY 203-03 Borrow Suitable Fill 11637 CY 203-04 To soil (Striping, Stockpiling, and Placing) 6696 CY 203-05 Import Screened Topsoil (6") in Parkway Areas 657 CY 203-06 Median Fill - 60/40 Mix 2903 CY 203-07 Splashblock/Hardscape Shaping - CIP 30513 SF 203-08 Flowfill Over Shallow Utilities 407 CY 203-09 Muck Excavation - CIP 200 CY 206-01 Structure Excavation 267 CY 206-02 Structure Backfill On -Site Material 267 CY 206-03 Filter Material - 1 1/2" Washed Rock 65 TON 208-01 Erosion Control 1 LS 210-01 Adjust Manhole RingJCover 15 EA 210-02 Adjust Valve Box 10 EA 210-03 Modify Manhole 4 EA 210-04 Relocate PRV Vent per FCLVVD Specs 1 EA 210-05 Relocate Meter Pit 4 EA 210-06 Relocate Fire Hydrant 1 EA 210-07 Relocate CP Test Station 7 EA 210-08 lRemove and Relocate Fence 8201 LF SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following 12/03 Section 00100 Paqe 1 Harmony and Ziegler Improvements - Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 506 RIPRAP 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 sub -grade 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 EA. The unit price bid shall 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: Technical Specs - 32 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 506-01 D-50 Buried Rip -Rap, 6" Topsoil (CIP Per Detail) — (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 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 Technical Specs - 33 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: This work shall consist of the construction of a double barrel cast -in -place box culvert, wing walls, parapet walls, railings and necessary conduits in accordance with the plans, specifications, and the Larimer County Urban Area Street Standards (Refer to detail drawing 11-0IF). 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 Latimer County Urban Area Street Standards. Mix Design 1. Compressive Strength: 4000 psi at 28 days a. Minimum number of cylinders passing above requirement 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 %% for concrete with exposed surfaces or subject to freezing and thawing; not required for other concrete. All Shop Drawings must be approved by the Design Engineer (Gary Weeks with Weeks and Associates). 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. 601-01 Concrete Retaining Wall with Footer and 6' Attached Block Wall — (EA) 601-02 Concrete Wall Extension with Guardrail — (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 box culvert, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 34 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 603 CULVERTS AND SEWERS Section 603 of the Standard Specifications is hereby revised as follows: Subsection 603.01 is revised to include the following: This work shall consist of the construction and reconstruction of reinforced concrete pipe, pipe encasement, pipe connections, and joint encasement in accordance with the plans, specifications, 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 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 Pav Unit The pay unit is denoted by O. 603-01 18" RCP Class III — (LF) 603-02 24" RCP Class III — (LF) 603-03 19"00" HERCP Class III — (LF) 603-04 34"x53" HERCP Class III — (LF) 603-05 8" HDPE Pipe — (LF) 603-06 18" RCP Class III FES — (EA) 603-07 19"x30" HERCP Class III FES — (EA) 603-08 Concrete Encasement — (LF) 603-09 18" RCP Thru Retaining Wall — (EA) 603-10 Tie 34"x53" HERCP to Existing Concrete irrigation Ditch — CIP — (EA) 603-11 Tie to Existing Manhole— (EA) 603-12 4" Median Underdrain Pipe— (Perforated) - (LF) 603-13 4" Median Underdrain Pipe — (Solid) - (LF) 603-14 4" Median Underdrain clean -out — (EA) 603-15 4" Median Underdrain/Storm Sewer Tie-in (Core Drill and Connect with Non -shrink Grout) — (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 Technical Specs - 35 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 604 MANHOLES, INLETS, AND METER VAULTS Section 604 of the Standard Specifications is hereby revised as follows: Fort Collins Loveland Water District Specifications can be obtained at 5150 Snead Drive Fort Collins, Colorado. A mandatory pre -construction will be required before the contractor starts any work on the district system. Subsection 604.01 is revised to include the following: This work shall consist of the construction of manholes, CDOT Type `R' inlets, type 16 combination 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 5' Type R-Inlet— (EA) 604-02 10' Type R Inlet— (EA) 604-03 15' Type R Inlet — (EA) 604-04 18" Area Inlet — (EA) 604-05 Inlet Type "C" — (EA) 604-06 8" HDPE Area inlet and Tie in (Core Drill and Connect with Non -shrink Grout) — (EA) 604-07 Double Type 13 Inlet — (EA) 604-08 24" Headwall — CIP — (EA) 604-09 Tie 18" RCP to Existing Storm Sewer with Concrete Collar — (EA) 604-10 4' Diameter Sewer Manhole— (EA) 604-11 4" PVC Conduit Sleeving for Median Irrigation— (LF) 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 Technical Specs - 36 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: This work shall consist of the construction of concrete sidewalks (6"), pedestrian access ramps, exposed aggregate median splashblock, driveways, crosspans, and drive approaches, 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 4000 psi. The Contractor shall also submit a mix design for High Early Concrete. This mix shall have a minimum 24-hour compressive strength of 3000 psi and a minimum 28-day compressive strength of 3500 psi. It shall include supplying, placing, curing and texturing the high early concrete. The price shall apply to all Sections including Section 412, 608 and 610. Payment for extra cost of using high early concrete will be paid for by the cubic yard for the incremental increase in costs and will be paid only when the Engineer requires use of high early. Subsection 608.04 is revised to include the following: Exposed Aggregate Concrete: The Exposed Aggregate Concrete shall be Class "EA" concrete integrally colored with 1 %2 lbs. of Davis Color No. 5237 "San Diego Buff' per sack of cement. The surface of the Exposed Aggregate Concrete shall be sealed and protected from drying by applying Davis W-1000 Clear Cure and Seal, or approved equal. "San Diego Buff' shall be used for all exposed aggregate concrete in the median. Truncated Dome Panels: Pedestrian Access Warning Cast Iron Plates — East Jordan Iron Works Model 7005-71. Detectable warnings on new curb ramps shall be truncated domes of the dimensions shown in the plans. Domes shall be prefabricated by the manufacturer as a pattern on concrete or masonry pavers. Pavers shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes as shown in the plans. Pavers shall meet the requirements of ASTM C 902 or ASTM C 936. It is the Contractor's responsibility to adequately protect their work from damage by weather (including cold, heat, rain, wind), vandalism, or other causes until such time as it is accepted by the City. If traffic control devices are used to protect the work, they will not be paid for separately, but shall be included in the work. Subsection 608.05 is revised to include the following: The Concrete Driveway (6"), Sidewalk (6"), Access Ramps w/Landings (8"), Drive Approach (6") and Concrete Crosspan/Apron (9 1/2") items will be measured by the square foot of finished flatwork. The price for the Access Ramps (8") shall include the truncated dome panel landing area. Ramp area shall be measured from the back of the curb to the back of the walk from point of curb return to point of curb return. Subsection 608.06 is revised to include the following: The accepted quantities will be paid for at the contract unit price Pavment will be made under: Pay Item and Pay Unit Technical Specs - 37 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 The pay unit is denoted by ( ). 608-01 Concrete Sidewalk (6") — (SF) 608-02 Concrete Pedestrian Access Ramps with Truncated Domes (8") — (SF) 608-03 Pedestrian Refuge Island Ramp with Truncated Domes (8") — (SF) 608-04 Sidewalk Chase— per Detail— (EA) 608-05 Concrete Drive Approach w/ Aprons (8") — (SF) 608-06 Concrete Driveway Approach (6") — (SF) 608-07 Exposed Aggregate Median Cover— San Diego Buff (4") — (SF) 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, protection from staining existing concrete from washing the exposed aggregate, cutting the plastic used to separate the different colors as specified in these specifications, and as directed by the Engineer. END OF SECTION Technical Specs - 38 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 609 CURB AND GUTTER Section 609 of the Standard Specifications is hereby revised as follows Subsection 609.01 is revised to include the following: This work shall consist of the construction of cast in place vertical 6" curb and gutter, 6" outfall curb and gutter (I-ft pan), and concrete lined irrigation ditch accordance with the details and these specifications. The unit price bid per linear foot of curb and gutter, no sidewalk, includes construction of new curb and gutter sections, complete and in place, measured along the flow line. Removal of curb and gutter is not included in this section, but will be measured and paid separately as described in Section 202. It is the Contractor's responsibility to adequately protect their Work from damaee by weather, vandalism, or other causes until such time as it is accepted by the City. If traffic control devices are used to protect the work, they shall not be paid for separately, but shall be included in the work. Subsection 609.02 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 4000 psi. Subsection 609.07 is revised to include the following: The accepted quantity of curb and gutter will be paid for at the contract unit price per linear foot. Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 609-01 Vertical Curb & Gutter (30") - (LF) 609-02 Outfall Curb & Gutter (18") - (LF) 609-03 Combination Vertical Curb with attached 6' Wide Bike Lane/Gutter— (LF) The above prices and payments shall include full compensation for famishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in constructing vertical curb and gutter, variable height curb and gutter, concrete median curb, 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 Technical Specs - 39 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 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: FCLWD WATER LINES ITEMS This work shall include installing ductile iron pipe (DIP), gate valves, tees, bends, tapping saddles, plugs, reaction blocks 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 Fort Collins -Loveland Water District Standards. It shall be the Contractors responsibility to purchase and familiarize themselves with these specifications; they can be obtained at 5150 Snead Drive Fort Collins, Colorado. 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 619.06 is revised to include the following: The contractor will be required to install the irrigation tap and meter pit to Fort Collins Loveland Water District the installation of the backflow preventer and access steel cage to City of Fort Collins Irrigation Specifications. Parks and recreation will have to finial inspection will have to be coordinated by the contractor. Subsection 619.05 is revised as follows: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by (). 619-01 '/" Irrigation Service & Meter Pit/Copper-Corp-Curb Stop per COFC Spec including Backflow Preventer/Pressure Reducer Assembly/Metal Screen Cover — (EA) 619-02 Fire Hydrant Assembly (6", tap valve, pipe, hydrant) per COFC Spec — (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 ductile iron water pipe and valves, connecting to existing water lines according to the Fort Collins -Loveland 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 Technical Specs - 40 Harmony and Ziegler Improvements— Front Range Village Development (2007) Date: May 14, 2007 REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channeling devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1986. This work includes use of the above devices to channelize or direct traffic away from the work zone, but does not include work zone protection. It is the Contractor's responsibility to protect his work zone and to protect Pedestrians and Bicyclists from potential hazards arising from his work until such time as the work has been completed and can be opened to traffic. Traffic Control Devices shall be measured and paid for under this section based upon a lump sum pay item. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Proper placement and storage of traffic control devices will be subject to the Engineer's discretion. Traffic control devices shall be removed from the site immediately upon completion of the Work, but not before the concrete has cured sufficiently to allow vehicular traffic to use it. Message Boards — Will be placed to the plan designed by the City of Fort Collins. This item will be paid for per day (Day). Traffic Control — The scope for the traffic control has been described under Section 01580 Traffic Regulation. This item will be paid for as a lump sum (LS). Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.05, the second paragraph shall include the following: The reflective material shall be AP 1000 Polyester (Reflexite Corporation), 3M Type III or Transparent (Reflexite Corporation). Vinyl material is not acceptable unless its brightness is equivalent to or greater than the types named as approved by the Engineer. Subsection 630.08 shall be revised as follows: Technical Specs - 41 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 Paqe 2 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 control on this Project is the responsibility of the For this project, a Traffic Control Plan shall be prepared. The Traffic Control Plan shall be submitted for approval to the Traffic Division by 12:00 noon, two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved), fines doubled for speeding signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. Approval of the proposed method of handling traffic is intended to indicate minimum devices needed to control traffic. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Parking Restrictions shall be clearly shown on the Traffic Control Plan, including the location and quantity of "NO PARKING" signs, the date to be placed, and the date to be removed. Failure to have an approved Traffic Control Plan, including the Parking Restriction information listed above shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.09 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a valid Driver's License, a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) This Project will require a full-time Traffic Control Supervisor (TCS). The TCS shall have a minimum of one-year experience as a certified TCS. The TCS shall be on site at all times during the construction. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. Technical Specs - 42 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the work. The TCS cellular phone number will be made available to the Engineer, Inspector, and the General Contractor It is the intent of the specifications that the TCS be the same person throughout the project. If the TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval of the TCS replacement. Payment for the TCS shall be included in the lump sum pay item. The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors, City Streets Department, and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. (5) Maintainink a project traffic control diary which shall become part o the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up and maintaining traffic control devices. (t l) Attending weekly progress meetings as requested by the Engineer and/or Contractor. (12) Shall perform a minimum of Five (5) complete site checks per day, during day light hours, including weekends and/or as requested by the City of Fort Collins representatives. Traffic control management shall be maintained on a 24-hour per day basis. The Contractor shall make arrangements so that the Traffic Control Supervisor or their approved representative will be available on every working day, "on call" at all times and available upon the Engineer's request at other than normal working hours. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.13 shall be revised as follows: Technical Specs - 43 Harmony and Ziegler Improvements — Front Range Village Development (2007) Date: May 14, 2007 The Contractor shall supply and pay all costs associated with the traffic control for this project. Traffic Control devices as per the provided traffic control plans are minimum requirements, additional devices, signage may be required after initial set-up is completed This applies to all phases of this project. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Payment will be made under: Pay Item and Pay Unit The pay unit is denoted by O. 630-01 Specialty Signs 3" Letters on 48" x 48" — (EA) 630-02 Message Boards (4 Boards for a total of 6 Days) — (Day) 630-03 Type III Barricades — (Section) 630-04 Traffic Control — (LS) Flaggers and all incidental equipment will not be measured and paid for separately, but shall be included in the Work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism. SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing. NOTE: Full closures on arterials and collectors, including those listed above, will be allowed under extreme circumstances and only upon approval by the Engineer and City Traffic Division. Plans shall be approved a minimum of one week prior to the commencement of work and/or the time required to adequately notify the public through the media. NOTE: The General Specifications provides additional details on allowed closures along Harmony Road and Ziegler Road. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: Full closures on all residential streets shall be allowed as shown on the traffic control plans only if approved by the City Traffic Division. END OF SECTION Technical Specs - 44 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. 12/03 Section 00100 Paae 3 Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and responsible Bidder that proposes to use acceptable subcontractors. Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 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). ll.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. 12/03 Section 00100 Paae 5 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates '(if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 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 12/03 Section 00100 Paqe 6 the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is 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. 12/03 Section 00100 Paae 7 20.0 TAXES. OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS. Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. 24.0 BID RESULTS. For information regarding results for individual Bids send a self- addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION 12/03 Section 00100 Paqe 8 SECTION 00300 BID FORM SECTION 00300 BID FORM PROJECT: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development Place Date 1. In compliance with your Invitation to Bid dated and subject to all conditions thereof, the undersigned a (Corporation, Limited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum of ($ ) in accordance with the Invitation To Bid and Instructions to Bidders. 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment bonds is as follows: 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through 7/96 Section 00300 Page 1 REVISED BID SCHEDULE ADDENDUM 6055 HARMONY AND ZIEGLER ROAD IMPROVEMENTS FRONT RANGE VILLAGE DEVELOPMENT Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 615/2007 Item If Item Description Quantity Unit Unit Cost Total Cost 210-09 Remove PVC Fence Intact and Deliver to Owner 200 LF 210-10 Remove and Reset Mailbox 6 EA 304-01 Agg Base Course - Class 5 or 6 - 4" Depth - CIE 1675 TON 304-02 Apo Base Course - Class 5 or 6 - 10" Depth - GIP 179651 TON 304-03 Gravel Shoulder - Class 5 or 6 Aggreegate base 6" Depth) 275 TON 304-04 Road Base for DrivewayTie-ins 120 TON 306-01 Reconditioning 8" 31400 SY 306-02 Sidewalk Pre eration 3297 SY 307-01 Fly -Ash - 12" Depth - 12 % 88601 SY 403-01 Hot Bituminous Pavement - Grading S - 100 - 2" Depth) -(PG 64.28 2033 TON 403-02 Hot Bituminous Pavement - Grading S - 100 - 25" Depth) -(PG 64-22 2467 TON 403-03 Hot Bituminous Pavement- Grading SG- 100- 4" Depth) -(PG 58-28 5440 TON 403-04 Asphalt Leveling Course''/. Grading S - 100 - PG 64-22 2305 TON 403-05 Asphalt Hand Patching - Grading S - 100- 3" - PG 64-22 463 TON 403-06 Asphalt Hand Patching - Grading SG - 100- 7" Depth) -(PG 58-28 1055 TON 403-07 WestBound Harmony Detour Paveing - 200'x60'x5" Q" PG 64-28 on 3" PG 58- 28) 720 TON 412-01 Concrete Pavement - 10" 8425 SY 412-02 Enhanced Concrete Crosswalk -10" - Tile Red w/ Stamped Border 547 SY 506-01 D-50 Buried Rip -Rap, 6" Topsoil CIP Per Detail 41 EA 601-01 Concrete Retaining Wall with Footer and 6' Attached Block Wall 150 LF 601-02 Concrete Wall Extension with Guardrail 1 LS 603-01 18" RCP Class III 1128 LF 603-02 24" RCP Class III 14 LF 603-03 19"x30" HERCP Class III 236 LF 603-04 34"x53" HERCP Class III 323 LF 603-05 8" HDPE Pipe 10 LF 603-06 18" RCP Class III FES 8 EA 603-07 19"x30" HERCP Class III FES i EA 603-08 Concrete Encasement 120 LF 603-09 18" RCP thru Retaining Wall 1 EA 603-10 Tie 34"x53" HERCP to Existing Concrete Irrigation Ditch - CIP 2 EA 603-11 Tie to Existing MH 3 EA 603-12 4" Median Underdrain Pipe Perforated 3640 LF 603-13 4" Median Underdrain Pie Solid 910 LF 603-14 4" Median Underdrain Clean Out 24 EA 603-15 4" Median Underdrain/Storm Sewer Tie-in (Core Drill and Connect with Non shrink Grout) 5 EA 604-01 5'Type R Inlet 3 EA 604-02 10' T pe R Inlet 1 EA 604-03 15' T pe R Inlet 2 EA 604-04 18" Area Inlet 1 EA 8. Bid Schedule I Bid Tab - 6055 Harmony and Zeigler Road Improvements for Front Range Village Development Project Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 5/15/2007 Item # Item Description Quantity Unit Unit Cost Total Cost Q;E 201-01 I R hli"4w� - ''I"S'�' Clear and Grubbinq 1 0� PS42"A" 4� ' LS i3 1A o"A' 8 202-01 Remove Curb and Gutter 3555 LF 202-02 Remove Sidewalk 14297 SF 202-03 Remove Asphalt -Full Depth (4"-8") 17320 SY 202-04 Profile Milling 33201 SY 1 202-05 Remove Tree - 48"+ Diameter 4 EA 202-06 Remove Tree 24" Diameter 1 EA 202-07 Remove Pipe 460 LF 202-08 Remove Inlet 2 EA 202-09 Remove Existing FES 5 EA 202-10 Remove Concrete Channel 320 LF 202-11 Remove Leech Field and Sceptic Tank 1 LS 202-12 Remove Area Inlet I EA 202-13 lRemove Irrigation Structure 1 EA 202-14 Remove Existing Hydrant per FCLWD Specs I EA 1 202-15 Remove Headwall 2 EA 202-16 Remove Gate 5 EA 202-17 Remove Retalninq Wall 2 EA 203-01 jUnclassified Excavation 1083 CY 203-02 Embankment - CIP 12720 CY 1 203-03 Borrow Suitable Fill 11637 CY 203-04 Topsoil (Striping, Stockpiling, and Placing) 6696 CY 203-05 Import Screened Topsoil (6") in Parkway Areas 657 CY 203-06 1 Median Fill - 60140 Mix 2903 CY 203-07 Splashblock/Hardscape Shaping - CIP 30513 SF 203-08 Flowfill Over Shallow Utilities 407 CY 203-09 Muck Excavation - CIP 200 CY 206-01 Structure Excavation 267 CY 206-02 Structure Backfill On -Site Material 267 CY 206-03 1 Filter Material - 1 1/2" Washed Rock 65 TON 1 208-01 Erosion Control 1 LS 210-01 Adjust Manhole Ring/Cover 15 EA 210-02 Adjust Valve Box 10 EA 210-03 Modify Manhole 4 EA 210-04 Relocate PRV Vent per FCLWD Specs 11 EA I 210-05 Relocate Meter Pit EA 210-06 Relocate Fire Hydrant 1 EA 210-07 Relocate CP Test Station 71 EA 8. Bid Schedule Bid Tab - 6055 Harmony and Zeigler Road Improvements for Front Range Village Development Project Prepared by: The City of Fort Collins - Engineering -Street Oversizing Program Dated: 5/1512007 Item # Item Description Quantity Unit Unit Cost Total Cost 210-08 Remove and Relocate Fence 820 LF 210-09 Remove PVC Fence Intact and Deliver to Owner 200 LF 210-10 Remove and Reset Mailbox 6 EA 304-01 jAgg Base Course - Class 5 or 6 - 4" Depth - CIP 16751 TON 304-02 Agg Base Course - Class 5 or 6 - 10" Depth - CIP 17965 TON 304-03 Gravel Shoulder - Class 5 or 6 Aggreegate base 6" Depth) 275 TON 304-04 Road Base for Driveway Tie-ins 120 TON 306-01 Reconditioning 8" 31400 SY 306-02 1 Sidewalk Preparation 32971 SY 307-01 FI -Ash - 12" Depth - 12 % 9860 SY 403-01 Hot Bituminous Pavement- Grading S - 100 - 2" Depth) -(PG 64-28 2033 TON 403-02 Hot Bituminous Pavement- Grading S - 100 - 2.5" Depth) -(PG 64-221 2467 TON 403-03 Hot Bituminous Pavement - Grading SG - 100 - 4" Depth) -(PG 58-28 5440 TON 403-04 lAsphalt Leveling Course 33/. Grading S - 100 -(PG 64-28 23051 TON 403-05 Asphalt Hand Patching - Grading S - 100 - 3" - PG 64-28 463 TON 403-06 Asphalt Hand Patching - Grading SG - 100- 7" Depth) -(PG 58-28 1055 TON 403-07 WestBound Harmony Detour Paveing - 200'x60'x5" t2" PG 54-23 on 3" PG 58- 26 72C TON 412-01 Concrete Pavement - 10" 8425 SY 412-02 lEnhanced Concrete Crosswalk -10" - Tile Red w( Stamped Border 5471 SY 506-01 D-50 Buried Rip -Rap, 6" Topsoil CIP Per Detail 4 EA 601-01 Concrete Retaining Wall with Footer and 6' Attached Block Wall 150 LF 601-02 Concrete Wall Extension with Guardrail 1 LS 603-01 18" RCP Class III 1128 LF 603-02 24" RCP Class III 141 LF 603-03 19"x30" HERCP Class III 236 LF 603-04 34"x53" HERCP Class III 323 LF 603-05 8" HOPE Pie 10 LF 603-06 18" RCP Class III FES 8 EA 603-07 19"x30" HERCP Class III FES 11 EA 603-08 Concrete Encasement 120 LF 603-09 18" RCP thru Retaining Wall 1 EA 603-10 Tie 34"x53" HERCP to Existing Concrete Irrigation Ditch - CIP 2 EA 603-11 Tie to Existing MH 3 EA 603-12 4" Median Underdrain Pie Perforated 36401 LF 603-13 4" Median Underdrain Pie Solid 910 LF 603-14 4" Median Underdrain Clean Out 24 EA 603-15 4" Median UnderdrainlStorm Sewer Tie-in (Core Drill and Connect with Nor shrink Grout 5 EA 604-01 S'Type R Inlet 3 EA 604-02 10'Type R Inlet 1 EA 8. Bid Schedule Bid Tab - 6055 Harmony and Zeigler Road Improvements for Front Range Village Development Project Prepared by: The City of Fort Collins - Engineering -Street Oversizing Program Dated: 5/1512007 Item # Item Description Quantity Unit Unit Cost Total Cost 604-03 15'Type R Inlet 2 EA 604-04 18" Area Inlet 1 EA 604-05 Inlet T "C" 3 EA 604-06 8" HOPE Area inlet and Tie in Core Drill and Connect with Non -shrink Grout 21 EA 604-07 IDouble Type 13 Inlet 1 EA 604-08 24"Headwall -CIP 1 EA 604-09 Tie 18" RCP to Existing Storm Sewer with Concrete Collar 1 EA 604-10 4' Diameter Sewer Manhole 1 EA 604-11 4" PVC Conduit Sleevinq for Median Irrigation 600 LF 608-01 Concrete Sidewalk - 6" 27350 SF 608-02 1 Concrete Pedestrian Access Ramps with Truncated Domes 8" 2320 SF 608-03 Pedestrian Refuge Island Ramp with Truncated Domes 8" 1380 SF 608-04 Sidewalk Chase - per Detail 3 EA 608-05 Concrete Drive Approach w/ Aprons 8" 8025 SF 608-06 Concrete Drive Approach 6" 1608 SF 608-07 Exposed Aggregate Median Cover - San Die o Buff 25743 SF 609-01 lVertical Curb and Gutter - 30" 6055 LF 609-02 Vertical Curb and Gutter - 18" Outfall 10875 LF 609-03 Combination Vertical Curb with 6' Bike Lane/Gutter 500 LF 619-01 ''%" Irrigation Service & Meter Pit/Copper-Corp-Curb Stop per COFC Spec including Backflow Preventer/Pressure Reducer Assembly/Metal Screen Cover 3 EA 619-02 Fire Hydrant Assembly(6", tap valve, pipe, hydrant per COFC Spec 1 EA SUBTOTAL: 2000-01 to €'r Dry -Land Seeding 7 AC 2000-02 MSE Block Retaining Wall - 12" to 24" Tall 290 LF 2000-03 Median Irrigation System for Harmony Road Medians 1 LS 2000-04 Median Irrigation System for Ziegler Road Medians 1 LS 2000-05 6"x6" Landscape Timber Tree Well 24 EA 2000-06 Skyline Honey Locust 2" Cal. 21 EA 2000-07 Crimson Spire Oak - 2" Cal, 12 EA 2000-08 Burr Oak - 2" Cal. 6 EA 2000-09 Chinka in Oak - 2" Cal. 8 EA 2000-10 Chanticleer Pear 1.5" Cal. 30 EA 2000-11 Harrison Yellow Shrub Rose - 5 Gal. 31 EA 2000-12 Single Pink Shmb Rose - 5 Gal, 7 EA 2000-13 Native Pink Rose - 5 Gal, 351 EA 2000-14 Dwarf Korean Lilac - 5 Gal. 36 EA 8. Bid Schedule Bid Tab - 6055 Harmony and Zeigler Road Improvements for Front Range Village Development Project Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 5/15/2007 Item # Item Description quantity Unit Unit Cost Total Cost 2000-15 Bar harbour Juniper - 5 Gal. 118 EA 2000-16 Hughes Juniper - 5 Gal. 169 EA 2000-17 Silver Bluestem Grass - 1 Gal. 23 EA 2000-18 Feather Reed Grass - 1 Gal. 1241 EA 2000-19 Variegated Feather Reed Grass - 1 Gal. 99F EA 2000-20 Blue Avena Grass - 1 Gal. 83 EA 2000-21 Mulching 39190 EA SUBTOTAL: - ...;gyms ��Lr ,a„ ,. Contract Bond : 1 a a 1 g.,,..aR LS a^ r:4 a•�' a� si �, 625-01 Construction Surveying 1 LS 626-01 Mobilization 1 LS 630-01 Specialty Signs 3" letters on 48"x48" 271 EA 630-02 Variable Message Boards 20 EA per Da 630-03 Type III Barricades 8 Section 630-04 Traffic Control 1 LS SUBTOTAL: TOTAL PROJECT: $Dollars TOTAL WRITTEN IN WORDS COMPANY NAME SIGNATURE TITLE PRINTED NAME DATE 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 (250) of the total Agreement Price. RESPECTFULLY SUBMITTED: Signature Title License Number (If Applicable) (Seal - if Bid is by corporation) Attest: Address Telephone Date 7/96 Section 00300 Page 7 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors 7/96 Section 00410 Page 1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE as Principal, and hereby held and firmly bound OWNER, in the sum of $ payment of which, well and truly to be made, we hereby jointly bind ourselves, successors, and assigns. PRESENTS: that we, the unto the City of Fort Collins undersigned as Surety, are Colorado, as for the and severally 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, 6055 Harmony and Ziegler Road Improvements - Front Range Village Development. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. 7/96 Section 00410 Page 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 20_, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name• Address: By: Title: ATTEST: By: (SEAL) 7/96 M Title: SURETY (SEAL) Section 00410 Page 3 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? If so, where and why? 9. Have your ever defaulted on a contract? If so, where and why? 10. Are you debarred by any government agency? 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. 12. List your major equipment available for this contract. 13. Experience in construction project: Work similar in importance to this 14. Background and experience including officers: of the principal members of your organization, 15. 16. 17. Credit available: $ Bank reference: Will you, upon request, fill out a furnish any other information that detailed financial statement and may be required by the OWNER? Are you licensed as a General CONTRACTOR? If yes, in what city, county and state? class, license and numbers? What 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract? and to whom? 20. Are any lawsuits pending against you or your firm at this time? IF yes, DETAIL 7/96 Section 00420 Page 2 REVISED BID SCHEDULE ADDENDUM 6055 HARMONY AND ZIEGLER ROAD IMPROVEMENTS FRONT RANGE VILLAGE DEVELOPMENT Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 61512007 Item a Item Description Quantity Unit Unit Cost Total Cost 604-05 Inlet Type "C" 3 EA 604-06 8" HOPE Area inlet and Tie in fCore Drill and Connect with Non -shrink Grout 2 EA 604-07 Double Type 13 Inlet 1 EA 604-08 24"Headwall -CIP 1 EA 604-09 Tie 18" RCP to Existing Storm Sewer with Concrete Collar 1 EA 604-10 4' Diameter Sewer Manhole 1 EA 604-11 4" PVC Conduit Sleeving for Median Irrigation 600 LF 608-01 Concrete Sidewalk - 6" 27350 SF 608-02 Concrete Pedestrian Access Ramps with Truncated Domes 8" 2320 SF 608-03 Pedestrian Refuge Island Ramp with Truncated Domes 8" 1380 SF 608-04 Sidewalk Chase- per Detail 3 EA 608-05 Concrete Drive Approach wl Aprons 8" 8025 SF 608-06 Concrete Drive Approach 6" 1608 SF 608-07 Exposed A re ate Median Cover - San Diego Buff 25743 SF 609-01 Vertical Curb and Gutter - 30" 6055 LF 609-02 Vertical Curb and Gutter - 18" Outfall 10875 LF 609-03 Combination Vertical Curb with 6' Bike LarOGuller 500 LF 619-01 3/4" Irrigation Service & Meter Pit/Copper-Corp-Curb Stop per COFC Spec including Backflow PreventerlPressure Reducer Assembly/Metal Screen Cover 2 EA 619-02 1" Irrigation Service & Meter PitlCopper-Corp-Curb Stop per COFC Spec including Backflow PreventerlPressure Reducer Assembly/Metal Screen Cover 1 EA 619-03 Fire Hydrant Assembly 6", tap valve, pipe, hydrant) per COED Spec 1 EA SUBTOTAL: Landscaping Quantities 2000-01 Dry -Land Seeding 7 AC 2000-02 MSE Block Retaining Wall - 12" to 24" Tall 290 LF 2000-03 Median Irrigation System for Harmony Road Medians 1 LS 2000-04 Median Irrigation System for Ziegler Road Medians 1 LS 2000-05 6"x6" Landscape Timber Tree Well 24 EA 2000-06 Skyline Honey Locust 2" Cal. 21 EA 2000-07 Skyline Honey Locust 3" Cal. 19 EA 2000-08 Crimson Spire Oak - 2" Cal. 6 EA 2000-09 Burr Oak - 2" Cal. 9 EA 2000-10 Chinka in Oak -2"Cal. 11 EA 2000-11 Sk Master English Oak - 3" Cal. 15 EA 2000-12 Chanticleer Pear 1.5" Cal. 33 EA 2000-13 Harrison Yellow Shrub Rose - 5 Gal. 28 EA 2000-14 _Single Pink Shrub Rose- 5 Gal. 23 EA 2000-15 Native Pink Rose - 5 Gal. 35 EA 21. What are the limits of your public liability? DETAIL What company? 22. What are your company's bonding limitations? 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. Dated at this day of , 20 Name of Bidder By: Title: State of County of being duly sworn deposes and says that he is of and that (name of organization) the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 20 Notary Public My commission expires 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. ITEM SUBCONTRACTOR 7/96 Section 00430 Page 1 SECTION 00500 AGREEMENT FORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD Date: 003 PROJECT: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated , 20 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 6055 Harmony and Ziegler Road Improvements - Front Range Village Development. The Price of your Agreement is Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by , 20 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. City of Fort Collins OWNER By: James B. O'Neill, II, CPPO, FNIGP Director of Purchasing & Risk Management 9/12/01 Section 00510 Page 1 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 20_ and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 6055 Harmony and Ziegler Road Improvements - Front Range Village Development, and is generally described in Section 01010: 1. Harmony Road: Improvements for widening Harmony Road from Union Pacific Railroad Tracks on Harmony and going east past the Harmony and Ziegler Intersection to Technology Parkway. The improvements for this project will widen Harmony Road to 6-lane arterial road standards. The work will include widening the existing asphalt, installing landscaped medians, and installing a Portland Cement Concrete intersection at Harmony and Ziegler. Median inlets and storm sewer pipe will also be installed to drain the road surface. Harmony Road paving will consist of full depth pavement sections and leveling courses on the existing wearing surface. Harmony Road will not have an asphalt overlay with this contract. 2. Ziegler Road: Improvements for widening Ziegler Road from Harmony Road to Horsetooth. The improvements for this project will widen Ziegler Road to a 4-lane arterial arterial standard. The work will consist of removal of curb and gutter, concrete sidewalk, pipe of various sizes, and installing new vertical curb and gutter, inlets, sidewalk, and landscaped medians. Ziegler Road paving will consist of full -depth paving in the widened areas and a minor asphalt overlay. The Contractor will provide Traffic Control and Construction Surveying. The Contractor will be required to work with our traffic control supervisor. This project will be done under a variety of partial closures and single lane closures. 9/12/Ol Section 00520 Page 1 ARTICLE 2. ENGINEER The Project has been designed by Stantec Consulting, Inc., 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 by June 29, 2008 as provided in the General Conditions and completed and ready for Final Payment and Acceptance in accordance with the General Conditions by July 13, 2008. 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. 1) Substantial Completion: Two Thousand Three Hundred Sixty Three Dollars ($2,363) for each calendar day or fraction thereof that expires after June 29, 2008 the date for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after July 13, 2008 the date for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: ($ ), $ Dollars, in accordance with Section 00300, attached and incorporated herein by this reference. 9/12/01 Section 00520 Page 2 ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until the Work has been 50% completed as determined by ENGINEER, when the retainage equals 5% of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application for payment. 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. 9/12/01 Section 00520 Page 3 ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 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. 9/12/01 Section 00520 Page 4 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. 1 Certificate 7.2.2Certificate 7.2.3 Lien Waiver 7.2.4Consent of 7.2. 5 Application 7.2. 6 Application of Substantial Completion of Final Acceptance Releases Surety for Exemption for Payment Certificate 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: C001 COVER C002 NOTES AND LEGENDS C003 TYPICAL ROAD SECTIONS - HARMONY ROAD C004 TYPICAL ROAD SECTIONS - ZIEGLER ROAD C010-011 HORIZONTAL CONTROL PLANS C050 DEMOLITION PLAN - KEY MAP C051-056 DEMOLITION PLANS - HARMONY ROAD C057-060 DEMOLITION PLANS-ZIEGLER ROAD C100-105 EROSION CONTROL & DRAINAGE PLANS C110-113 STORM SEWER PLAN & PROFILES C130 SIGNAGE AND STRIPING PLAN - KEY MAP C131-137 SIGNAGE AND STRIPING PLAN - HARMONY ROAD C138-141 SIGNAGE AND STRIPING PLAN - ZIEGLER ROAD C144-147 SIGNALIZATION PLANS C150 PAVING PLAN - KEY MAP C151-155 PAVING PLANS - HARMONY ROAD C156-158 PAVING PLANS - ZIEGLER ROAD C160 JOINTING PLAN - HARMONY & ZIEGLER ROAD INTERSECTION C200 PLAN AND PROFILE - KEY MAP C205-220 PLAN AND PROFILES - HARMONY ROAD C225-234 PLAN AND PROFILES - ZIEGLER ROAD C290-293 INTERSECTION DETAILS C294 DRIVEWAY DETAILS C306-318 CROSS SECTIONS - HARMONY ROAD C322-331 CROSS SECTIONS - ZIEGLER ROAD C600 PAVING DETAILS C601 SIGNAGE AND STRIPING PLANS C602-605 UTILITY/DRAINAGE DETAILS LANDSCAPING PLANS 9/12/01 Section 00520 Page 5 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers to , inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9/12/01 Section 00520 Page 6 REVISED BID SCHEDULE ADDENDUM 2 6055 HARMONY AND ZIEGLER ROAD IMPROVEMENTS FRONT RANGE VILLAGE DEVELOPMENT Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 61512007 Item # Item Description Quantity Unit Unit Cost Total Cost 2000-16 Dwarf Korean Lilac - 5 Gal. 47 EA 2000-17 Bar harbour Juniper - 5 Gal. 56 EA 2000-18 Hughes Juniper - 5 Gal. 142 EA 2000-19 Icee, Blue Juniper 71 EA 2000-20 Dwarf Yellow Day Lily -1 Gal. 20 EA 2000-21 Feather Reed Grass - 1 Gal. 124 EA 2000-22 Variegated Feather Reed Grass - I Gal. 66 EA 2000-21 Dwarf Fountain Grass - I Gal. 114 EA 2000-22 IMulching 39190 SF SUBTOTAL: - Contract Bond 1 LS 625-01 Construction Surveying 1 LS 626-01 Mobilization 1 LS 630-01 Specialty Signs 4" letters on 48"x48" 27, EA 630-02 Variable Message Boards 20 EA per Day 630-03 IType III Barricades 8 Section 630-04 1 Traffic Control 1 LS SUBTOTAL: TOTAL PROJECT: TOTAL WRITTEN IN WORDS COMPANY NAME SIGNATURE TITLE PRINTED NAME DATE $Dollars OWNER: CITY OF FORT COLLINS CONTRACTOR: By: JAMES B. O'NEILL II, CPPO, FNIGP DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: Attest: City Clerk By: Title: Date: (CORPORATE SEAL) Attest: Address for giving notices: Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 LICENSE NO.: Approved as to Form Assistant City Attorney 9/12/01 Section 00520 Page 7 SECTION 00530 NOTICE TO PROCEED Description of Work: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development To: This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of , 20 The dates for Substantial Completion and Final Acceptance shall be , 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: 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 KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6055 Harmony and Ziegler Road Improvements - Front Range Village Development. 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. W96 Section 00610 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20 IN PRESENCE OF: Principal (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: M (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00610 Page 2 SECTION 00615 PAYMENT BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: that (Firm) (Address) (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6055 Harmony and Ziegler Road Improvements - Front Range Village Development. 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. 7/96 Section 00615 Page 1 PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this _ day of , 20 IN PRESENCE OF: Principal By: (Title) (Address) (Corporate Seal) IN PRESENCE OF: Other Partners IN PRESENCE OF: Surety By: M (Surety Seal) (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 7/96 Section 00615 Page 2 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. 7/96 Section 00630 Page 1 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: CONTRACT DATE: The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE DATE 7/96 Section 00635 Page 1 SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE TO: Gentlemen: You are hereby notified that on the day of _ Fort Collins, Colorado, has accepted for the City of Fort Collins project, 6055 Improvements - Front Range Village Development. 20 20_, the City of the Work completed by Harmony and Ziegler Road 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 In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: 7196 Section 00640 Page 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6055 Harmony and Ziegler Road Improvements Front Range Village Development OPENING DATE: 3:00 P.M. (Our Clock) June 12, 2007 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. SPECIFICATIONS AND CONTRACT DOCUMENTS I. Median Landscape and Irrigation Plans: Plans are now available for the median landscaping and median irrigation. Available online at: https:llorder.e- arc.com/arcEOC/PWELL Project main.asp?pub= and at Mercury LDO, 422 South Link Lane, Fort Collins, CO, 80524. The new plan sheets are as follows: - 1-1.1 — Landscape Plan - 1-1.2 — Landscape Plan - 1-1.3 — Landscape Plan - 1-1.4 — Landscape Plan - 1-1.5 — Plant List and Notes - IR1.1 — Irrigation Plan - IR1.2 — Irrigation Plan - I111.3 — Irrigation Plan - IR1.4 — Irrigation Plan - IR1.5 — Irrigation Details If. Bid Tab clarifications: Addendum #1 includes a revised Bid Tab that reflects the Median Landscaping Quantities and Irrigation Tap/Service sizing. If you have any questions please contact John D. Stephen, CPPO, CPPB, Senior Buyer, at (970) 221-6777. 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 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 22€-6707 www.fcgov.com SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) PROJECT: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development 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, 7/96 Section 00650 Page 1 employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 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 Title: ATTEST: Secretary STATE OF COLORADO )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20 by Witness my hand and official seal. My Commission Expires: Notary Public 7/96 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: PROJECT: 6055 Harmony and Ziegler Road Improvements - Front Range Village Development CONTRACT DATE: In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. 7/96 Section 00660 Page 1 SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR Ot 72 (92f96) COLORADO DEPARTMENT OF REVENUE MV DENVER CO 9e281 (303) 232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) The exemption certificate for which you are applying trust be used only forthe purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part oft he structure, highway, road, street, or other public works owned and used by the exempt organization, Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law, A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registralion'Accoura No. to be assigned by DOR Harrod 89 - 0170-750 (999) $0.00 lI+i 1tri R° �I+�F1FI�11tt r I}N race namel A net pa net, or corporate name Mailing address (City, State,Zip) Conaut Person E-Mail address Federal Employer's Identficabon Number Bid amount for your contract (ax um en /B/usiness telephone number l Co ore o wthholding tax amount —num—lter. EXEMPTION1NFORMATION Copieeotcontraat'Qtagreementpegbs(titlenti ingtheaontraatinoparties; and (2) containing signatures of aontraat(ng patms`nluatba attached, ame of exempt organza on (as shown on con act). empt organza on's number 98 - Address of exempt organ iza4on (City. Stale,Zip) Principal contact at exempt organization Principal contacts telephone number. hysical tote on of projec site (give actual address wfien appf cable and Cities and/or Coun (ies} w ere projec is loca ed Scheduled ont ay ear constmction start date_ Estimated Month ay Year wmpletion date I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge Signature of owner. partner or corporate officer pora e officer a e. "v nvr rrrtnM oCLVYY I11110 L11Nt 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 ption 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 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89- 12345-0001, every application submitted thereafter should contain 89-12345 on the application. The 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 GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, F.JCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title DEFINITIONS .............. _.......... ................. 1.1 Addenda ................................... 1.2 Agreement ................................ 1.3 Application for Payment..,_.,,,_,_, IA Asbestos .................................. 1.5 Bid ................... ....................... 1.6 Bidding Documents,,,.,,_„_.,,_,,,,, 1.7 Bidding Requirements,_,..._._,.,, 1.8 Bonds...... 1.9 Change Order ........ ....... 1.10 Contract Documents.,,,,_,,.,,_,,,, 1.11 Contract Price 1.12 Contract Times,,,,,,,,,,,,,,,,,,,,,,,,, h13 CONTRACTOR ...................._. 1.14 defective ..... .. 1.15 Drawings .................................. 1.16 Effective Date of the Agreement 1.17 ENGINEER.... _........................ 1,18 ENGINEERS Consultant,,,,,,,,,,, 1.19 Field Order,,.,,,,,,,_.,, 1.20 General Requirements_,,,,,,.,,,,_, 1,21 Hazardous Waste,,,,,,, 1.22.a Laws and Regulations; Laws or Regulations,,,,,,, _....... .... _,,,,,_ 1.22.b Legal Holidays ,,,,,,. 1,23 Liens 1.24 Milestone .................................. 1.25 Notice of Award ....................... 1,26 Notice to Proceed,,,,,,,,,,,,,,, 1,27 OWNF,R...... _ ......_................. 128 Partial Utilization ..................... 1.29 PCBs ....................................... 1.30 Petroleum. _.......... ........ ............ 1,31 project ........ .... .......... ......... .... L32.a Radioactive Material .................. L32,b Regular Working Hours.... ....... 133 Resident Project Representative„ 1.34 Samples. 1.35 Shop Drawings„„_ .................. 136 Specifications____,,,,,__.....,__ 1.37 Subcontractor,,,,__,,,,,,,,,,_ L38 Substantial Completion ,_,,,,,. 1,39 Supplementary Conditions,,,,,_., IA0 Supplier,,,,,. .............................. 1.41 Underground Facilities,,,_,,,,,__ 1.42. tlnit Price Work. 1.43 Work IA4 Work Change Directive _ 1,45 Written Amendment, Page Article or Paragraph Number Number & Title Page Number 1 1 PRELIMINARY MATTERS 3 2.1 Delivery of Bonds...........................3 I 22 Copies of Documents, ...... .... .,_....... 1 ........... 2.3 Commencement of Contract Times; Notice to Proceed,,,,,,_ _....... „ ] 2.4 Starting the Work.,....._,,,,,,,,,,,,,,,,,, 3 _,,,,,_ t 2.5-2.7 Before Starting Construction; _I CONTRACTORS Responsibility 1 to Report, Preliminary Schediles; ,,___, 1 Delivery of Certificates of I Insurance 3-4 _i 2.8 Preconstruction Conferencz 4 „..,.„1 2.9 Initially Acceptable Schedules ,,,,....,.4 1 3. CONTRACT DOCUMENTS. INTENT, 1 AMENDING, REUSE ..................................._.....4 1 3.1-3.2 Intent ............................................. 4 .... _,,,,1 3.3 Reference to Standards and Speci- 1 frcations of Technical Societies; ......] .� Reporting and Resolving Dis- ...... ..... crepancies,.,._....___........__..-..4-5 3.4 Intent of Certain Terms or Adjectives .............................. _. _.. 5 3.5 Amending Contract Documents,_,,,_„5 -.._._,2 3.6 Supplementing Contract Documents 5 ^_ 3.7 Reuse of Documents 5 2 „ _ 2 4, AVAILABILITY OF LANDS; SUBSURFACE, AND PHYSICAL CONDITIONS; 2 REFERENCE POINTS 5 4.1 Availability of Lands ..... 5-6 4.2 Subsurface and Physical Conditions .................._..........--..., 6 2 42.1 Reports and Drawings ....... .............. 6 42.2 Lim ited Reliance by CONTRAC- 2 TOR Authorized; Technical ..........2 Data ............................................ b 42.3 Notice of Differing Subsurface 2 or Physical Conditions,_,_,_,,,, 4.2A ENGINEEWsReview 6 42.5 Possible Contract Documents .... _....2 Change. _.6 4.2.6 Possible Price and Times ....... 2-3 Adjustments., .......... _ ......... _.. 6-7 4.3 Physical Conditions --Underground 3 Facilities 7 _._..._3 4.3.1 Shown or Indicated 7 _..._3 4.3.2 Not Shown or Indicated ___,,,._7 4A Reference Points ................................ 7 E]CEC GENERAL CONDITIONS 1910-8 (1990 EDITION W CITY OF FORT COLLINS MODIFICATIONS IRE 9/99) Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 45 Asbestos, PCBs, Petroleum, 6.25 Submittal Proceedures, CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material,,,,........ _,,,... 7-8 to Shop Drawing or Sample Submittal .................................... 16 5. BONDS AND INSURANCE ................................. 8 6.26 Shop Drawing & Sample Submit- 5A-5.2 Performance, Payment and Other tals Review by ENGINEER. _....16-17 Bonds ................. ............ ___ ......... .8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents,,,,.......,17 Certificates of Insurance ..................... 8 6,28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance... .... ........................... ... _. _.9 Approval of Required 5.5 OWNER'S Liability Insurance...............9 Submittals, ........ ........... ..,,._........ 17 5.6 Property Insurance._„_..._...............9-10 6.29 Continuing the Work. .................. _.17 53 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance .................10 Warranty and Guarantee.._ .......... ,_I7 5.8 Notice of Cancellation Provision 10 6.31-6.33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations ....... ............. 8 for Deductible Amounts.................... 10 5.10 Other Special Insurance ....... ....... .....10 T OTHER WORK ...... ..._,_,....,....,,,,...,..,18 5.11 Waiver of Rights...............................11 7.1-7.3 Related Work at Site ....................... 18 5.12-5.13 Receipt and Application of 7.4 Coordination„_. ....... ........ is Insurance Proceeds...................... W-11 5.14 Acceptance of Bonds andInsu- S. OWNER'S RESPONSIBILITIES ......... ......._18 ante; Option to Replace ............. .._..11 8.1 Communications to CON- 5.15 Partial Utilization --Property TRACTOR.-,..__,,... Insu once.....................................11 .. 82 Replacement of ENGINEER......,,,,,_l8 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES ...............I I When Due__.., ... ...... ,............ __.,._ 18 6.1-6.2 Supervision and Superintendence.,..... 11 8.4 Lands and Easements, Reports 6.3-6.5 Labor, Materials and Equipment, ... 11-12 and Tests....................18-19 6.6 Progress Schedule...,_,._. _.,,_.._.,_._12 8.5 Insurance__...... _-....,._.19 6.7 Substitutes and "Or -Equal" Items; 8.6 Change Orders_. ......... .... 19 CONTRACTOR's Expense; 8.7 Inspections, Tests and Substitute Construction Approvals,.._..,_ ............. .. ....19 Methods or Procedures, 8.8 Stop or Suspend Work, ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services_ ,...... ,_,,.__...._„,....,..._19 Suppliers and Others, 8.9 Limitations on OWNER'S Waiver of Rights .............. ............. _ 13-14 Responsibilities.., ......... ........... ....19 6.12 Patent Fees and Royalties ....... _ ......14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits 14 Hazardous Waste or 6.14 Laws and Regulations. _.................... 14 Radioactive Material ...... _,...19 6.15 Taxes 14-15 8-11 Evidence ofFinancal 6.16 Use ofPremises.................................15 Arrangements _...... ,... _............... 19 6.17 Site Cleanliness 15 6.18 Safe Structural Loading ....... ......... . 15 9 ENGINEER'S STATUS DURING 6.19 Record Documents_...... __.........._...15 CONSTWUCTION ......._. _......_. __....... _ .._...19 6.20 Safety and Protection „_....... _.... .... 5-16 9A OWNER'sRepresentative_._..,..,.,.,19 6.21 Safety Representative.1..__._, 16 9.2 Visits to Site, 19 6.22 Hazard Communication Programs,._... 16 93 Project Representative 19-21 6.23 F.mergencies.16 9.4 Clarificationsand interpre- 624 Shop Drawings and Samples ....... _,... 16 tations.............................„__21 9 5 Authorized Variations in Wirk 21 EJCDC GENERAL CONDITIONS 1910-9 (t990 EITRON1 w/ CI IN OF FORT COLLINS MODLFICA'ITONS IRRV 9/991 Article or Paragraph Page Article or Paragraph Page Number & Title Numher Number & Title Number 9.6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work atENGI- 9.7-9.9 Shop Drawings, Change Orders VEERsRequest._ 27-28 and Payments ......................... ,........ _21 13.10 ................... OWNER May Stop the Work 28 9.10 Determinations for Unit Prices_.,... 21-22 13.11 Correction or Removal of 9.11-9,12 Decisions on Disputes; ENGI- Defective Work ............. 28 NEER as Initial Interpreter.,.._.,,._...22 13.12 ... ,..,...... Correction Period ...___..._.,_.,, 28 9.13 Limitations on ENGINEER'S 13.13 Acceptance ofDefective Work 28 Authority and Responsibilities_..22-23 13.14 OWNER May Correct Defective Work... ................................. 28-29 CHANGES IN THE WORK ..... ......... ................ .. _23 10.1 OWNER'S Ordered Change ...... ......... 23 14. PAYNvIENTS TO CONTRACTOR AND 10.2 Claim for Adjustment .................. ... _23 CONIPLETION,,..._...._.............. 29 10.3 Work Not Required by Contract 14.1 ...................... Schedule of Values .......................... 29 Documents ............ ...... __.23 142 Application for Progress 10.4 Changeorders_........._.........._....-...23 Payment .............. 105 Notification of Surety .................. ..... 23 14.3 CONTRACTOR'S Warranty of .....29 Title .. .......................... 29 CHANGE OF CONTRACT PRICE ......... ......_, 23 14.4-14.7 . Review of Applications for . 11.1-11.3 Contract Price, Claim for Progress Payments_ 29-30 Adjustment; Value of 14.8-14.9 ................. Substantial Completion ........... ,....... 0 the Work ..... 23 24 14 10 Partial Utilization.,_,.,....._ 30-31 11.4 Cost of the Work___..,24-25 14,11 Final Inspection 31 11.5 Exclusions to Cost, of the Work._,_,.,._ 25 14.12 Final Application for Payment. 11.6 CONTRACTOR'S Fee,..„___..,... _ 25 14 13-14.14 Final Payment and Acceptance...,,. _31 31 11.7 Cost Records _,_.... __-25-26 14,15 Waiver of Claims 31-32 11.8 Cash Allowances ............... .. 26 1 L9 Unit Price Work ........................ 26 15, SUSPENSION OF WORK AND TERMINATION ........... 32 C_'HANGE OF CONTRACT TI1vLES....................... „ 26 15.1 OWNER May Suspend Work 32 12.1 Claim for Adjustment ........... _ 26 15.2-15A OWNER May Terminate 32 122 Time of the Essence ..,.,__...,.,_,...... ..26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTORS Work or Terminate 32-33 Control .............. . ......................26-27 12.4 Delays Beyond OWNER'S and I& DISPUTE RESOLUTION CONTRACTOR's Control................. 27 17. Z RSCELI,ANEOUS,._ 33 TESTS AND INSPF,CTIONS; CORRECTION, IT 1 ....- Giving Notice ....... 33 REMOVAL OR ACCEPTANCE OF 172 ....... Computation of Times.,._...,..,, 33 DEFECTIVE WORk,....._,,. _., .... 27 173 Notice of Claim 33 13,1 Notice of Defects ,,..27 17.4 ......, Cumulative Remedies..__, 33 13.2 Access to the W'ork...,.._...... 27 IT .............. Professional Fees and Court 133 Tests and Inspections, Costs Included. }3 CONTRACTOR's Cooperation......„ 27 IT6 Applicable State Laws 33-34 13A OWNER'S Responsibilities, Intentionally left blank__,.. 35 Independent Testing Laboratory_ .27 13.5 CONTRACTOR's EXHIBIT GC -A: (Optional) Responsibilities., „_ ... „ 27 Dispute Resolution Agreement GC -AI. 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 _ ...... Arbitration.... GC -AI tion, Testing or Approval, ... 27 167 Mediation,..___ GC -Al 1° F,rCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) Wi CITY OF FORT COLLINS MODIFICATIONS (REV 91991 6055 Harmony and Ziegler Road Improvements Front Range Village Development Addendum #1 Revised Bid Schedule Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: SM512001 Item >♦ 201-01 Item Descri Uon Clear and Gmbbin Quantity 1 Unit LS Unit Cost Total Cost 202-01 Remove Curb and Gutter 3555 LF 202-02 Remove Sidewalk 14297 SF 202-03 Remove Asphalt - Full Depth 4"-B" 17320 SY 202-04 Profile Milling 3320 SY 202-05 Remove Tree -48"+Diameter 4 EA 202-06 Remove Tree 24" Diameter 1 EA 202-07 Remove Pie 460 LF 202-08 Remove Inlet 2 EA 202-09 Remove Existing FES 5 EA 202-10 Remove Concrete Channel 320 LF 202-11 Remove Leech Field and Sceptic Tank 1 LS 202-12 lRemove Area Inlet 1 EA 202-13 Remove Initiation Structure 1 EA 202-14 Remove E)dsbng Hydrant per FCLWD Specs 1 FA 202-15 Remove Headwall 2 EA 202-16 Remove Gate 5 EA 202-17 Remove Retaining Wall 2 FA 203.01 Unclassified Excavation 1083 CY 203.02 Embankment-CIP 12720 CY 203-03 Borrow Suitable Fill 11637 CY 203-04 To soil IRtri.inn, Stock ilin , and Placing) 6696 CY 203-05 Import Screened Topsoil 6" in Parkway Areas 657 CY 203-06 Median Fig - 60140 Mix 2903 CY 203-07 S Iashblock/Hardsca a Shaping - CIP 30513 SF 203-08 Flowfill Over Shallow Utilities 407 CY 203-09 Muck Excavation - CIP 200 CY 20"1 Structure Excavation 267 CY 206-02 Structure Backfill On-Sge Material 267 CY 206-03 Filter Material - 1 12" Washed Rock 65 TON 208-01 Erosion Control 1 LS 210-01 Adjust Manhole RinglCover 15 EA 210-02 Adjust Valve Box 10 FA 210-03 Modify Manhole 4 EA 210-04 Relocate PRV Vent per FCLWD Specs 1 FA 21D-05 Relocate Meter Pit 4 EA 210-06 Relocate Fire Hydrant 1 EA 210-07 Relocate CP Test Station 7 EA INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insurance ...................... 5.14 defective Work,__,_ ......... _............. 10.4.1, 13.5, 13.13 final payment .............. .......................... 14.15 insurance..... 5.14 other Work, by CONTRACTOR ..... .....7.3 Substitutes and "Or -Equal" Items ..... .... ...... . ...6.7.1 Work by OWNER _...... ..... _ ..... 2.5, 6.30, 6.34 Access to the -- Lands, OWNER and CONTRACTOR responsibilities..... _ _. „............................ ......4.1 site, related Work... .................... _..... _....7.2 Work, ..._ .................. _......... ....... 13.2, 13.14, 14.9 Acts or Omissions--, Acts and Om issions-- CONTRACTOR......_ .._......._......._....6.9.1, 9.13.3 ENGINEER.._ ................ _....................6.20, 9.13.3 OWNER. _............. ... 6.20, 8 9 Addenda --definition of (also see definition of Specifications) ,....... (1.6, 1.10, 6.19), 1.1 Additional Property Insurances_ ............._.......__, 5.7 Adjustments— Contract Price or Contract Times.., .___................1.5, 3.5, 4.1, 4.3.2, 4.5.2, .........................4.5.3, 9.4, 9.5, 10.2-10.4, ............. ............. I ... ........ 11,12,14.8,15.1 progress schedule 6.6 ................................... . Agreement -- definition of.................-.._..............................1 2 "All -Risk" Insurance, policy form ... .......... - ... .......,,5.6.2 Allowances, Cash ___...._...., . .11.8 Amending Contract Documents ............................. 3.5 .Amendment, Written -- in general ......... ......1.10, 1.45, 3.5, 5,10, 5.12, 6.6.2 ......... ........... .__(.8.2, 6.19, 10.1, 10.4, 112 .._............ _................. 111, 13.112, 14 72 Appeal, OWNER or CONTRACTOR intent to. ... ............ _...... 9.10, 9.11, 10A, 16.2, 16.5 Application for Payment -- definition of. _,.....,,,..__._. ........_..._...,_1.3 ............. ENGINEER's Responsibility..,., ........... 9.9 final payment._ ......... ,_, 9.13.4, 9.13.5, 14.12-14.15 in general._........................8, 2.9, 5.6.4, 910, 15.5 progress payment ........ .......... ............._.....14.1-14.7 review of......_ ...... ........................._._......,14A-14.7 Arbitration ............ ........... .................. ..........16.1-16.6 Asbestos -- claims pursuant thereto ..... ...... ,,, 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .... _.4.5.2 definition of ....... .. v Article or Paragraph Number OWNER responsibility for..............................4.5.1, 8.10 possible price and times change ............. ....... 4.5.2 Authorized Variations in Work._ 3.6, 6.25, 6.27, 9.5 Availability of Lands .......... . .. ......... . _.I ........... _.41, 8.4 Award, Notice of--defined 125 Before Starting Construction......, ..... Bid --definition of, ... ,___......1,5 (1.1, 1.10, 2.3, 3.3, .................... 4.2.6.4, 6,13, 11.4.3, 11.9.1) Bidding Documents --definition of_........._.........._.......... _........... _1.6(6.8.2) Bidding Requirements --definition of ........ ......... _.....,.1.7(1.1,4.2.6.2) Bonds -- acceptance of ............................................. _.... , 5,14 additional bonds ................................ 10.5, 11 4.5.9 Cost of the Work.......... 11.5.4 definition of Ls delivery of 2 1, 5.1 final Application for Payment ......... .. ...14.12-14.14 general ......- .............................. 1.10, 5.1-53, 5,13, .... . ...... .............. ........... - 9.13, 10.5, 14.7.6 Performance, Payment and Other ........ ........_5.1-52 Bonds and Insurance --in general. _,. 5 Builder's risk "all-risk" policy form ......... ...... 5.6.2 Cancellation Provisions, Insurance...._.. 5.4.11, 5.8, 5.15 Cash Allowances._...._.., Certificate of Substantial Completion, ..... .138, 6.30.2.3, . ..._......_ .......... ......._14.8, 14.10 Certificates ofInspection .._........... ...... 9.13.4, 13.5, 14.12 Certificates of Insurance ...... ,I......2.7, 5.3, 5.4.11, 5.4.13, ..... .__............5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances......._.............._....................._11.8 claim for price adjustment,, . ,.4.1, 4.2.6, 4.5, 5,15, 6.82, 9.4 _..,....., 5, 9.11, 10 2, 10.5, 11.2, 13.9, _._......_1313, 13.14, 14.7, 15 1, 155 CONTRACTOR'S fee......... __ .,... .............. I L6 Cost of the Work general, . ........ ........ IIA-1 L 7 Exclusions to,.. .......... 11.5 Cost Records ....,__...,...,_,_,11.7 ............................... in general„__._.,....1.19, L44, 9.11, 10.42, 10,4.3, 11 Lump Sum Pricing...._......_.. _......__ ...............11.32 Notification of Surety „ . _ 10.5 Scope of _ _ 10 3-10A Testing and Inspection, Uncovering the Work. _....... _.. _........ _... .... 13.9 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDMOM) w/ C7TY OF FORT COLLINS MODIFICATIONS tItEV 9/99) Unit Price Work ....... ..............._...._.........,,.11.9 Article or Paragraph Number Value of Work ..................... _..... _........ _......._ 113 Change in Contract Times - Claim for times adjustment. ....... .1, 4.2.6, 45, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits................................._..12,2 Delays beyond CONTRACTOR's control ...... ............. . ._......... -- . 12.3 Delays beyond OWNER's and CONTRACTOR's control..... ..... ........ . 2.4 Notification of surety ......................... 10.5 Scope of change ................ ..... _..... 103-10A Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Documents ...... _............. . _. 3.5 Cash Allowances .... ...... .... ....... 11.8 Change of Contract Price, ..,.,_........ _....... ......... 11 Change of Contract Times .......... ..... _........12 Changes in the Work._ _. ...... _l0 CONTRACTOR's fee _....,... . ...................... 11.6 Cost of the Work ...... .......... .........._11.4-11.7 Cost Records ...... ............ ...._........ ...... . 11.7 definition of_. -.- ._....... 1.9 emergencies ...... .............. .....,. _ _,....6.23 ENGINF,ER's responsibility. ........ 9.8, 10.4, 11.2, 12.1 execution o1_._..... ...... ........... ....__........_.._... 1Q4 Indemnifiction ......................... 6.12, 6,16, 6.31-633 Insurance, Bonds and ................ ...._ 5.10, 5.13, 105 OWNER mayterm mate...._..,_-. __........ 15.2-15.4 OWNER's Responsibility. _.. .. ........... 6, 10.4 Physical Conditions -- Subsurface and,........._ .............._...-..... _.....4,2 Underground Facilities-............ 4.3.2 Record Documents_.,.,. ._,,.,.._. 6.19 Scope of Change . ......... ................._......10.3-10.4 Substitutes......__ ..._ ................._67.3, 6.82 Unit Price Work......_......................_.._...........11.9 value of Work, covered by .... ,.... ........... 11.3 Changes in the Work. _..,., 10 Notification ofsurety__...... ..... ,_....... ..... _....... lo.5 OWNER's and CONTRACTOR's responsibilities......... _..... _.... _.....................10A Right to an adjustment ](I., - Scope of change ,.,.,.... 10 3-10.4 Claims -- against CONTRACTOR..........._ .. ................6.16 against ENGINEER .... against OWNER ....... _._...... _ _.......632 ..............9.4, Change of Contract Price ._.... _1L2 Change of Contract Times 9.4, 121 CONfRACTOR's.,..... 4, T1, 9.4, 9.5, 9,11, 10.2. ..........__............11.2, 11.9, 12.1, 13.9, 14.8, ..........._..........-__..._..,..._.15.1, vi 15.5, 17.3 CONTRACTOR's Fee ... _.......................... _.. 11.6 Article or Paragraph Number CONTRACTOR's liability ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work, ......... .....-...._._.........__11.4, 11.5 Decisions on Disputes, ..... .......... ............. 9.11,9.12 Dispute Resolution......... .......................... ....... _ 16.1 Dispute Resolution Agreement... ......... 6.1-16.6 ENGINEER as initial interpreter. _............... ..... 9.11 Lump Sum Pricing.........................................11.3.2 Notice of _._............_............... ................. .. _17.3 OWNER's.................. .9.4, 9.5, 9.11, 10.1 11.2, 11.9 12 1 13 9 13 13 13 14 173 OWNER's lability _ _.,,..._ 5.5 OWNER may refuse to make payment, .......... ,.,... 14.7 Professional Fees and Court Costs Included................................ _.................17.5 request for formal decision on...,....,_„ ............._9.11 Substitute Items .. ................_,....__..__,_...,.6.7.1.2 Tim eExtension .., _.12.1 Time requirements ......, ......... ,....... _9.11, 12.1 Unit Price Work. ............................... .,.,.11.9.3 Valueof._...._.................._..........._......_...._...11.3 Waiver of --on Final Payment .......... 14.14, 14.15 Work Change Directive -1.2, 12.1 Clarifications and Interpretations._.,,.,,_.. 3.6.3, 9.4, 9.11 CleanSite......._......._............................._.........6.17 Codes of Technical Society, Organization or Association ............._.................................. 3.3.3 Commencement of Contract Times ................... 2.3 Coin m unications-- general....... ........ ............................. 6.2, 6.9.2, 8.1 Hazard Communication Programs....... _, ........ ,. 6.22 Completion -- Final Application for Payment ................. _.,..... 14.12 Final Inspection ............. .... .14.11 Final Payment and Acceptance.._.__..,_.,..14.13-14.14 Partial Utilization... ..._ ......................... _...... 14.10 Substantial Completion..,.,, _ _..... __,.1.38. 14.8-14.9 Waiver of Claims „_._-.,.....,,14.15 Computation of Times _...... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others...__..........._..._......................6.8-611 Conferences -- initially acceptable schedules...,,_ .... .......... . ._ 2.9 preconstruction _...... _. ......... ....................... 2.8 Conflict. Error, Ambiguity, Discrepancy -- CONTRACTOR to Report _...... ,... ... 2.5, 3.3.2 Construction, before starting by CONTRACTOR, .......... . Construction Machinery, Equipment, etc, ...... ,.6A Continuing the Work ,....,__ „ 6.29, 10.4 Contract Documents -- Amending... . .. ..... .... .. ... -5 Bonds 5 1 EJCDC GENERAL CONDITIONS 19I0-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICA11ONS (REV W99) Cash Allowances, ............ ..............11.8 Stop Work requirements,.... CONTRACTOR's- Article or Paragraph Number Change of Contract Price.,,_......_.._,.,_,....... Change of Contract Times..,__ ............... Changes in the Work ..................... .......... I check and verify .............. ................ Clarifications and Interpretations ...... ___.......... _._.... .2, 3.6, definition of ENGINEER as initial interpreter of.... . ......... ENGINEER as OWNER's representative.,...,. gencra13 Insurance.................................................... Intent ....................................................... minor variations in the Work._._..,,,,,..__....._ OWNER's responsibility to furnish data ...... _ OWNER's responsibility to make prompt payment ..........................8.3, 14, precedence.. ....... ................3. Record Documents ...................... Reference to Standards and Specifications of Technical Societies Related Work.. _ ... _ Reporting and Resolving Discrepancies ....... Reuse of. Supplementing ,_,......__. Termination of ENGINEER s Employment.... Unit Price Work variations... .... ........................_ 3.6, 6. Visits to Site, ENGINEER'S ............._„_...., Contract Price-- adjustment of..._„ ...... . 3.5, 4.1, 9.4, 1Q3, 1 Change of_.,,, ....... . ......................... Decision on Disputes ............. _......... _, definition of ................................................. Contract Times-- adjustment of........_.................3.5, 4A, 9.4, Changeof .............................................. 1 Commencement of ................................... definition of,..,... _ ......,_ CONTRACTOR-- Acceptance of Insurance .......... _........ ..,. Comm unications Continue Work.......__............__.. _. coordination and scheduling „_...........__.__ definition of.. .__,_,........ Limited Reliance on Technical Data Authorized May Stop Work or Terminate, provide site access to others_.,,.,__ _ 7. Safety and Protection_,_ _ 4.3.1.2 6.1 11 12 0.4-10.5 ...... 2.5 9A, 9.11 1.10 9,11 9.1 4, 14.13 1, 3.3.3 3.3 7.2 2.5, 3.3 3.7 3.6 8.2 I L9 23, 6.27 9.2 1 .2-113 .... Al 9,11 1.11 ' L0.3, 124 .1-12 .3 1 12 5 14 2, 6,9.2 29, 10.4 .6.9.2 1.13 4.?.2 15.5 2, 132 6, 6.18, _. ..... ... ...... 6.21-6.23, 72, 13.2 Shop Drawing and Sample Review Prior to Submittal 4.5.2 Article or Paragraph Number Compensation..............„............................11.1-11.2 Continuing Obligation_...................................14.15 Defective Work_ ........ .................._ 9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report-- Changes in the Work caused by Emergency....... -- ................... _........ _ . 6.23 Defects in Work of Others ............. _. _...... _..... 7.3 Differing conditions_._..._.._....__.....4.2.3 Discrepancy in Documents , ..... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated.._.._...,,43.2 Emergencies ............................... 6,23 ...................... Equipment and Machinery Rental, Cost of the Work...... _......... _. _.....................1 L4.53 Fee --Cost Plus . ....... .....__... ..... ,11-4.5.6, 11.5.1, 11.6 General Warranty and Guarantee..., 6.30 Hazard Communication Programs ...,..... ....6.22 Indemnification 1..__„_.,...._.....1. 6.12, 6.16, 6.31-6.33 Inspection of the Work_. ,. _ 7.3, 13.4 Labor, Materials and Equipment ...... _..... 6.3-6.5 Laws and Regulations, Compliance by......, _ 6.14A Liability Insurance_ ....... _ Notice of Intent to Appeal ..._..... ___.......... 9.10, 10.4 obligation to perform and complete theWork..............................__......_...._.6.30 Patent Fees and Royalties, paid for by................6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by ..... ,..,_........__0.13 Progress Schedule,,,..,..., __..._ 2.6, 2 8, 2.9, 6.6, _.. ........I ....6.29, 10.4, 15.2.1 Request for formal decisionon disputes .............. 9.11 Responsibilities-- Changes in the Work.., .. ....._... 10.1 . ............ . Concerning Subcontractors, Suppliers and Others.__.........._.........._....6.8-6.11 Continuing the Work ..........................6.29, 10A CONTRACTOR's expense, ............ _, .....67.1 CONTRACTOR's General Warranty and Guarantee............__.,......__._,.._...6.30 CONTRACTOR's review prior to Shop Drawing or Sample submittal l......._....... 6.25 Coordination of Work 6.92 Emergencies .................. _...................... _.. 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items, __.__...... 6.Z3 For Acts and Omissions of Others,,. _ ......, _,_.... 69A-6.9.2, 9.13 for deductible amounts,insurance 5.9 general _..... ... .....6, 72, 7.3, 8.9 Hazardous Communication Programs„_...._„622 Indemnification ....... 6,31-6.33 FXDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CIn OF FORT COLLINS MODIFICA'r10NS (REV 9/99) FXDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CIn OF FORT COLLINS MODIFICA'r10NS (REV 9/99) Labor, Materials and Equipment.... .... _ .... 6.3-6.5 Laws and Regulations ...... ................- ........ .6.14 Liability Insurance. ......._ ._ _,......... .4 Article or Paragraph Number Notice of variation from Contract Documents....., ....... ...... ............. ....... .., 6.27 Patent Fees and Royalties . ............................ 6,12 Perm its ..... . ................... ............................. 6.13 Progress Schedule..._ .................. _................6.E Record Documents...... ........... ......_......6.15 related Work performed prior to ENGINEER's approval of required submittals .................................... _....... 6.28 safe structural loading .......... ............ 6.18 Safety and Protection ... .................6.20, T2, 13.2 Safety Representative .......... .. . ............ .. ....... . 6,21 Scheduling the Work ... ,._........ ...................6.9.2 Shop Drawings and Samples_ . ................. _... .24 Shop Drawings and Samples Review by ENGINEER ......... Site Site Cleanliness ................. ........ . 6.17 Submittal Procedures,. ............... ,6.25 Substitute Construction Methods and Procedures 6.7.2 Substitutes and "Or -Equal" Items ....6,71 Superintendence ...... .. ..... ___...,_._.,.___....,,.,..6.2 Supervision............................. _....... ............ 6.1 Survival of Obligations,. __.......................... 6,34 Taxes_., 6.15 Tests and Inspections,,, , .... ., .......... 13.5 To Report ... _...... _ 2.5 Use of Premises ......... _ ._.,6.16-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ..............._....................... 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim...., .,,,_p, 7.1, 9A, 95, 9,11, 1O.2,11.2, ... ,.._, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 173 Safety and Protection ................ 6.20-6.22, 7.2, 13.2 Safety Representative.. ... Shop Drawings and Samples Submittals _ _,6.24-6.28 Special Consultants_ .................... 11.4A Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense ... ...__.......... ...... .... ......... 6.7.1, 6.7.2 Subcontractors, Suppliers and Others,„...., 6.8-6.11 Supervision and Superintendence6.1, 6.2, 6,21 Taxes, Pavment by..... 6.15 Use of Premises..._, 6.16-6.18 Warranties and guarantees ,,. _ 6.5, 6,30 Warranty of Title.,, 143 Written Notice Required -- CONTRACTOR stop Work or terminate.., 15.5 Reports of Differing Subsurface and Physical Conditions ...... ,.,___,..,.... 4,23 Substantial Completion. Nih 14.8 CONTRACTORS --other...,,., Contractual Liability Insurance ............ . ......... . .. . . . . 5.4.10 Contractual Time Limits ..... ....,...12.2 Article or Paragraph Number Coordination-- CONTRACTOR's responsibility ........... ........... 6.9.2 Copies of Documents ....,,.,... 2.2 Correction Period ......................... _....... _..............13.12 Correction, Removal or Acceptance of Defective Work-- in general ....... ................. _....... ...10.4.1, 13.10-13.14 Acceptance of Defective Work... __.............. ... 13.13 Correction or Removal of Defective Work..._ ....................__,.... 6.30, 13.11 Correction Period .............. _.......... _..__.. _......13.12 OWNER May Correct Defective Work ..... ........ 13 14 OWNER May Stop Work .... ...... _. _.. ....-..13.10 Cost -- of Tests and Inspections_,...__., _.........,,, 13.4 Recordsl1.7 Cost of the Work -- Bonds and insurance, additional ............ ..11.4.5.9 Cash Discounts 11.4.2 CONTRACTORSs Fee Employee Expenses ...., 11.4.5.1 Exclusions to............_.......................................11.5 General 11.4-11.5 Home office and overhead expenses ................. J LS Losses and damages ................... 11.4.5.6 Materials and equipment.... .._ .....11.4.2 Minor expenses.... _......... _............ _............11.4.5.8 Payroll costs on changes.., ... 11A4 l performed by Subcontractors _ 1 L43 Recordsl 1.7 Rentals of construction equipment and machinery.......................................11.4.5.3 Royalty payments, perm its and license fees .......__............ _........_......_.11.4.5.5 Site office and temporary facilities ,.,... ..... 11 A.5.2 Special Consultants, CONTR4CTOR's 11 4.4 Supplemental .... _..... _ 11 AS Taxes related to the Work-_„_.._.... 11.4.5.4 Tests and Inspection,_,..,,_..., ._...__._13.4 Trade Discounts.._..._..._..._............_..........._11.4.2 Utilities, fuel and sanitary facilities,... 11A5,7 Work after regular hours _... _.,...... 11A.1 Covering Work, ........ .. ..... 13.6-13.7 Cumulative Remedies ITA-17.5 Cutting, fitting and patching _ 7.2 Data, to be furnished by OWNER 8.3 Day --definition of,_ 17.2.2 Decisions on Disputes .. ........ ......... .... 9.11, 9.12 defective --definition of __....... _1 14 defective Work_ Acceptance of ................104.1, 13.13 EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION w/ CITY OF FORFCOLLINS MODIFICATIONS (REV 9/99) Correction or Removal of ........... ....... .__ 10.4.1, 13.I1 OWNER's Representative.,..,......_.,.__....,.,.., .9.1 Correction Period ......... ........... _.... 13.12 Payments to the CONTRACTOR, . in general......,,.,,__....................._..13, 14.7, 14.11 Responsibility for ......... _....... _....... 9.9, 14 RecommendationofPayment ...... ...........14.4, 14.13 Article or Paragraph Numher Article or Paragraph Number Observation byENGNEER...,,,................ . 9.2 OWNER May Stop Work ......... . ...... _ _ . _... _ _ 13,10 Prompt Notice of Defects ................... . ...... .........13.1 Rejecting........................................... -....... ....9.6 Uncovering the Work ....................................... 13.8 Definitions _. 1 Delays ..._...................... _........4.1, 6.29, 12.3-12.4 Delivery of Bonds, ... ........ .... .......................... . 2.1 Delivery of certificates of insurance_,_ ............. .__... 2.7 Determinations for Unit Prices _., ---9,10 Differing Subsurface or Physical Conditions -- Noticeof..., ................................-...................4.2.3 ENGINEER's Review .......... _.......................... 4.2 4 Possible Contract Documents Change...............4.2.5 Possible Price and Times Adjustments..............4 2.6 Discrepancies -Reporting and Resolving ... .... ........ ............. ..2.5, 3.3.2, 6.14.2 Dispute Resolution_ Agreement ....._._ _.........._ ___........ ._16.1-16.6 Arbitration... _ 16.1-16.5 gencra116 Mediation..._ ............._.................__._...._..._. 1,6.6 Dispute Resolution Agreement ..................... 16.1-16.6 Disputes, Decisions by ENGINEER ....... ...., 9.11-9.12 Docum ents-- Copies Of.. . ........... .............. ... 2. Record 6.19 Reuse of ............. ..................... ._. 3.7 Drawings--definitionof,....... _ _.... ...__,1,15 Easements 41 Effective date of Agreem ent -- definition of... ....1.16 Emergencies_....... _ ......................................... 6.23 ENGINEER -- as initial interpreter on disputes. . ....... 9.11-9.12 definition of .................. .__... 1,17 Limitations on authority and responsibilities,..., 9.13 Replacement of, ..... ,.... ,.......... ,._..._ ..._„ 8.2 Resident Project Representative 9.3 ENGINEER's Consultant -- definition of. .................... 1-18 F.NGINEER's-- authority and responsibility, limitations on, ...9,13 Authorized Variations in the Work- __..., ............ 9.5 Change Orders, responsibility for. ,,,9.7, 10, 11, 12 Clarifications and Interpretations ..............3.6.3, 9.4 Decisions on Disputes___ defective Work, notice of 13.1 Evaluation of Substitute Items ...... 6.73 Liability.... ... _ 632, 9.12 Notice Work is Acceptable.__„_..,.,______,,....__,_14.13 Observations. _.__..........._6.30.2, ..................... 9.2 Ix Responsibilities --Limitations on ............... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ... _................ _....... .2.4 Shop Drawings and Samples, review responsibility ................ ...__.... ...... ..._6.26 Status During Carstruction-- authorized variations in the Work .................... 9.5 Clarifications and Interpretations ..................9.4 Decisions on Disputes ..... ,...... _........ ,.,. 9.11-9.12 Determinations on Unit Price ........................ 9.10 ENGINEER as Initial Interpreter..,.. _,..,9.11-9,12 ENGINEER's Responsibilities . .. ...... .... . 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities .............. 9,13 OWNER's Representative..,...,._ ...9.1 Project Representative.....,, _... _,..... __,_........ _,9.3 Rejecting Defective Work........... _....... .... ..... 9.6 Shop Drawings, Change Orders and Payments...... . _. ... _ 9.7-9.9 Visits to Site.......... Unit Price determinations.... „ 9.10 Visits to Site 9.-2 Written consent required ....................... 7.2, 9.1 Equipment, Labor, Materials and._ ...... .............. .. Equipment rental, Cost of the Work .................. 11.4.5.3 Equivalent Materials and Equipment,.,. . . .. 6.7 .............. error or omissions Evidence of Financial Arrangements _. _6.33 .._ 8.11 Explorations of physical conditions ...... .. . . . ........... 4.21 Fee, CONTRACTOR's-Costs Plus . _........ ....... 11.6 Field Order -- definition of ................ 1.19 issued by ENGINEER ................. .. 161, 9.5 Final Application for Payment.___ _ ..... _14.12 Final Inspection...., __. _. 14,11 Final Payment and Acceptance ...................... _...... ... 14,13-14 14 Prior to, for cash allovances,.......... 11.8 General Provisions.......__,17.3-17.4 General Requirements -- definition of......_.......... _.._._............__....120 principal references to ..... _2.6, 6 4, 6.6-6.7, 6,24 Giving Notice..,.. _ _,..... I T I Guarantee of Work --by CONTRACTOR 6.30, 14.12 Hazard Communication Programs Hazardous Waste -- definition of ........... ... .. _1.21 general 4 5 OWNER s responsibility for_,,. _. S.lo EJCDC GENERAL CONDITIONS 1910-9 (1990 EDITION) w/ 0TV OF FORT COLLINS MODIFICA'11 ONS (REV 9/99) Indemnification,,,....__............._....6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ............. .._.._.._....___,,.2.9 Inspection— Certificates of ......... _..................9.13.4, 13.5, 14.12 Final ...... ......... I ... 14,11 Article or Paragraph Number Special, required by ENGINEER ........................ 9.6 Tests and Approval..... ........ 8.7, 13.3-13.4 Insurance -- Acceptance of, by OWNER.,. _ _............. _ _. _ _.5.14 Additional, required by changes in the Work......._....._........ _.................11.4.5.9 Before starting the Work, ........ ...........................23 Bonds and --in general.._ ...........................__._... 5 Cancellation Provisions ................._.,,, .5.8 Certificates of ........... 2.7, 5, 5 3, 5.4.11, 5AA3, ...__,. 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ................._......,____., ,.5.4,13 CONTRACTOR's Liabilitv ................................... 5A CONTRACTOR's objection to coverage.............5.14 Contractual Liability ................... I................. 5.4.10 deductible amounts, CONTRACTOR's responsibility_ .._...._.,_____ _ ..5.9 _ Final Application for Payment ..... ,_ �.......... 14.12 Licensed Insurers.._ .5.3 Notice requirements, material changes ... 5.8, 10.5 Option to Replace........ _ ................. _ ............... 5.14 other special insurances.......,,_... _.....__ 5.10 OWNER as fiduciary for insureds. .......... .... 5.12-5.13 OWNER's Liability ........ 5.5 OWNER'sResponsibility ..... .,.._,._..,._8.5 Partial Utilization, Property Insurance ..... .. ....... . 5.15 Property ...... ......._.. .............. ).6-5.10 Receipt and Application of Insurance Proceeds ............... _. _......... _.... _...... _.5.12-5. l3 Special Insurance ......................... _ _............. _. 5.10 Waiver of Rights... _................... _.......... _........5.11 Intent of Contract Documents.,.... ..... 3.1-3.4 Interpretations and Clarification, s__...... ,_,._.....16.1 9.4 Investigations of physical conditions ........ ................. 4.2 Labor, Materials and Equipment, ..... _ 6.3-6.5 Lands-- andEasements.,_,._....._, _._........_......8A ............... . Availability of..__ ...... _................_._..........4.1, 8.4 Reports and Tests ...................... . Laws and Regulations --Laws or Regulations -- Bonds.......... ......... .._........._...........5.1-5.2 Changes in the Work ... .„. ...... .._._....___10.4 Contract Documents, ............... . ........ _ _ _......... _ 3.1 CONTRACTOR's Responsibilities ... ..... .......... .6,14 Correction Period, defective Work..,.,____..,... 1112 Cost of the Work, taxes _... 1 L4 5.4 definition of .................122 general6-14 Indemnification ,.. 6.31-6.33 Insurance...........................................................5.3 Precedence .................. ....... ............. _....._.3.1, 3.3.3 Reference to................._.................................3.3.1 Safety and Protection_ ......................_.,... 6.20, 13.2 Subcontractors, Suppliers and Others, ..... I ... 6.8-6.11 Article or Paragraph Num ber Tests and Inspections„............._.............._.13.5 Use of Premises ...... ........ 6.16 Visits to Site................._....................................9.2 Liability Insurance-- CONTRACTORs...............................................5.4 OWNER'S ......................_.....-.. _......_............._.5.5 Licensed Sureties and Insurers..._ .................... 5.3 Liens -- Application for Progress Payment .. .. . . . . ......... .. .. . 14.2 CONTRACTOR's Warranty of Title .............. ....143 Final Application for Payment_ ............. ..,1.4.12 definition of ........................................ 1.23 Waiver of Claims....... _.......................... _......,14.15 Limitations on ENGINEER's authority and responsibilities,,, .......... .......... .........9.13 Limited Reliance by CONTRACTOR Authorized ...__....._......._ .... .... _...._..... _.._...4.2.2 Maintenance and Operating Manuals -- Final Application for Payment. 14.12 Manuals (of others)-- Precedence.........._....................................... 1.3.3.1. Reference to in Contract Documents. ................... 3.3.1 Materials and equipment-- furnishedbyCONTRACTOR ......._,_„__............... 6.3 not incorporated in Work_........._ 14.2 Materials or equipment --equivalent..,,,.__.......... .6.7 Mediation (Optional).... ..... ...............................16.7 Milestones --definition of......-- .............. 1.24 Miscellaneous -- Computation of Times ..._._......._................ ......17.2 Cumulative Remedies.... _.................... _.......... 17.4 Giving Notice...... _........ ..... _.......... _. 17.1 Notice of Claim .........._...................................17.3 Professional Fees and Court Costs Included 175 Multi -prime contracts_ ............._ ........... 7 Not Shown or Indicated,.. ................. . 43.2 Notice of -- Acceptability of Project..... _..... .................. _....14 13 Award, definition of __ ......................__._......._ 1.25 Claim .....___..... Defects,13.1 Differing Subsurface or Physical Conditions,,,__ 4.2.3 Giving ___.._. 171 Tests and Inspections...,., 133 Variation, Shop Drawing and Sample_,_,,._.., _6,27 Notice to Proceed -- definition of .........._,126 giving of., . .. ...._........................ 2.3 .............. F.]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION) w/ CI Y OF FORT COLLINS MODIFICATIONS IRE V 9/991 Notification to Surety ............ _.1... ,_ .... ,....... ._.___..10.5 Observations, by ENGINEER ............ ..............6.30, 9.2 Occupancy of the Work. 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR, ....... ...... 6.9,9.13 Open Peril policy form, Insurance ........................5.6.2 Option to Replace.......... _... _............... _................ 5.14 Article or Paragraph Number "Or Equal" Items ........... ........... .._... ................. ....... 6.7 Other work 7 Overtime Work --prohibition of ........ I ......... ................ 6.3 OWNER -- Acceptance of defective Work.._ ....... _.,,,,.__....... 1.113 appoint an ENGINEER. _....... _......................... 8.2 as fiduciary ..... ............ ..............................5.12-5.13 Availability of Lands, responsibility ..... ................ .1 definition of ._.......,__....... ............................. 1.27 data, furnish ...................... ...... .......................... 8.3 May Correct Defective Work ...... ..... . .. ........ ....13.14 May refuse to make payinent...................... 14.7 May Stop the Work. ...... 13.10 May Suspend Work, Terminate ,.,,,.,...._._._...... __.8.8, 13.10, 15.1-154 Payment, make prompt..._.__.....__„_83, 14.4, 14.13 performance of other work... _ 7.1 permits and licenses, requirements _.___„_,.....,.6.13 purchased insurance requirements _... ,... 5.6-5.10 OWNER's-- Acceptance of the Work ..._... ,..,............. _ 6.302.5 Change Orders, obligation to execute........ 8.6, 10.4 Communications . ............8.1 Coordination of the Work..,,,_..........._._........_.. T4 Disputes, request for decision,,,,, .., .9.11 Inspections, tests and approvals...................8.7, 13A Liability Insurance...,,,_...... - Notice of Defects.__ .. ....... ... ........... _..,.___....,.,13.1 Representative --During Construction, ENGINEER's Status ...................................... 9.1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders ...... _..................._..........__, 8.6 Changes in the Work,....,, ........_10.1 communications... CONTRACTOR'sresponsibilities,,, ......,., 8.9 evidence of financial arrangements..............R.11 inspections, tests and approvals ............... 8.7 insurance g.5 lands and easements, ........... _ ._...... 8.4 prompt payment by, . ... _.... __....__..83 replacement of ENGINEER... _ 82 reports and tests ......... ........_............_.........,.8.4 stop or suspend Work _ ..,..., 8.8, 13.10, 15 1 terminate CONTRACTOR's services ...... .... ........ ...._._......... _.._ 8.8, 15.2 separate representative at site ............................ 9.3 testing, independent.......... use or occupancy of the Work................. written consent or approval required ....................... 13.4 5.15, 6.30.2.4, 14.10 9.1, 6.3, 11.4 %i EJCDC GENERA[. CONDITTONS 1910-8(1990 EDITION) w) 0TY OF FORr COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Num ber written notice required .........................7.1, 9.4, 9,11, ..................................11.2, I1.9, 14.7, 15.4 PCBs -- definition of . ..... _..... 1.29 general.... .................................... ...................4.5 OWNER's responsibility for .......... ....................8.10 Partial Utilization -- definition of ..._._..._.,_1.28 general6.30.2.4, 14.10 Property Insurance......._ ...... .... ..._ _................5.15 Patent Fees and Royalties, ....... ........ ........ ....6.12 Payment Bonds .............. 5.1-5.2 Payments, Recommendation of ............ 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments ......................14.2 CONTRACTOR's Warranty of Title ............ ......14.3 Final Application for Payment ..........................14.12 Final Inspection..............................................14A I Final Payment and Acceptance ............... 14.13-14.14 general. ................. .......... ..... _.._..._........... ,8.3, 14 Partial Utilization ..... ,... ,... ._............. . ........... . .14.10 Retainage.,_.......... .,_...14.2 Review of Applications for Progress Payments .. ............... ............14.4-14.7 prompt payment ........................ ............... .........8.3 Schedule of Values, ......... __ ..........._..._........._14.1 Substantial Completion.__.......,,,_,. ......... Waiver of Claims, _.......... ....14.15 when payments due.._.. _.. .. 14.4, 14 13 withholding payment--..... ......... ... ....... ..... 14.7 Performance Bonds._...._....................................5.1-5.2 Permits _...... _ ............................................... ...,6.13 Petroleum definitionof............................._............_....._1.30 general.............................................................. 4.5 OWNER's responsibility for._._ ... ..__,._.......,,.,.$.10 Physical Conditions -- Drawings of, in or relating to. ... ........... .....,_. 4.2.12 ENGINEER's review.......... existing structures _ ......... .......... 4,2.2 general 42.1 ....... ......... Notice of Differing Subsurface or ........... __ ......... 42.3 Possible Contract Documents Change................4.2.5 Possible Price and Times Adjustments ........4.2.6 Reports and Drawings...... _. .......... _ _ _-.. _. _4.2.1 Subsurface and,._ ....... _....................42 Subsurface Conditions......._._..........._....-.._.4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized..._.... _. _. ,... 4.2.2 Underground Facilities— general...... ............. ._.... .... ............_.........4.3 Not Shown or Indicaed._._...... ....._._....._14.3.2 Protection of _..,.,.4-3, 6,20 xii Article or Paragraph Number Shown or Indicated ............................................... 4.3.1 Technical Data .............................................. 4.2.2 PreconstructionConference.., ......... 2.8 Preliminary Matters _,... _.......2 Preliminary Schedules . . .... ...... . ................................. 2.6 Premises, Use of ... _........ _..............................6,16-6.18 Price, Change of Contract ............................. „ I1 Price, Contract --definition of.. 1.11 Progress Payment, Applications for....... _, Progress Payment--retainage.._ _-_,.14.2 Progress schedule, CONTRACTOR'S.._.... . 2.6, 2.8, 2.9, _.... 6.6, 6.29, 10.4, 15.2.1 Project --definition of _ ..._ ............................... _.......1.31 Project Representative— ENGINEER's Status During Constructioq. _...... _..,9.3 Project Representative, Resident --definition of. ... 1.33 prompt payment by OWNER .... ................ ................. 8.3 Property Insurance -- Additional .................. ............ _.....5.7 general5.6-5.10 Partial Utilization ..,.,_.........._,._......__5.15, 14.1R2 receipt and application of proceeds ... .......... 5.12-5.13 Protection, Safety and. .... ... ___,... 6.20-6.21, 13.2 Punch list ........... _....,_14.11 Radioactive Material— defintion of.,.... 1.32 general4.5 OWNER's responsibility for ..... .......... 8.10 Recommendation of Payment. ................ 14 4, 14.5, 14.13 Record Documents ............... ...................... ..6.19, 14.12 Records, procedures for maintaining ........... ....... ,..... 2.8 Reference Points.......................................................4.4 Reference to Standards and Specifications of Technical Societies ........................ 3.3 Regulations, Laws and(or)......................................6.14 Rejecting Defective Work . ...... Related Work-- atSite.........................._.....................TI-7.3 Performed prior to Shop Drawings and Samples submittals review, .... ..... .......... 6,28 Remedies, cumulative_......................_...17.4, 17.5 Removal or Correction ofDefective Work _ ... __ .13.11 rental agreements, OWNER approval required ..... 11.4.5.3 replacement of ENGINEER, by O WNF,R......... ...... . . 82 Reporting and Resolving Discrepancies...... 2-5, 3.32, 6-14.2 Reports -- and Drawings ..... ........... ._._..........._..........__ 42.1 and Tests, OWNER's responsibility,..... _ _ _ _, _„_ _ _ _ 84 Resident and Project Representative -- definition of, _......... ..__._........__........_..._._.. 1.33 provision for _ ....._....... 9.3 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS IREV 9/991 Article or Paragraph Number Resident Superintendent, CONTRACTOR's................6.2 Responsibilities— CONTRACTOR's-in general., ...... ........ 6 ENGINEER's-in general.....__,,,, ........_....._.....5 Limitations on.............................................9 13 OWNER's-in general, Retainage.......................... ........ .._............. ......... 1.4.2 Reuse of Documents ............... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ........................6.25 Review of Applications for Progress Payments......................_.............14.4-14.7 Right to an adjustment... ,__.,..___.,_...__.___..,.._ ..... ,10,2 Rights of Way.........................................................4.1 Royalties, Patent Fees and ......................................6.12 Safe Structural Loading ..............................._.. 6.18 Safety -- and Protection... ....................... ,..4.3.2, 6.16, 6.18, _._........ ........ .__.......,,6.20-6.21, 7.2, 13.2 general ............ _....... _...... _..... _.............. 6.20-623 Representative, CONTRACTOR'S Samples-- definitionot__ ,_ __,,. 1.34 general ................. ............. ...................... 6.24-6.28 Review by CONTRACTOR .......... ..................6.25 Review by ENGINEER.. _.......... _ ... _ _.. _.....6.26, 6.27 related Work ............................. ............. . _ 628 submittal of........................._............._......._6.24.2 submittal procedures ... ........... . 6.25 Schedule of progress_ ........... ..... 2.6, 2.8-2.9, 6.6, _... _.1 _629, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals........................_,...2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........ .............._.......2.6, 2.8-2.9, 14.1 Schedules -- Adherence to. ....... .... ... . .... 15.11 Adjusting, ....... ......... .... ........ ....... ......................6.6 Change of Contract Times, Initially Acceptable ........ ._ 2.8, 2.9 Preliminary. _ ...... ... _., ... 2.6 Scope of Changes ... ......... ........ ...... .......... 10.3-10A Subsurface Conditions___...,,,.,_ _, ,...____..,.._..4.2.1.1 Shop Drawings -- and Samples, general___..._......__....._..._624-6.28 Change Orders & Applications for Payments, and ..... _......... ............._._._._,.9.7-09 definition of ..,, .. _ 1.35 F.NGINEER's approval of ENGINEER's responsibility for review..........__ ....................... °.7, 6.24-6.28 related Work......_..........._.........._......_......_628 review procedures .............. _.,...2. 8, 6.24-6. 28 Yla Article or Paragraph Num ber submittal required...... _.............. ........... ............ 6.24.1 Submittal Procedures ....... .. ..... .. .. ... _ _....... _ _..6.25 use to approve substitutions ..._._,...... ...... ...... 6.7.3 Shown or Indicated,,,,,_...._ _.. _ 4.3.1 Site Access............._..............._....._........._._.7.2, 132 Site Cleanliness......................................................6.17 Site, Visits to — by ENGINEER...........................................9.2, 13.2 by others ................__ ___..._.-...__.._ ....... ...,13.2 "special causes of loss" policy form, insurance......................... _...... _..... 5.6.2 _............ definition of ................................ 1.36 Specifications— de6nation of .... .............. ........__._......_.....,_...1,36 of Technical Societies, reference to.....___.........3.3.1 precedence,. . ................. ......... ......3.3.3 Standards and Specifications of Technical Societies ..................__.,._.....__.,..._,,, 3.3 Starting Construction, Before ............. ...... Starting the Work .............. .. ................................. _._. �.4 Stop or Suspend Work -- by CONTRACTOR ...... ....... _ _._...15.5 by OWNER.__._..__. ..._......__. 8.8, 13.10, 15.1 Storage of materials and equipment ...... _.__4.1,72 Structural Loading, Safety ...... __........ _ ................ ...6.18 Subcontractor — Concerning. ........................ _....................0.8-6.11 definition of ............................ ..................... ....1.37 delays........... ................. .............. _._..._.._._.12.3 waiver of rights_ .. .............. _ 6.11 Subcontractors --in general..,..__,.___......... 6.8-6.11 Subcontracts --required provisions. ,._...... 5.11, 6.11, 11.4.3 Submittals -- Applications for Payment ...................._........... 14.2 Maintenance and Operation Manuals.............14.12 Procedures......_ .............._..._ ... ...,6.25 Progress Schedules .................... ................2.6, 29 Samples-, ............. ._........ ... .... .6,24-6.28 Schedule of Values ..... ...........__,_. ___ , 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions._ ...............__ ....... ......... 2.6, 2.8-2.9 Shop Drawings. _ .................................. 6.24-6.28 Substantial Completion -- certification of..___,.......__.___, ... .6.302.3, 14.8-14.9 definition of.....,___...,..... 1.39 Substitute Construction Methods or Procedures 6 T2 Substitutes and "Or Equal" Items .... 6.7 CONTRACTOR'sExpense .... , RNGINEER'sEvaluation... __ "Or -Equal'......._... ........ _6.7.I.1 Substitute Construction Methods EICDC GENERAL CONDITIONS 1910,8 (1990 EDITION) w! CFIY OF PORT COLLINS MODIFICA11ONS (REV 9199) Article or Paragraph Number or Procedures .............................................. 6.72 Substitute Items ............................................. 6.7.1.2 Subsurface and Physical Conditions -- Drawings of, in or relathg to... . ......... _ ........ 4.2.1.2 ENGINEER's Review ....................................... 4.2.4 general _ _......... _ 4.2 Limited Reliance by CONTRACTOR Authorized 4.2.2 Notice of Differing Subsurface or Physical Conditions..__...._.,......._,,,,..___„.._.4.2.3 Physical Conditions..._,,,_....,.__........_..-....._.4.2.1.2 Possible Contract Documents Change. .............. . 425 Possible Price andTimes Adjustments _,...,,.4.2.6 Reports and Drawings... _................... _ ....... _...4.2.1 Subsurface and ................................................ _.4.2 Subsurface Conditions at the Site...................4.2.Ll Technical Data,.. ......... _ ................ _.. 422 Supervision_ COiNTRACTOR's responsibility.......,,. _....... ....... 6A OWNER shall not supervise....................._.,._.___8.9 ENGINEER shall not supervise_.... ..9.2, 9.132 Superintendence, .,,.. „...... _ ......6.2 Superintendent, CONTRACTOR's resident _., 6.2 Supplemental costs .................. _ .................... _.... 11 A.5 Supplementary Conditions -- definition of...... .............. ...._...-. ............. . .....1.39 principal references to................11.10, 1,18, 2.2, 2.7, ............_......4.2, 4.3, 5.1, 5.3, 5.4, 5.6-59, _..,... 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Supplementing Contract Documents, -.......... ..........3.6 Supplier -- definition of......_.............................................1.40 principal references to .._,.... ,... 17, 6.5, 6.8-6,11.6.20, _......_...024, 913, 14A2 Waiver of Rights, ........ ...... ................................6.11 Surety -- consent to final payment... ........ ..,_..... .._ 14.12, 14A4 ENGINE ER has no duty to __.„_,...9,13 Notification of ,...,..._................ .....10.1, 105, 15.2 qualification ot:,._.................._.............._._5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, Oft'NERMay ._........__....,_13.10, 15.1 Suspension of Work and Termination- 15 CONTRACTOR May Stop Work or Terminate OWNER May Suspend Work..__ ..... . .... ..._15.1 OWNER lblay Terminate 15 2-15A Taxes--PaymentbyCONTRACTOR....... __,.. 615 Technical Data -- Limited Reliance by CONTRACTOR..., .,_.4.22 Possible Price and'fimesAdjustments 42.6 Reports of Differing Subsurface and Physical Conditions __...,.,____ ...................... xiv 42.3 Temporary construction facilities.... _. _.. _.. _, __... _„_,.... 4A Article or Paragraph Num ber Termination_ by CONTRACTOR ..................................... _..15.5 by OWNER ...................... _........... ..... 8.8, 15.1-15.4 of ENGINEER's employment .............................. 8.1_ Suspension of Work-in general .............................15 Terms and Adjectives „_....__„_,,...._,,,....._.,_..__„. _,.3.4 Tests and Inspections-- Access to the Work, by others..„_ ..... ........ ...13.2 CONTRACTOR's responsibilities ...... ......._..... ,.13.5 cost of 13.4 covering Work prior to ............... .............. 13.6-13.7 Laws and Regulations (or) ............... ................ 13.5 Notice of Defects ,,........, _..,.___. .,_ 13A OWNER May Stop Work.................................13 10 OWNER's independent testing ..........................13.4 special, required by ENGINEER .............. .........-9.6 timely notice required ....................................... 13A Uncovering the Work, at ENGIIVEER's request........... _.............................. ...13.8.13.9 Times -- Adjusting......_ ........ ..... 6.6 Change of Contract_,_._...._ _ 1, Computation of Contract Times --definition of,,..__...,,.„ ..............1.12 day ... 1222 Milestones.............._............................... _ .........1.. Requirements -- appeals ....................................__ .... 9.10, 16 clarifications, claims and disputes ... ,......... __9.11, 112, 12 Commencement of Contract Times., 2.3 Preconstruction Conference ............................. 2.8 schedules......_ ........................._ ._.2.6, 19, 6.6 Starting the Work..., ..... 2,4 Title, Warranty of.,...,,._........_......._....._...._...._...14.3 Uncovering Work .... .......... ................. ._....... ._13.8-13.9 Underground Facilities, Physical Conditions -- definition of....._...............__.......__............_.1.41 Not Shown or Indicated ...................................4.32 protection of.__......_........._..............._.....4.3, 620 Shown or Indicated........ _....... _.......... _...........4.3A Unit Price Work -- claims __......_ ........_...___.._.. 1,1,9.3 definition of .... ............. ........._ ...._,1.42 generall1.9, 14.1, 14.5 Unit Prices-- general11.3.1 Determination for...........__.......... Use of Premises ... _...................._ 6.16, 6.18, 630.2.4 Utility owners ..... ,_...... ,._,,..., _ 6.13, 620, 7.1-7.3, 13.2 Utilization, Partial . .............1.28, 5.15- 630.2.4, 1410 Value of the Work ................................... _ _._,..... 11.3 Values, Schedule of...., _ ?_6. 2.8-29, 14.1 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) W CITY" OF FORT COLLINS MODIFICAIIONS IRE V 9/99; 6055 Harmony and Ziegler Road Improvements Front Range Village Development Addendum #1 Revised Bid Schedule Prepared by: The City of Fort Collins • Engineering - Street Oversizing Program Dated: 6/15/2007 Item # Item Deaeri Uon Quantaty Unit Unit Cost Total Cost 210.08 Remove and Relocate Fence 820 LF 210-09 Remove PVC Fence Intact and Deliver to Owner 200 LF 210-10 Remove and Reset Mailbox 6 EA 304-01 jAgg Base Course -(Class 5 or 6 - 4" De th -CIP 1675t TON 304-02 Base Course - Class 5 or 6 - 10" De th - CIP 17965 TON 304-03 Gravel Shoulder - Class 5 or 6 Aggreegate base 6" Depth) 275 TON 304-04 Road Base for Dnvews Tie-ins 120 TON 306-01 Reconditioning 8" 31400 SY 306-02 Sidewalk Preparation 3297 SY 307-01 Fly -Ash - 12" Depth - 12% 8860 SY 403-01 Hot Bituminous Pavement - Grading S -100 - 2" Depth) -(PG 64-28 2033 TON 40342 Hot Bituminous Pavement - Grading S - 100 - 2.5" Depth) -(PG 64.22 2467 TON 403-03 Hot Bituminous Pavement - Grading SG - 100 - 4" Depth) -(PG 58-28 5440 TON 403-04 jAsphalt Leveling Course %Gradin S - 100 -(PG 64-28 23051 TON 403-05 Asphalt Hand Patching - Grading S - 100 - 3" - G 64.28 463 TON 401,06 As halt Hand Patchin - Gradin SG - 100- 7" De ih - PG 58.28 % 1055 TON 403-07 est oun amwny tour avemg - 20 ' x 6 on 5 - 28 720 TON 412-01 Concrete Pavement - 10" 8426 SY 412-02 - Enhanced Concrete Crosswalk -10"- Tile Red w/ Stamped Border 547 SY 506-01 D-50 Buried Ri -Ra , 6' To soil CIP Per Detail 4 EA 601-01 Concrete Retaining Wall with Footer and 6' Attached Block Wall 150 LF 601-02 Concrete Wall Extension with Guardrail 1 LS 603-01 18" RCP Class III 1128 LF 603-02 24" RCP Class III 141 LF 603-03 19"x30"HERCP Class III 236 LF 603-04 34"x53" HERCP Class III 323 LF 603-05 8" HDPE Pie 10 LF 603-06 18" RCP Class III FES 8 EA 603-07 19"x30" HERCP Class III FES 1 EA 603-08 Concrete Encasement 120 LF 603-09 16" RCP thin Retaining Wall 1 EA 603-10 Tie 34"x53" HERCP to Existing Concrete Irrigation Ditch - CIP 2 EA 603-11 Tie to Existing MH 3 EA 603-12 4" Median UndeNrein Pie Perforated 3640 LF 603-13 4" Median Underdmin Pia Solid 910 LF 603-14 4" Median Underdrain Clean Out 24 EA 603-15 4' Median U NS-ortn Sewar Tie-in (Core Drill and Conned- with Non shrink Grout 5 EA 604-01 5'Type R Inlet 3 EA 604-02 10'Type R Inlet 1 FA Variations in Work --Minor Authorized., ........ ....... ............. . .....6.25, 6.27, 9.5 Article or Paragraph Num her Visits to Site --by ENGINEER. ,..,,_,..._........... _,.,,._..... 9.2 Waiver of Claims --on Final Payment .................. .._14.15 Waiver of Rights by insured parties .............. _.5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ................................. _...........,6.30 Warranty of Title, CONTRACTORs.......... ..... _ _.... _14.3 Work-- Accessto._....._...._.___......._ . ...................... ..13.2 byothers,- ... - .................... ........ ...... ............. 7 Changes in the ...... ....... ......................._.............. 10 Continuing the ........ ................ ........................ 629 CONTRACTOR May Stop Work or Terminate__......_._......_.......-..._..._......15.5 Coordination of....__..,__......_..__,,,. .................... 7.4 Cost of the ............................ _.-.......... _.....11.4-11.5 definition of neglected by CONTRACTOR,.._ ...... ... other Work ....7 OWNER May Stop Work ............... _...............13.10 OWNER May Suspend Work ..... .. ......... . 13.10, 15.1 Related, Work at Site........ _. _-......7.1-7.3 Starting the,.. 2A Stopping by CONTRACTOR._...... Stopping by OWNER .......... ._...... ..............15.1-15 4 Variation and deviation authorized, minor........... 3.6 Work Change Directive -- claims pursuant to ......... ................ .._............._.102 definition of..............................._..........._....._.1.44 principal references to .......... ....... ,..,.3.5.3, 10.1-10.2 Written Amendment -- definition of.......... _.. _ ............... . ............... . ......1, 45 principal references to..............1.10, 3.5, 5.10,15.12, _....................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ............................ 11 2, 12.1, 11112, 14. 2 2 Written Clarifications and Interpretations.._._.,,,.._...__ 3.63, 9.4, 9.11 Written Notice Required-- byCONTRACTOR.._...... .._..... .7.1, 9,10-9.11, _ ........ _ ............. 10.4, 11.2, 12.1 by OWNER,..... .............. .10-911, 10.4. 112, 13 14 xv EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITT ON) w/ CJTY OF FORT COLLINS MODIFICA'R ONS tRFV 9i991 (W6 A9N) SNOu.5OIAMOIN SNI11OO INOH Ao --U1J /A' (NOIl1(19 0661) 8-0161 SNOIIIW[OD IVUHKM JQJfN (Xileuoyuolui xuelq Sal ailed SrgZ) ux GENERAL CONDITIONS ARTICLE 1--I)EFINITION5 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof. I.I. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. 4pplicatiion for Payment --The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents --The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements --The advertisement or invitation to Bid, instructions to bidders, and the Bid form. L& Bonds -Performance and Payment bonds and other instruments of security. 19. Change Order --A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10, Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds; these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the ETCDC GF,NERAL CONDITIONS 1910-8 (1990 E(fition) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents. 1.11, Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12, Contract Times —The numbers of days or the dates stated in the Agreement (t) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, Finn or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14, S or 14.10). 1.15. Drawings --The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effectve Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17 ENGINEER --The person, firm or corporation named as such in the Agreement L I S. ENGINEER's Consultant --A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions 1-19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements —Sections of Division 1 of the Specifications. L21. Hazardous Waste —The tern Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22.a. Laws and Regulations; Laws or Regulations --Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.22.b. Legal Holidays --shall be those holidays observed by the City of Fort Collins. 1.23. Liens --Liens, charges, security interests or encumbrances upon real property or personal property. 124. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 125. Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed --A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27_ OWNER --The public body or authority, corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCBs —Polychlorinated biphenyls. 1,30. Penoleumn-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non -Hazardous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32 a. Radioactive A9aterial-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDC GENERAL CONDM ONs I910-8 (1990 Edltiain w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours --Regular working hours are defined as 7:00am to 6:00om unless otherwise specified in the General Requirements. 1.33. Resident Project Representatme--The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35, Shop Drawings --All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36, Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 138. Substantial Completion --The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. L39. Supplementary Conditions -The part of the Contract Documents which amends or supplements these General Conditions. 1,40, Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1-41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 1,43. Work --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents- 1.44. Work Change Directive —A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering. an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph4.2 or 4.3 or to emergencies under paragraph6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45 Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2 OWNER shall furn sh to CONTRACTOR up t ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed 2.3. The Contract Tunes will commence to run on the thirtieth clay after the Effective Date of the Agreement, or, EJCDC GENERAL CONDITIONS 1910-8 (1990 E(litim) w/ ( ITY OF FORT COLLINS MODIFICATIONS (REV 4/4000 if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. in no event will the r- Times Starting the Work: 2A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to nun, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Docmments; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 262.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.63. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2-7. Before any Work at the site is started, CONTRACTOR annd03Aq, a shall eeeh deliver to the ether OWNER, with copies to ENGINEER- certificates of insurance (and other evidence of insurance re3asonably--request requested by OWNER) which CONTRACTOR and (4Vg �*rco Fesppoe4ye" is required to purchase and maintain in accordance with paragraphs 5.47. Preconstruetion Conference.• 2.8- Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Documents, at- least ten ayaaroegubn,issiar.-o''�€� ApplasatSen-4'er Payment before an work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate designated byv OWNER, will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Division 1 - General Requirements. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3--CONTRACT DOCIPVIENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary, what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to EJCDC GENERAL CONDMONS 1910-3 (1990 Ed Hm) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4i2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. IL during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6, provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3 31. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.33.2, 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 ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGRVEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction. review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such terns or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents 3.5, The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to lnodtfv the terms and conditions thereof in one or more of the following ways: 3.51 a formal Written Amendment, 352. a Change Order (pursuant to paragraph 10 4), or EJCDC GENERAL CONDITIONS 191" (1990 E(ition) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000) 353_ a Work Change Directive (pursuant to paragraph 10.1)_ 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 627), or 3.6.3. ENGINEER'S written interpretation or clarification (pursuant to paragraph 9A). Reuse ofDoeuments: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGEVEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall famish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR �3pen reasonable««� s*--tomen, of record legal tit4e d legal description of the n� l.a accordance -with ar—applicable Laws ..n.. Regulations OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract. Documents. if CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER'S furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.1 Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 42.2. Limited Reliance by CONTRACTOR Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 423.1, is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.32, is of such a nature as to require a change in the Contract Documents, or 4.23.3, differs materially from that shown or FJCDC GENERAL CONDITIONS 1910-5 (1990 E(iLim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000'1 indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, then CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGTNEER's Review., ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Doclonents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be Issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Aca;'ustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work, subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive, 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be. an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.1 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9 10 and l 1.9, and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if, 4.2.64.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 4.2.6.4.1 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment, or 42.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles l l and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions -underground Facilities: 4.11. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.12. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documems,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 620 and repairing any damage thereto resulting from the Work. 4.32. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Docurnants, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergencv as required by paragraph 6.23), identify the owner of such Underground Facility and ESCDCGENERAL CONDITIONS 1910-8 (1990 Editim) w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 42000) give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Afaterial: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial clanger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4-5 ffra u -reuaip - such --special ..:.. "«:"e C-ONT-n ACTOR dne-g .lot agree to resuma 1, t based on areasermble belief sat". af�; a-- snot agree to resume such I.A.TodE under sLwh special cenditi,•... then O.'r'"NE -may-efder-�� eanditien afea to be deleted from the AioF�, `If�tilt TL'D ffueh -•J• rnn RgF80 s to entitlement to ti, a resulte arn aint or Pxteri; of an as a osuchr for--as-plevicth led -in pergien of v "� {armed k} �WNBRs own a - harmless Q9NTRACTOR, bcontrasEors R�€ ENGWFER9 E nsultamts—arty--th effloers, directors; employees aseat , other consultants and subcontroGtors of ch and " .v 1 `p`nvaT =lir raaalvp AA - I 1-116�1 . _ revealed at the EJCDC GENERAL CONDITIONS 1910-3 (1990 Hdinal) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4r2000) ARTICLE 5--BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any slate where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.32. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. nnrnINR gt>"ll"hall ether eVldeni, E& _EB00 fequeSt.A by 4'ONTn ACT �n or any othe>=eEl#iti6Ro1insured):. ; a Feqtli.tea to.. _,.L.. _ 11,41411H i19 piimgnaphs 5.6 d 5.7 ti C 6055 Harmony and Ziegler Road Improvements Front Range Village Development Addendum #1 Revised Bid Schedule Prepared by: The City of Fort Collins - Engineering - Street Oversizing Program Dated: 511512007 Item # Item Description Quantity Unit Unit Cost Total Cost 604-03 15' T e R Intel 2 EA 604-04 18" Area Inlet 1 FA 604-05 Inlet Type "C" 3 EA 604-06 8" HOPE Area inlet and Tie in (Core Drill and Connect with Non -shrink Grout) 2 EA 604-07 Double Type 131nlet 1 EA 604-08 24" Headwall - CIP 1 EA 604-09 Tie 18" RCP to Existing Storm Sewer with Concrete Collar 1 EA 604-10 4' Diameter Sewer Manhole 1 FA 604-11 4" PVC Conduit Sleeving for Median Irrigation 600 LF 608-01 Concrete Sidewalk - 6" 27350 SF 608-02 Concrete Pedestrian Access Ramps with Truncated Domes 8" 2320 SF 608-03 Pedestrian Refuge Island Ramp with Truncated Domes 8" 1380 SF 608-04 Sidewalk Chase - per Detail 3 FA 608-05 Comets Drive Approach wl Aprws 8" 8025 SF 608-06 Concrete Drive Approach 6" 1608 SF 608-07 sod re ate Median Cover - San Diego Bug 25743 SF 609.01 Vertical Curb and Gutter- 30" 6055 LF 609-02 Vertical Curb and Gutter- 18" Ougall 10875 LF 609-03 Combination Vertical Curb with 6' Bike Lane/Gutter 500 LF 619-01 Y." Irrigation Service & Meter PIVCopper-Corp-Curb Stop per COFC Spec including Backflow Preventer/Pressure Reducer Assembly/Metal Screen Cover 2 EA 61942 1" Irrigation Service & Meter Pit/Copper-Corp-Curb Stop per COFC Spec including Backftow Preventer/Pressure Reducer AssemblylMetal Screen Cover 1 EA 619-03 Fire Hydrant Assembly (6", tap valve, pipe, hydrant) per COFC Spec 1 FA SUBTOTAL: 2000-01 D -Land Seedin 7 AC 2000-02 MSE Block Retaining Well - 12" to 24" Tall 290 LF 2000-03 Median Irrigation System for Harmony Road Medians 1 LS 2000-04 Median Irrigation System for Ziegler Road Medians 1 LS 2WG405 6"xV Landscape Timber Tree Well 24 EA 200046 Skyline Honey Locust 2" Cal. 21 EA 2000.07 Skyline Honey Locust 3" Cal. 19 EA 200048 Crimson Spire Oak - 2" Cal. 6 EA 2000.09 Burr Oak - 2" Cal. 9 EA 2000.10 Chinks in Oak -2"Cal. 11 EA 2000-11 Sk Master English Oak - 3" Cal. 15 EA 2000-12 Chanticleer Pear 1.5" Cal. 33 EA CONTR4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts, 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.3. claims for damages because of bodily injuy, sickness or disease, or death of any person other than CONTRACTOR's employees; ^.^.�!aims for clam.,._, a by q,.. cry per:,cran,ydirlhftb"Y—IEWIBMgeivhieh-are sustained: a[d re�tly re}ateci 1e}ntenEof such CONT ACTOR� or (u) by off other person for any .. ._ tea,,-feasell; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5 4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect- of professional liability), OWNER, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds, 5.4.8. include the specific coverages and 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 49. include completed operations insurance; EJCDC GENERAL CONDITIONS 1910-5 (1990 Editim) w/ CI TY OF FORT COLLINS MODIFICATIONS (REV 42000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 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, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance. 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless othaiwise provided in the Suppiementafy P170pefty at the ffite in the amoUfA of the fill Fe --f (subjeet to su deduar,le ^...^....t^ .^ ... �—ui Ehe SepplemefAaf ins ano@ Shall 5.&L inelade the interests of OWNER, CONTRACTOR; Subeentraeters, ENOiII'I15E1>s ENGINEER s Censuliants�nd any ^ o per entities dentified in !he Supplementary Gond-liens, ,.b oroc h^^" 1_-In airaefe and qhAli be . _ on a Btuldef's Risk it Open PeFil OF sPeeial calaseg of less pahey fio in that shall At least indudA surame for r ivsioul loss damage to the Wafk, . alsewo=k and WoFk in transit and sh-Fill in-uhro the felkewing--Perils: 4Fe lig tip—eaa t.e ..d ro ", C: 1 d' L, repla<%emenEe�„]-n,u� Y...p... � �auv u.s uua no flrchi4ec- , a oeveFrnatffiFilsafideqiAipmentstoEodatLhe site or-a"net-hC -loeation-that was agreed to in wri� by QViNEn-p =or «,. being Y . in the . rk Provided that such matefials and equipment hff @ be bly ENGTnrEER; .. H 5 6 5 lie. maintained in eNet until fmal payment O{I1TiDD 6414 AC`TC1D and LTi/'TTTL'CD L « thir�y days� vmtte 5-7. OW1:ER-shall-putehase�- n: and tneehureuea+tse-or--adciEone�prepertj-tnsuranee requiredas may be Eases -and -Regulations avh eh xtiNLn a �` a eats o€ OkWl DD CONTRACTOR, C o M ontmetars, S�ns oren, a� n9ured er additiexel inwrAd w policies instwanee (and the eeftifieate otliff P'll-idence @Feof) required to be purchased an ffid eflvenmge�0rded-will-�tof�n�-n�ll.�� ^r--inatenally changed -or Fewwal-ree.a-�a�.• 4-at least-thtrt` — '-WOr KWtter.-:.otiEelias__kiean-gtYen-o -. .)WNj end GUNTRACTOR and ♦ __ L ether additional ' 1 ..ha. 'i" f nsiffAmp'sL l een issued. and- Ivin Contain-- waiver_.--provisio s in—ikeeordenee- with 5 1, i�•�sinph �a �.rr 59. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the oaepA of any deductible amounts that a" idenlified inYY 7 legs;wthin such identified deductible ameun� will be homia by-EQPF-TR ACTOR;-,Subcontractoror-efkers-suf%ring-any Il,h I....a and -f a. of them wishes e age- � limits-4 ra,h., e and ...aiRta [ith h rexpense E 1 ICDC GENERAL CONDITIONS 1910-5 (1990 Edie«p w/ CITY OF FORT COLLINS MODIFICATIONS (REV - 2000) 5.114. OIA TIL'D and C-CAFTRAGTOR uawuu that ii ppxred �`-rsrsssar-�'nec-'s': rn.,ogaPi'yrr6 afid 5.7 will a C{{i/A .D CINTD CTO Sube0atn taors ENf aEEFt T CensuhantS� all other Fsons or entities identified in aha, c......lo«. a...aa. n A' 'm to L listed i1sitreds-- $$ZZledsmsuch pelieies-an mill Yr..ide age ----- malc•"i] such r- eau ;. pi. vvx""ammmthe erceernmnsurers r, in the event of paymopA of an), less or damage th ,; Il ha..an r;..han a.f ----------- f ONWiRR and CONTRACTOR waive all nots against dimeteT , employees for and-agen n wz�ll lossm and Elamages caused arising out of Ew resulting4em any -of -the -perils �»veFed-by such policies and ..,.y other property insurance aWic�4heAwo �, in 'sum-watve—alr-.such fights agairA ConstiAtants and all ot lhe�Subc�n�Eers��iGR3E&�EPFFi�fiER's rsons-01-�� -in-thLI-Supplementafy Cc ions --te be imwedS6F-afldi 1oS58S-and-damageS-So-6hLLfael--trrnYCtlt-4Y]o-�tboYo hell b nuq C111TiDDtee h payable under any policy so issued. 5.11.2. in additior, OWNER waives all fig a�iRS�-"---COIIJR 119TIDP— Subcontractor ErwGRWmiEPiGf FRRIs--cvnsuitants and vie effisers�l �c,�.p:oyees-anal-agentse�any-et. theliNfor- 5.1 loss due to busine.% interyuptieft Hl--i se or -otii beYexcf - duesE--playslcai- 3oss�r,0 3F the Work eaused 4))-, w hathsr of not insured by Cr{ NEP d r.ol ,,.:ter..^ thereof by, .. sing .^,,.. of o - e.,.,, l e(ecl-er-Part dur-tng--parE el u'th�taen�tx cent to paragra*4T".10,t--_ Any -ii4swanEe-l...al:—.a...:t.taHI0d-1qy 03A(N4:D a -t ,..L,..,R'.,....L_ "'-'xShis -vr• Receipt andApplication of Insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers acifrequired in^ writing by y ,n inter m��"" OW —�uc ary--shrill- Pva-bond-fep-the Acceptance of Bonds and Insurance; Option to Replace: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the o0w periy CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Docunents, the objectinggpartyshall-so nettfy`the-outer-patty OWNER will notify CONTRACTOR in writing within ten fifteen days alter receipt delivery. of the certificates (eF ether -evidence requested) to OWNER as required by paragraph 2.7, proviaeU as Me easoy-rat— if itheinsumnee Dectiments. such p" "Hall notify the then "' n AZOFJEOf the requireckeoverag�Witheut-prejacliee-teanystheFrigltt Bonds -er-instvanee- the Partial Gtiliuxkon--PropedyInsurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EJCDC GENERAL CONDITIONS 1910-8 (1990 Edilim) W CITY OF FORT COLLM MODIFICATIONS(REV,1/2000) Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence.• 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except trader extraordinary circumstances. The superintendent will be CONTRACTORS representative at the site and shall have authority to act on behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be perforated during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any, legal holiday without OWNER's written consent given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ENGINEER no -than 48 hous in advance of any Work to be performed on Saturday, Sunday Holiclays or outside the Regullar WorkiagF(Zs. m 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. 6A.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Mana eg_ment Division or the City Clerk's office. 6.4.2 Cement Restrictions City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12, 6.7. Substitutes and "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or descnption 12 EJCDC GENERAL CONDITIONS 1910-8 (1990Editiai) w1 CITY OF FORT COLLINS MODIFICATIONS (REV dII000) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "Or -Equal". If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2 Substitute Items: If in ENGTNEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated_ The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and clavns of other contractors affected by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER inevaluating the percent of the Work with its own forces (that is. proposed substitute. ENGINEER may require without subcontracting) The 20 percent requirement CONTRACTOR to furnish additional data about 4a11 be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent of the Contract Price. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. If -the -Supplement••- &ions Bidder proposed "or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Construction Methods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER in - advance - the --specified sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER, -en" Documents, CONTRACTOR may famish or utilize a CONTRACTOR has submittedlist tea, substitute means, method technique, sequence or accefadanee with theSupplerner"a-• Co a' procedure of construction acceptable to ENGINEER. OWNER's or E•NGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in E,NGINF,ER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. any such rSubeantracter, Stipplier or other person or The procedure for review by ENGINEER will be prg_sgidentified - be revoked the similar to that provided in subparagraph 6.7.1.2. liesis-efreM^^^�-�� ^ ��^� ^ ^a�- -�••� ��, 3H---whlerti—..-v..� IYITT�orrz-�c-i� vD .�..11 ^HI3tiTlt--an 6.7.3. Engineer's Evaluation: ENGINEER will be sec�ptahl�stahstihJf�, •"- "•-'-••-• 11--be allowed a reasonable time within which to evaluate adjusted-by-the-differenee in -wed --by each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will be is . -;tR Yl dtnent- signed. will sole judge of acceptability. No "or -equal" or constitute a condition of the Contract repair na the substitute will be ordered, installed or utilized without use of the named subcontractors, suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or -equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 69.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTOR's own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, 68. Concerning Subcontractors, ,Suppliers and Supplier or other person or organization any contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6 8.2), whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furrush to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or oreanization evidence of amounts paid to Subcontractor, Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S "Applications for Payment" CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 191" (1990 E(btim) 13 w/ CITY` OF FORT COLLINS MODIFICATIONS (REV 12000) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever an), sueh ant ..:��Strbeentrastst="Fwho--is '�;,�•��a,--�--an pr ragraphs-5 —op-5 7,the agreement t betweem— the GONTE-ACTOR and the SuhnentmOtOF OF SUPpliff Will eoatain-provisi .:'--_ by � ,heentraeter--ef SuvDher ;�16INE)�; ENGII�I�S-E�all--ether 1 1 M; _ Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnity and hold harmless OWNER, ENGINEER, ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents 14 E.IMCGENERALCONDITIONS1910-8(1990EChlim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be permanently incorporated into the project Said taxes shall not be included in the Contract Price Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver. Colomdo, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and Use Taxes (including State collected taxes), on any items other than construction and —building materials physically incorporated into the project are to be �d by CONTRACTOR and are to be included in appropriate bid items. Use of Premises. 616. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, FNGTNEER, ENGMEERs Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or lased upon CONTRACTOR's performance of the Work. 6,17, During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents- 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it Record Documents: 619. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER Safety and Protection: 620. CONTRACTOR shall be responsible for initiating maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety ol� and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work, 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGI'VEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities far the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a ESCDC GENERAL CONDITIONS 191 M (1990Edilim 1 15 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety Representative: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 622. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples- 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 29). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6 24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited F,1CDC GENERAL CONDITIONS 1910-8 (1990 Etiitim) 16 w, CITY OF FORT COLLINS MODIFICATIONS (REV 4t2000) purposes required by paragmph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR. shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 625.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. fi26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGfNEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the equired number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27, ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval, nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph2.9, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR - Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.30. CONTR4CTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers, or 6.30.12. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 630.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER, 6.302.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14,13; 6.30.2.7. any inspection, test or approval by others; or 630.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGNEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32_ In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by EICDC GENERAL CONDITIONS 191" (1990 Edition) 17 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000) any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6,33. The indemnification obligations of CONTRACTOR under paragraph6.31 shall not extend to the liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents mused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7--OTIIER WORK Related Work at Site: 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 not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable 1 EICDC GENERAL CONDITIONS t910-8 (1990 Edi ai) w/ C1 TY OF FORT COLLINS MODIFICATIONS (REV 4/2000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as tit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 74. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, fine or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized, and T4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer againsE whose status under the Contract Documents shall be that of the former ENGINEER 8.3. OWNER shall furnish the data required of OWNER under die Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4, OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing