HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 5482 ASPHALT OVERLAY PROJECT 2000 (31)FeEpaiFe
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5 9 OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
toe Wert to th ^ ite
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4
8.8. In connection with OWNER's right to stop Work
or suspend Work, see paragraphs 13.10 and 15 1.
Paragraph 15 2 deals with 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
a
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
it
Q
the Contract Documents.
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ARTICLE 9--ENGINEERS STATUS DURING
i
CONSTRUCTION
ON'N,ER's Representative:
91 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
a
shall not be extended without written consent of OWNER
and ENGINEER -
Visits 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
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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
aw/
CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
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 agamst defective Work. ENGINEER's
visits and on -site observations are subject to all the
1 imitations on ENGINEER's authority and responsibility
set forth in paragraph 9 13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Rroject Representative:
9 3 If OWNER and ENGINEER agree, ENGINEER
Will furnish a Resident Project Representative to assist
]ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9 3 and 9 13 and in !he Supplementary
12eaditteras of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Supplementary Ganditiens paragraph 9 3
of these General Conditions. If the ENGINEER furnishes
;i Resident Protect Representative tRPRI or other
assistants, or if the OWNER designates a Representative
or agent, as provided in paragraph 9 3 of the General
as provided in para�ph 9 3 of the General
Conditions, these Representatives shall have the2onditions, these Representatives shall have the authorii
and limitations as provided in para{�raph 9.13 of the
General Conditions and shall be subject to the following"
9 3 _1The Representative's dealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR. But. the
Representative will keep the OWNER properly
advised about such matters The Representative's
dealings with subcontractors will only be through or
with the full_ knowledge and approval of the
CONTRACTOR
9 3 2 Duties and Responsibilities Representative
will
9 3 2 1 Schedules -Review the progress schedule
and other schedules prepared by the
CONTRACTOR and consult with the ENGINEER
concerning acceptability.
9 3 2 2 Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences, progress meetings
and other job conferences and prepare and
circulate copies of minutes of meetings
19
MODY DRIVE
NEW PAVING:
2" ASPHALT WEARING SURFACE
OVER TACKCOAT & PETROMAT
MOISTURE CONTROL FABRIC OVER
ASPHALT LEVELING COURSE. PATCH
HOLES IN EXISTING PAVEMENT.
GRIND DOWN ASPHALT AT
PERIMETER GUTTERS AND ENDS Or
PAVING TO MAKE NEW OVERLAY
FLUSH.
NEW PAVING AREA:
APPROXIMATELY 725' x 67'
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Connell Resources
[April 20. 2001
Ste- i; G Qn y,r 1
Fax:9702233191 Rpr 23 2001 8: 5 P.02 2� ) J.
�i%7�U) Ou r~
Mr. Rick Richter
City of Fott Collins
Department of Engineering
281 N College Avenue
Fort Collins, CO 80512-0580
FAX: (970) 221-6378
Reterclica. 2000 Asphalt Overlay Pioject- Contract Extension
Subject- Revised 2001 Pricing
Mr. Richlei.
We have made tevisions to the pricing previously submitted dated April 13 Thesc
revisions are to supercede all pievious submiltal5. Please [tote than modifications ale
indicated as notLd Modifications include the additional work tegrimed by the Patks
Departmt•iii, .ls well as coiiec,tions to the line items discussed on Apnl 20.
We have reviewed the pricing for Item 403.4 HBP Grading SG as requested Our Pricing
for this item remains at the iate previously quoted This price was detcrmmed using the
same crew, equipment and production models a,, the pieviou, year, however adjusunerits
wore made to the lahoi rates. equipmeni rates and material pi ices to comrensate for tho
escalated cost, associated with each 'I he disproportionate percentage change as
compared with the othei paving rntxes is the result of several factois. The costs
associated with material changes are presented in the following table.
Product _ Grading "S"` Grading "SX" (— Grading "SCY'
Year _ 2000 _ 2(01 _ 2000 J2001 - -2000 201)1 _
oil 5 3'% S.1 % 5 i% 5.7% 4 6% 4.8%
Content
Oil Price xi%S- '_- 5186 $155 — 186 $15� _ $186 _
_ Unit Price per Ion of Asphalt Placed - -
Otl $8 13 S9 49 $8 S3 S10 60 $7.13 S8 93
Aggregates- $5 65 $6.61 $S 65 d-
$6 61 $� 63, $ filT
• 4305 East Harmony Road, Fort Collins, Colorado 80528-9527
Fort Collins (970) 223-3151 Denver (303) 623-3151 FAX (970) 223-3191
Equal Opportunity Employer
ZO "d 81.£9IZMA 'ON XdA 'ONE 0A0 WV £0,80 NOW 1OH-£Z-Ndd
Connell Resources Fax,,9702253191 Apr 23 2001 8t15 P.03
Burner 716 ���t,at—�$o.�� �$1.41 o;7i --] W41
Fuel
'fetal $14,55 $17.51 $1495 $1862 $13 55 $1698
Material
Cost
$ Incrense W $2 96 $3 67 _ -- $3 43
Perecnt 2U.3% 24 5% 25 3°rb y f
Increased ,.^. _ I - , I 1-- I .—L
*Dote pnces shown do not include labor and equipment for producuon and placement of
products Aggregate prices ale based upon the average cost for 2000.
I he mix designs and production methods for the 2001 season represent a complete
process ❑iodif7cation lions previous years. Although our asphalt products from the prior
season have met the City and State requirements, we have listened to the concerns you
expressed regarding its visual appearance and susceptibility to segregation in order to
improve these properties wo were required to modify the aggregate cwu,hing operations.
We arc now pioducing a rock product with broader gradation bands 'The S and SX
products are now manufactured from these aggregates, with only minor modifications to
the feeder bin settings required at the hot plant. The production of the larger aggregates
required for the SG nii- requues reconfiguration of the crusher for each run of product
Since the fewer tonnages of aggregates arc produced for this product, the cost per unit is
greater than those for the other mixes. This new aggregate gradation is slower to produce
than previous gradations, howeticr the resulting products are producing a more tnniforni
mix. Aggregate is now in full production at the Tunnoth pit located east of 1-25, thelcby
requiring truck transfer to the hot plant stockpiles 'these increases cruohing; costs have
been lncorporaled into the aggregate paces for each product
Please recognize the scope of services requested for this years pie ing has significantly
alteted the intent of the original contract. Previously C RI was only required to place
grading SG asphalt in locations scheduled for total reconstruction. These areas permitted
the use of higher production rates. The City was to assume responsibility for grinding in
all areas requiring full depth milis, and the placement of SG product in those locations
The City will requite that all areas milled be capped prior to the end of each days work
Sitrce CRI did not redw1 o ltle production rate for placement of the SCJ lllih, Wv are
assuming greater risk than under the original pricing We cannot reduce the quoted price.
without iricreasmg further increasing tho likelihood of losses do to reduced production.
Please note that under these conditions the City is still responsible for all costs associated
with subgrade modifications, stabilization, or patching required.
We request that a delcmunatron icgarding the award of a contract extension be made a
timely manner, so as to permit reschoduling of personnel attending; the ploposcd
picconstruction on Wednesday April 25, 2001 We hope to provide you with yow paving
needs for another season
CO 'd SL£9 2ML6 'ON XVA 'ON3 0A0 WV £0 ; 90 NOW IOH-HAP
Connell Rwsaurces Fax:9702233191 Apr 23 2001 8:15 P.04
With regard to the matter of extending the petromat quantities to include placement of
materials ahead of tlyz C'ity's ciews, we request written documentation for quantities.
locations, aiol date prior to providing a quotation on this item
Manager
Cc: Richard Connell, President
Will Welch, Construction Manager
Atl:ichinerit: Itcm Price Summaty, Revised Apiil 20, 2001
60 'd 8L£9I ML6 'ON XVJ 'ON3 OJ,�I Wd £0 ; 80 NOW I OH-£Z-Ndd
9 3 2 3 Liaison
9 3 2 3 1 Serve as ENGINEER'S liaison
with CONTRACTOR, working pnncipally
through CONTRACTOR'S supenntendent to
assist the CONTRACTOR in understanding
the Contract Documents
93 23 2 Assist in obtaining from OWNER
additional details or information, when
required for proper execution of the Work
93 23 3 Advise the ENGINEER and
CONTRACTOR of the commencement of any
Work requiring a Shop_Drawing or sample
submission if the submission has not been
approved by the ENGINEER.
9 3 2 4 Review of Work, Reiection 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 to
accordance with the Contract Documents
9 3 2 4 2 Report to the ENGINEER
whenever the P_epresentatrve believes that the
Work is unsatisfactory faultv or defective or
does not conform to the Contract Documents
or has been damaged, or does not meet the
requirements of any inspections, tests or
approvals required to be made, and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation, or requires special testing,
inspection or approval.
9 3 2 4 3 Accompany visiting inspectors
representing` public or other agencies having
iurisdiction over the Proiect, record the results
of these inspections and report to the
ENGINEER.
9 3 2 5 Interpretation of Contract Documents
Report to ENGINEER when clanfications and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR
clarification and interpretation of the Contract
Documents as issued by the ENGINEER
9 3 2 6 Modifications Consider and evaluate
CONTRACTOR'S suggestions for modification m
Drawings or Specifications and report these
recommendations to ENGINEER Accurately
transmit to CONTRACTOR decisions issued by
the ENGINEER
9.3 2 7 Records.
9 3 2 7 1 Maintain at the Representative's
office orderlvfiles concemin cg orrespondence,
reports of lob conferences, Shop Drawings and
samples, reproductions or original Contract
Documents including all Work Directive
20
Changes, Addenda. Change orders Field
Orders, additional drawings issued subsequent
to the execution of the Agreement
ENGINEER'S clarifications and
interpretations of the Contract Documents
progress reports and other proiect documents.
9 3 2 7 2 Keep a diary, daily report form. ^
or log book, recording hours on the job site
weather conditions, data relative to questions
of work directive changes, Change Orders or
changed conditions, list of job site visitors _
daily activities, decisions, observations in
general and specific observations in more
detail as in the case of observing test
procedures, send copies to the ENGINEER
93 2 7 3 Record names, addresses and
telephone numbers of all CONTRACTORS
subcontractors and major suppliers of
equipment and matenals.
9 3 2 8 Reports r
9 3 2 8 1 Furnish ENGINEER periodic
reports, as required, of the Progress of the
Work and of the CONTRACTOR'S
^
compliance with the progress schedule and
schedule of shop Drawing and sample
t.
submittals
93 2 8 2 Consult with ENGINEER in
advance of scheduling major tests inspections
`J
or start of important phases of the Work
9 3 2 83 Draft proposed Change Orders
and Work Directive Changes, obtaining
J
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive- Changes and field
orders.
93 284 Report immediately to
r
ENGINEER and OWNER the occurrence of
any accident
9 3 2 9 Payment Requests Review applications
^
for ayment 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 matenals and equipment
delivered at the site but not incorporated in the
Work.
9 3 2 10 Completion
9 3 2 10 1. Before ENGINEER issues a
^
Certificate of Substantial Completion submit
to CONTRACTOR a list of observed items
requiring correction or completion
9 3 2 10 2 Conduct final inspection in the
r
company of the ENGINEER. OWNER and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) .-,
CONTRACTOR and prepare a final list of A«thorized Variations in Work:
items to be corrected or completed
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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 anv substitute
materials or equipment, unless authonzed by the
ENGINEER.
9 3 3 2 Exceed limitations of ENGINEER'S
authon 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 3 3 5 Advise on or issue directions re ap rding or
assume control over safety precautions and
programs in connection with the Work
9 3 3 6 Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR
9 3 3 7 Authorize OWNER to occupv the Work in
whole or in part
9 3 3 8 Participate in specialized field or
laboratory tests or inslections conducted by others
except as specifically authorized by the
ENGINEER
Clarifications and Interpretations:
94 ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
requirements of the Contract Documents (m 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 1 or Article 12
9 5 ENGINEER may authorize minor variations in the
'Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price
or the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents These may be
accomplished by a Field Order and wiII be binding on
OWNER and also on CONTRACTOR who shall perform
the Work involved promptly. If OWNER or
CONTRACTOR believes that a Field Order justifies an
adjustment in the Contract Price or the Contract Times and
the parties are unable to agree as to the amount or extent
thereof, OWNER or CONTRACTOR may make a written
claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
96 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:
97 In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6 28 inclusive
98. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12
99 In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Detenninations for Unit Prices:
910. 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
for Pavment 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 (ii) if no such Dispute
Resolution Agreement has been entered into, a formal
proceeding is instituted by the appealing party in a forum
of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
Qw/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 21
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter pugs �^ ^� .
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 I 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 nd the claimant within thirty
days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time) ENGINEER will
render a formal decision in writing within thirty days after
receipt of the opposing party's submittal, if any, in
accordance with this paragraph ENGINEER's written
decision on such claim, dispute or other matter will be
final and binding upon OWNER and CONTRACTOR
unless (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER
and CONTRACTOR pursuant to Article 16, or (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 to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum
of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
such claim, dispute or other matter in accordance with
applicable Laws and Regulations within sixty days of the
date of such decision, unless otherwise agreed in writing
by OWNER and CONTRACTOR.
9 12. When functioning as interpreter and judge under
paragraphs 9.10 and 9 11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
911 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
22
9.13. Limitations on ENGINEERS Authority and
Responsibilities:
9.131 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
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9 13 4 ENGINEER's review of the final Application
for Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
913.5 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
101 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
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document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except
as otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any Work performed that
is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraphs 3.5
and 3.6, except in the case of an emergency as provided
in paragraph 6.23 or in the case of uncovering Work as
provided in paragraph 13.9.
10 4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering
10.4 1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10 1, (li) required
because of a-ceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13 14, or (1h) agreed to by the parties,
10 4.2 changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10 4 3 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6 29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(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.
106 By the execution of a Change Order, a Work
Change Directive or Written Agreement, OWNER and
CONTRACTOR expressly acknowledge and agree that
said Change Order, Work Change Directive or Written
Agreement provides for a fair and equitable adiustment in
the Contract Price and/or Contract Times forthe additions
deletions or revisions in the Work as authorized by said
Change Order Work Change Directive or Written
Agreement OWNER and CONTRACTOR further
expressly acknowledge and agree that claims for
adjustments to the Contract Price and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid
ARTICLE 11--CHANGE OF CONTRACT PRICE
111 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 Price may only be changed by a
Change Order or by a Written Amendment. Any claim for
an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
113 The value of any -Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
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).
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 23
Cost of the Work.
11.4 5 Supplemental costs including the following:
114 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:
114.1. 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 inelude;but not 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 andr-e4i:ernen benefits, bonuses,
sisk i and holiday pa applicable thereto
The expenses of performing Work after regular
working hours, on Satuiday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER
114.2 Cost of all materials and equipment fumished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained
114 3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
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 11.4, 11.5, 11.6 and 11.7. All subcontracts
shalt be subject to the other provisions of the Contract
Documents insofar as applicable.
1144. 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
1145.1 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 royalty payments and fees for permits
and licenses.
• LJ
11.45 6 Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the `J
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor,
or anyone directly or indirectly employed by any
of them or for whose acts any of them may be
liable. Such losses shall include settlements made
with the written consent and approval of
OWNER No such losses, damages and expenses
shall be included in the Cost of the Work for the
purpose of determining CONTRACTOR's fee. If,
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.
24
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
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
L i connection with the Work.
114 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:
I1.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole propnetorships), 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 114 4--all of which
are to be considered administrative costs covered by
the CONTRACTOR's fee.
115 Z. Expenses of CONTRACTOR'S principal and
branch offices other than CONTRACTOR's office at
the site
1I.5 3 Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments
115 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).
115 5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone directly
or indirectly employed by any of them or for whose
a
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
n
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 11.4
11.6. The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
116 1 a mutually acceptable fixed fee, or
116.2. if a fixed fee is not agreed upon, then a fee
a
based on the following percentages of the various
portions of the Cost of the Work:
EJCDC GENERAL CONDMONS 1910-8 (1990 Edwon)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
1162.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11 4.3, the CONTRACTOR's fee shall
be five percent;
11623. 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 114 1, 11 4.2, 11.4.3 and
116 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 feepe
to_be negotiate
in good faith with the OWNER but not to exceed
five percent of the amount paid to the, next lower
tier Subcontractor
I 1 6.2 4_ no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11 6.2 5. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11626 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.
117. Whenever the cost- of any Work is to be
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 AUowances.
11.8 It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes;
and
118.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs,
25
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:
119.1. 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
119 2 Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately identified item.
11 9.3 OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article I 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,
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.
.11934 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
any remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price
26
ARTICLE 12—CHANGE OF CONTRACT 1II1'M
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree. No
claim for an adjustment in the Contract Times (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
122 All time limits stated in the Contract Documents
are of the essence of the Agreement.
12 3. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1 Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of
CONTRACTOR
12.4 ' Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
both OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i) delays caused
by or within the control of the CONTRACTOR, or
(u) 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.
EJCDC GENERAL, CONDITIONS 1910-8 (1990 Edition)
w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94)
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
CONTRACTOR's purchase thereof for incorporation in the
Work.
0
0
0
o
ro
11,
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I
51
0
4
0
0
0
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.
132. 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 % ^Aggenab '""^" 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 appiovals, and shall cooperate with
inspection and testing personnel to facilitate required
inspections or tests.
13.4 OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1 for inspections, tests or approvals covered by
paragraph 13.5 below;
13 4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9
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
E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
136 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 cut 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
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make It 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.
27
Correction or Renmval 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 12 1 If within ene yeatwo years after the date
of Substantial Completion or such longer period of
time as may be prescribed by Laws or Regulations or
by the terms of any applicable special guarantee
required by the Contract Documents or by any specific
provision of the Contract Documents, any Work is
found to be defective, CONTRACTOR shall promptly,
without cost to OWNER and in accordance with
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 resultinb 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 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 ene yeae
two vears after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13 If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs
to be approved by ENGINEER as to reasonableness) If
any such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
28
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.
OWNER May Correct Defective Work:
13 14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written notice
to CONTRACTOR, correct and remedy any such
deficiency In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment stored
at the site or for which OWNER has paid CONTRACTOR
but which are stored elsewhere. CONTRACTOR shall
allow OWNER, OWNER's representatives, agents and
employees, OWNER's other contractors and ENGINEER
and ENGINEER's Consultants access to the site to enable
OWNER to exercise the rights and remedies under this
paragraph 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 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
E]CDC GENERAL CONDMONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
I
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Receipt and Application of Insurance Proceeds:
5,12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5 7 will be adjusted with
OWNER and 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 1he loss with the insurers and, if required in wFgig
}` arty la interest n,in rco as fidwefal.. shall 1;;e
bend I;9F the preper-I3�ee e€ a e3.
Acceptance of Bonds and Insurance; Option to Replace:
5 14 If eitheF
OWNER has any objection to the coverage afforded by or
other provisions of the Beads of insurance required to be
purchased and maintained by the ethef —patty
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
the tti...r patty OWNER
will notifv CONTRACTOR in writing within tan fifteen
days after reeeip delive of the certificates ter- ether
eNtderiee—regaested3 to OWNER as required by
paragraph 2.7. ntiinrco _ a CONTRACTC)R shall eFieh
pfevi
e€irisi._ .ided as the ether May Feaconably reqdest
if eitlier patty does not p .,.titase o i%aintain all , f the
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.sting e f s nh fail:ire
staA Werk, er efsqu Wit -failwFe
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to-eriy ether- fight , a.. ,t,eGtheF paFtymay AIRAt to
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Partial Utilization —Property Insurance:
5 15 If OWNER finds it necessary to occupy or use a
portion or portions of the Work pnor to Substantial
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
,Indorsement on the policy or policies, but the property
,nsurance shall not be cancelled or permitted to lapse on
,account of any such partial use or occupancy.
ARTICLE 6—CONTRACTORS RESPONSIBMIT ES
Supervision and Superintendence:
61 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 orprocedure of construction which is
shown or indicated in and expressly required by the
Contract Documents CONTRACTOR s.,all be
responsible to see that the completed Work complies
accurately with the Contract Documents.
62 CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
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 performed during regular working hours and
CONTRACTOR will not permit overtime work or the
performance of Work on Saturday, Sunday or any legal
holiday without OWNER's written consent given after
prior written notice to ENGINEER CONTRACTOR shall
submit requests to the ENGINEER no less than 48 hours
in advance of any Work to be performed on Saturday,
Sunday. Holidays or outside the Regular Working Hours
6.4 Unless otherwise specified in the General
Requirements, CONTRACTOR shall 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
EICDC' GENERAL CONDITIONS 1910-8 (1990 Edition)
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14.5.1. the Work has progressed to the point
indicated,
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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 retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subject to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow
or custodianship By executing the _application for
pvment form the CONTRACTOR expressly waives his
right to the benefits of Colorado Revised Statutes, Section
24-91-101, et seq.
CONTRACTORS Warranty of Title:
143. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review of Applications for Progress Paynrent:
14 4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
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:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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
146 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 furnishing or performance of
Work, or for any failure of CONTRACTOR to perform or
fumish Work in accordance with the Contract Documents.
147 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 OWNER
referred to in paragraph 14 5. ENGINEER may also
refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because:
14.7 1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7 2. the Contract Pnce has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13 14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2 1 through 15.2 4 inclusive.
29
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 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
30
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.
149 OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
Partial 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:
14.101 OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such part
of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work
to be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto
1410.2. 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.
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Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective
CONTRACTOR shall immediately take such measures as
are necessary to complete such work or remedy such
deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and
delivered in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6 19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments The final Application
for Payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5 4 13,
(it) consent of the surety, if any, to final payment, and
(ni) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such
releases or waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that. (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or
OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails 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 pavment are to be submitted on forms
conforming to the format of the OWNER'S standard forms
bound in the Proiect manual
Final Payment and Acceptance:
14 13 If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present the
Application to OWNER for payment. At the same time
ENGINEER will also give written notice to OWNER and
CONTRACTOR that the Work is acceptable subject to the
provisions of paragraph 14 15. Otherwise, ENGINEER
will return the Application to CONEXACIUK, 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 terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims
Waiver of Claims:
14 15 The making and acceptance of final payment will
constitute.
14 15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.11, from failure to
comply with the Contract Documents or the terms of
any special guarantee:.. 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
UMNIINATION
OWNER May Suspend Work.-
15 1 At any time and 'without cause, OWNER may
suspend the Work or any portion thereof for a period of
not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 31
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events.
152.1 if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply
sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule
established under paragraph 2.9 as adjusted from time
to time pursuant to paragraph 6.6);
15.2 2 if CONTRACTOR disregards Laws or
Regulations of any public body having Jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER, or
15 2 4 if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the
site and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent 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 CONTRACTOR but which are stored 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,
costs, losses and damages sustained by OWNER arising
out of or resulting from completing the Work such excess
will be paid to CONTRACTOR If such claims, costs,
losses and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
Such claims, costs, losses and damages incurred by
OWNER will be reviewed by ENGINEER as to their
reasonableness and when so approved by ENGINEER
incorporated in a Change Order, provided that when
exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price
for the Work performed
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
32
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may, without
cause and without prejudice to any other right or remedy
of OWNER, elect to terminate the Agreement. In such
case, CONTRACTOR shall be paid (without duplication
of any items)
15 4 1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work,
15.4 2. for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4 3 for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others, and
1544 for reasonable expenses directly attributable to
termination
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR May Stop Work or Temdnate:
15.5. If, 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.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Mum)
w1 CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
ARTICLE 16—DISPUTE RESOLUTION
aIf and to the extent that OWNER and CONTRACTOR
x' 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
a Contract Documents or by Laws or Regulations in respect
of any dispute.
aARTICLE 17—MISCELLANEOUS
QGiving Notice:
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171 Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person
to the individual or to a member of the firm, or to an
officer of the corporation for whom it is intended, or if
delivered at or sent by registered or certified mail, postage
prepaid, to the last business address known to the giver of
the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such penod 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.
17 2 2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day
Notice of Claim
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose. Cumulative Remedies:
174 The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply
Professional Fees and Court Costs Included:
175. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
176 The laws of the State of Colorado apply to this
Agreement Reference to two pertinent Colorado statutes
are as follows,
17 6 1 Colorado Revised Statutes (CRS 8.17-101
require that Colorado labor be emploved'to perform
the Work to the extent of not less than 80 percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor emploved
on the proiect Colorado labor means any person who
is a bona fide resident of the State of Colorado at the
time of employment, without discrimination as to race,
color, creed, age, religion or sex.
17 6 2 If a claim is filed, OWNER is required by law
(CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, material's, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
subcontractors in or about the performance of the
Work Such funds must be withheld until said claims
have been paid or such claims as filed have been
withdrawn, such payment or withdrawal to be
evidenced by filing with OWNER a receipt in full or
an order for withdrawal in writing and signed by the
person filing such a claim or his duly authorized
agents or assigns Such funds shall not be withheld
longer than ninety (90) days following the date fixed
for final settlement, as published in a public
newspaper in accordance with the law, unless an
action is commenced within that time to enforce such
unpaid claim and a notice of lis pendens,is filed with
the OWNER At the expiration of such ninety (90)
day Reriod, OWNER shall pay to CONTRACTOR
such monevs and funds as are not the subject of suit
and lispendens notices_ and shall retain only sufficient
funds to insure the payment of judgements which may
result from the suit
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EXHIBIT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the
parties
161. 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 1415) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16.
This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction
16.2 No demand for arbitration of any claim,
dispute or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9 11 will be made until the earlier of (a) the
date on which ENGINEER has rendered a written decision
or (b) the thirty-first day after the parties have presented
their evidence to ENGINEER if a written decision has not
been rendered by ENGINEER before that date No
demand for arbitration of any such claim, dispute or other
matter will be made later than thirty days after the date on
which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11,and the
failure to demand arbitration within said thirty days'
period will result in ENGINEER's decision being final and
binding upon OWNER and CONTRACTOR If
ENGINEER renders a decision after arbitration
proceedings have been initiated, such decision may be
entered as evidence but will not supersede the arbitration
proceedings, except where the decision is acceptable to
the parties concerned No demand for arbitration of any
written decision of ENGINEER rendered in accordance
with paragraph 9.10 will be made later than ten days after
the 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 copy
will be sent to ENGINEER for information The demand
for arbitration will be made within the thirty -day or ten-
day period specified in paragraph 16 2 as applicable, and
in all other cases within a reasonable time after the claim,
dispute or other matter in question has arisen, and in no
event shall any such demand be made after the date when
EJCDC GENERAL CONDITIONS 191M (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
institution of legal or equitable proceedings based on such
claim, dispute or other matter in question would be barred
by the applicable statute of limitations.
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
164.2. 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 anse in such proceedings,
and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph, but no such consent shall constitute
consent to arbitration of any dispute not specifically
described in such consent or to arbitration with any
parry not specifically identified in such consent
165. 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.
166. 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.
GC -AI
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16.7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to
mediation by the American Arbitration Association under
the Construction Industry Mediation Rules of the
American Arbitration Association prior to either of them
initiating against the other a demand for arbitration
pursuant to paragraphs 16.1 through 16 6, unless delay in
initiating arbitration would irrevocably prejudice one of
the parties. The respective thirty and ten day time limits
within which to file a demand for arbitration as provided
in paragraphs 16.2 and 16.3 above shall be suspended
with respect to a dispute submitted to mediation within
those same applicable time limits and shall remain
suspended until ten days after the termination of the
mediation. The mediator of any dispute submitted to
mediation under this Agreement shall not serve as
arbitrator of such dispute unless otherwise agreed.
GC-A2
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/94)
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement tae General
Conditions of the Construction Contract (EJCDC General Conditions
1920-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract Documents as indicated below
S'C-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 amiability policy will have
limits of $1,000,000 combined single limits (CSL) This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6 The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL).
5 4 9ThLs policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL)
SC-12.3 Add the following language to :he end of paragraph 12.3
Contractor will include in the proDect schedule 0 days lost due
to abnormal weather conditions.
00800-1
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facilities and incidentals necessary for the furnishing,
performancz, resting, start-up and completion of the Work.
64 1 Purchasing Restrictions- CONTRACTOR
must comply with the City'spurchasing restrictions
A coo of the resolutions are available for review in
the offices of the Purchasing and Risk Management
Division or the Citv 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 burn 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:
66. 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
66.2 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. Subsdtures and "Or-Equal"Items:
6 7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
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 7.12. Substitute Items- If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6 7.1.1, it
will be considered a proposed substitute item
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
�.
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
.—
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
^
perform adequately The functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified. The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
^
redesign and claims of other contractors affected
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
12
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
I
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: ASPHALT OVERLAY PROJECT 2000; BID NO 5482
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 0.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
9/99
DATE
DATE
DATE
DATE
Section 00950 Page 1
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1 9/99
Section 00960
Application for Payment
Wit
OW11RR:
P110INHER:
APPI.ICAI ION POR PAYMEtMP
PRUICCP:
COITPRAM OR -
APPLICATION NIIMOUIt
APri ICA1t0N oAii
PERfOO RIMMING
PERIOD 14,I1)R)U.
PROWL —I NUMOER.
PAUP 1 OF 4
Ci[ANOR OROt1R9
AppheAda) Is nudo for Paymad u sba below is p Mhvn with CmR.cl
NO/.f011R DATII
AMOUI7C
7ho ptnrnl m.bu of the aecaml la ws Cml+.el a as imvrve.
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!m Wwk b.re ha N W wd u mpoled in Panllepih 14 3. of the Oc al Caoderam d the C(stsml
v, &. a Am ..I I)w Ulm Applladw is tapmatod by dw COItPRAUPOR
p.ymmt d V. am, Amaral Ihw 11d4 Apptk tkm is ucmenmicd by Ow PHOINRER.
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T00 AIS $0 00 1000 $11 00 $it IIts
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SECTION 02000
PROJECT SPEC
The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction", 1999, (hereafter
referred to as the "Standard Specifications") are made a part of ilus Contract by this reference, except as revised herein,
and an; hereby adopted as the minimum Standard Specifications of Compliance for this project In those instances
where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections
shall govern
INDUK OF REVISIONS
SECTION
104 Traffic and Parking Control
105 Cooperation Between Contractors
105 Inspection of Work
105 Maintenance During Construction
107 Protection and Restoration of Property and Landscaping
108 Prosecution and Progress
201 Clearing and Grubbing
202 Removal of Structures and Obstructions (Gimding(Surface Preparation)
203 Excavation and Borrow
210 Adjust Manholes, Valve Boxes and Meter Boxes
306 Recondmoning/Asphalt Recycling
307 Stabilized Subgrade- Class"C" Fly Ash
401 Plant Mix Pavements
401 Composition of Mixtures
401 Weather Lrrmtations and Placement Temperatures
403 Hot Bituminous Pavement
403 Patching
403 Geotextile Paving Fabric
614 Traffic Control Devices
I
' REVISION OF SECTION 104
TRAFFIC AND PAA:IONG CONTROL
Section 104 of the Standard Specifications is hereby revised as follows
Stibsection 104 04 shall include the following.
It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere
with the work Pnor to work that requires the street(s) lobe closed to parking and/or traffic, the street(s) shall
a be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the
commencement of work and shall clearly show the type of work, and the day, date and times that the message
on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be
posted no later than Tuesday, July 1, by 7 00 a in. with a sign that reads similar to "NO PARKING,
x WEDNESDAY, JULY 2, 7:00 AM TO 6:00 P M., PATC-HNG.) See sample "NO PARKING" sign. "NO
PARKING' signs shall remain in place until the street ns opened to traffic and all clean up operations
completed
All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters
permanently affixed to the sign Any information added to a sign, such as dates, shall be clearly legible and
written in block style letters. The "NO PARKING" signs shall be in effect for one or two days only.
Any work done by the Contractor without traffic control will not be paid for under the terms of this Contract.
The Contractor will not be paid for traffic control costs incurred during Contractor caused delays
At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and
the Engmeei will meet to discuss the progress of the work and the placement of traffic control devices
including "NO PARKING" signs Any necessary adjustments shall be made The Contractor shall also
review at this time with the Engineer the proposed means of handling parking and traffic control for
upcoming work. It is the responsibility of the Contractor to minimize any inconvenience to the public as a
result of tlus work
At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by
the Contractor and the Engineer The Contractor shall utilize forms approved by the Engineer for the
Qtabulation of Traffic Control Devices utilized.
The Contractor shall maintain access at all times to all businesses within the, project.
Any changes in the traffic control, including additional signs, barricades, and/or flaggers needed in the field
shall be immediately implemented as directed by the Engineer.
The cost for traffic control is covered in 'Revision of Section 614, Traffic Control Devices" found herein
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6.7 1.3 CONTRA CTOR'sExpense• All data to be
provided by CONTRACTOR in support of any
proposed ,"or -equal" or substitute item will be at
CONTRACTOR's expense.
6.72 Substitute Construction Methods or
Procedures- If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may fumish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7.12
6 7 3. Engineer's Evaluation: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6 7.12 and 6.7.2 ENGINEER will be the
sole judge of acceptability. No "or -equal" or substitute
will be ordered, installed or utilized without
ET4GINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing OWNER may require CONTRACTOR
to furnish at CONTRACTOR's expense a special
peiformance guarantee or other surety with respect to
any "or -equal" or substitute. ENGINEER will record
time required by ENGINEER and ENGINEER's
Consultants in evaluating substitutes proposed or
submitted by CONTRACTOR pursuant to paragraphs
6 7 1.2 and 6 7.2 and in making changes in the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
1 6_8. Concerning Subcontractors, Suppliers and Others:
6 8 1 CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6 8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection
CONTRACTOR shall perform not less than 20 percent
of the Work with its own forces (that is, without
subcontracting) The 20 percent requirement shall be
understood to refer to the Work the value of which
totals not less than 20 percent of the Contract Price
6.8.2. if the c......lemepitaf.Gendition.; Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials or equipment) to be
submitted to OWNER
prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER-eM' 4
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make wntten objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of
8irr I G.l SUPPli ff Or 9thArPOr
aJ
ef reasenable ebjeetieH .,r.e_ a... ,.-.:
will he issued 9F Vffit4en Amendment signed, will
constitute a condition of the Contract requiring the use
of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
written approval is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work
69 1 CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationsfiip between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to any subcontractor. supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with CONTRACTOR'S
Airolications for Pavment"
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.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
,a
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 13
No Text
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REVISION OF SECTION 105
COOPERATION BETWEEN CONTRACTORS
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.07 shall include the following
Concrete construction and/or reconstruction operations at intersections may involve the destruction and
replacement of traffic signal loop detectors The existing traffic signal loop detectors shall be removed by the
contractor at no additional cost. New loop detectors may be installed at other intersections where they do not
now exist 1Vew and replacement loop detectors will be installed by the City Traffic Division. The Contractor
shall cooperate with the schedule of this work to insure the timely installation of new loop detectors.
Also, the Gontractor shall coordinate with the City Traffic Division to insure that any cleanup required after
the installation of the loop detectors will be completed before concrete placement operations begin.
Project Specifications - Page 3 of 41
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REVISION OF SECTION 105
INSPECTION OF WORK
Section 105 of the Standard Specifications is hereby revised as follows -
Subsection 105.11 shall include the following:
The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling
of required inspection, measuring for pay quantities, and sampling The Contractor shall notify the Engineer
a minimum of 24 hours in advance of starting any construction operation that will require inspection,
measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the
owner and the Engineer from any responsibility for additional costs or delays caused by such failure.
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his
contract as prescribed Work and materials not meeting specifications shall be corrected, and unsuitable work
or materials may be rejected, notwithstanding that such work or materials have been previously inspected by
the Engineer, or that payment therefore has been included in the progress estimate.
Project Specifications - Page 4 of 41
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REVISION OF SECTION 105
MAINTENANCE DURING CONSTRUCTION
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105.14 shall include the following.
h
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall
be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left
uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the
necessary manpower and equipment to satisfactorily clean the roadway area
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed
to clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work
The Contractor shall maintain the streets during the construction process as prescribed above.
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service
All cost of maintaining the work during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
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Project Specifications - Page 5 of 41
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REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised as follows: t
Subsection 107 12 shall include the following
The fact that any underground facility - sprinkler systems, utility services, etc - is not shown on the plans,
details or construction documents, shall not relieve the Contractor of his responsibilities as provided for in
the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such
underground improvements which may be subject to such damage by reason of his operations.
Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer.
If the area to be repaired is five (5) inches or less in width, the Contractor shall clean the area of all debris
(i.e. concrete, road base, etc) to a minimum depth of four (4) inches, prepare all edges to be clean and
vertical, and place (see below) and compact topsoil The topsoil shall be compacted utilizing a hand -operated J
roller or other method approved by the Engineer
For concrete repair locations, the placement of topsoil (backfill) shall be completed within two (2) working
days of the placement of the concrete.
The topsoil shall consist of loose friable loam reasonably free of admixtures of subsoil, refuse, stumps, roots,
rocks, brush, weeds, heavy clay, hard clods, toxic substances or other material which would be detrimental
to the proper development ofvegetative growth The material to be utilized shall be approved by the Engineer
prior to placement.
The topsoil shall be in a relatively dry state and placed during dry weather The topsoil shall be fine graded
to eliminate rough and low areas and ensure positive drainage. The existing levels, profiles and contours shall ^
be maintained
If any portion of the area to be repaired is greater than five (5) inches in width, the Contractor shall clean and
prepare the area along the entire length of the repair location as stated above to a minimum of one (1) foot,
place sod over the entire area, water once, and notify the property owner in writing of the nature of the work
that has taken place and that the sod will be watered only once
If the area to be repaired is only damaged on the surface, the Contractor shall remove the damaged areas of
sod to a depth that will allow new sod to be plaoed, place new sod, water once and notify the property owner in writing of the nature of the work that has taken place and the fact that the sod will be watered only once.
The minimum overall width of the area to be sodded shall be one (1) foot
For concrete repair locations, the placement of sod shall be completed by the end of the first working day of
the week following the placement of the concrete
Sprinkler systems - Sprinkler systems designated for relocation shall be capped off at the lunits of construction `J
and protected from damage by the contractor Sprinkler heads shall be salvaged and stockpiled on each
property for use when reconstructing the sprinkler systems Sprinkler systems damaged outside of the
constriction limits as a result of construction operations shall be replaced at the Contractor's expense, within
three working days of written notification from the Engineer Sprinkler system relocation shall be measured
and paid on a time and material basis. All repair of sprinkler systems damaged as a result of the construction
operations shall take place within three (3) working days from the date of damage
Project Specifications - Page 6 of 41
REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE
All landscaping that is damaged due to construction operations shall be replaced by the Contractor at his
expense unless a written waiver is obtained from the property owner and submitted to the Engineer. Re -
sodded lawns shall be watered once by the Contractor.
All costs for protecting and restoring landscaping and lauds shall be considered a subsidiary obligation ofthe
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
separately ]or the protection and restoration of landscaping and lawns. All restoration of landscaping and
lawns damaged by construction operations other than concrete repair shall take place within three (3) working
days from the date of damage
In areas where the Engineer directs new work or the reconstruction areas require grade adjustment, the
placement of topsoil, sod and sprinkler relocation will be provided by the City under separate contract.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for
separately-
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised as follows:
Subsection 108.04 shall include the following.
The City of Fort Collins work shall be completed within the following calendar months
The work at Colorado State University shall be completed within the following calendar months
Subsection 108.06 shall include the following
A schedule ofwork must accompany any bid, and shall include number of working days per area to complete
all unit work items covered by the contract Individual street quantities are described in Section 02500,
Quantity Estimates. Vicinity maps of each area are included in Section 03500, Project Maps
Prior to award, mutually acceptable milestones shall be determined by the Contractor and the City based on
the schedule of working days discussed above.
Once work required prior to the overlay is completed under a separate contract, the City Representative will
notify the Contractor that the area is completed The Contractor shall then mobilize to the area within ten
(10) working days after receiving notification of its accessibility
Subsection 108 07 shall include the following
Failure to meet the agreed upon milestones, mobilize to an area within 10 days, or fully complete the work
within sixty (60) working days shall result in damages assessed against the Contractor
At the City's option, liquidated damages in the amount of $1000.00 per day may be retained from any monies
due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof,
and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the
Contractor in lieu of liquidated damages
Project Specifications - Page 8 of 41
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REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised as follows
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'.subsection 201.03 shall be amended to include the following
When any tree roots are encountered during construction operations, the Contractor shall notify the Engineer
prior to any root removals The Engineer and the City Forester's representative shall then make a
determination regarding removal
Tree roots shall be removed with a sharpened, sanitized saw, cut orthogonally to its longitudinal axis as
closely as practical, to leave the fleshly cut root surface in a clean and smooth condition Axes, or other blunt
objects shall not be used to cut tree roots.
Where it is anticipated that tree roots may be encountered, great care shall be taken by the Contractor to
prevent any damage to the roots with tools or equipment
All costs for removing tree roots shall be considered a subsidiary obligation of the Contractor in connection
with the various items of the Work, and no measurement of payment shall be made separately for the removal
of tree root:..
Project Specifications - Page 9 of 41
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
(GRINDING/SURFACE PREPARATION)
Section 202 of the Standard Specifications is hereby revised as follows
Subsection 202 05 shall include the following
The intent of this specification is to specify materials and methods for the grinding of existing pavement sections to
remove the pavement to a specified depth, the removal and disposition of the ground material, and the preparation of
the surface of the base material disturbed by the grinding process. All workmanship and materials shall be in
accordance with this specification.
All concrete marked for repair within areas marked for grinding shall be repaired prior to commencement of the
grinding -
The Contractor shall provide a smooth surface suitable for the installation of new pavement to follow. The finished
surface shall be free from gouges, grooves, ridges, sooting oil film and other imperfections of workmanship. The
completed ground surface shall have a uniform textured appearance. It is the intent of this specification that the
finished cross section of the roadway will be improved to eliminate excessive crown, excessive lips at the gutter pan
areas and that the overall ride quality of the roadway section will be improved The existing pavement shall be ground
to the depth specified. Allowable tolerance for the pavement removal shall be within one-half inch (%") of the specified
depth.
In areas where the grinding process disturbs the existing subgrade/base course, the Contractor shall utilize a rubber
tired roller to re -compact the surface This item will not be measured and paid for separately but shall be included in
the price for Removal of Structures and Obstructions (Grinding/Surface Preparation)
$ in the opinion of the Engineer, the subgrade material/base course is unsuitable and will require additional grinding
and/or excavation, the Engineer will direct the Contractor to perform the work in accordance with this specification,
Section 203 - Excavation The method of work and payment are covered in the appropriate specification.
Stockpiling of ground materials or cuttings shall not be permitted on the project site. All ground materials shall
become the property of the City of Fort Collins and shall be delivered by the Contractor to the City's site at 1500
Hoffman Mill Road.
A grinding machine shall be used by the Contractor to perform the grinding operation. The equipment shall be self- ^
propelled with sufficient power, traction, and stability to maintain adequate depth of cut and slope The equipment shall
be capable of accurately and automatically establishing a finish profile grade along each edge of the machine within
one-half inch (%") of the specified depth
The grinding depth along the curb and gutter shall always be one inch (1 ") greater than the specified depth. This item
will not be measured and paid for separately but shall be included in the unit price for grinding to the specified depth
The grinding machine shall be equipped with an integral loading and reclaiming means to immediately remove the
materials being cut from the surface of the roadway and discharge the cuttings into a truck, all in one operation. The
machine shall be equipped with a means to control the dust created by the cutting action and shall meet or exceed all
local, state and federal air pollution laws.
The Contractor shall also provide adequate backup equipment (mechanical street sweepers, loaders, water truck, etc.)
and adequate personnel shall be provided to insure that all cuttings are removed from the roadway daily
It is the intent of this specification that the ground section will be paved back as follows
Project Specifications - Page 10 of 41 `J
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REVISION OF SECTION 202
REM13VAL OF STRUCTURES AND OBSTRUCTIONS
(GRINDING/SURFACE PREPARATION)
On streets where the grinding depth is such that the aggregate base course is to be replaced, the aggregate base
course shall be placed the same day as the grinding and the bituminous paving (1st lift.) within 48 hours of
the grinding
The Engineer reserves the right to require that the ground section be paved back immediately in the case of
grinding done on Friday, in the event that severe weather is imminent, or in the case that the: ground section
presents an extreme safety hazard to the traveling public or mconvenience to the residents.
In the event that the ground section is not paved back the same day as the grinding, the Contractor shall
provide access to the residents as directed by the Engineer
In the event that the ground section is not paved back the same day as the grinding, the Contractor shall be
responsible for the protection of the subgrade/base course until subsequent courses have been placed
The Engineer may require that the pavement grinding operation be referenced from an independent grade
control in those areas where the existing curb and gutter or roadway surfaces have deteriorated
In the event that the entire pavement width along a section of roadway has not been ground to a uniform
surface by the end of the work period resulting in a vertical longitudinal face exceeding one inch (1") in
height, this longitudinal face shall be sloped in a manner acceptable to the Engineer so as not to create a
hazard to traffic using the roadway during periods when the constriction is not in progress Transverse faces
that are present at the end of the working period shall be tapered at a 3.1 ratio (three (3) inches horizontally
for each one (1) inch of vertical drop )
The grinding machine shall not be operated within the close proximity to manholes, inlets, valve boxes and
other obstructions that have not been lowered to avoid damage to these structures (See Revision of Section
210 - Adjust Manholes, Valve Boxes, Meter Boxes for requirements for referencing structures during
construction ) The approaches to and from these structures shall be tapered to allow a smooth transition over
these structures to accommodate traffic flow over the manhole, valve box or other obstruction. Allowable
taper shall not be greater than one quarter inch vertical rise per one foot distance from the structure
All curbs, gutters and other surfaces shall be cleaned of all debris and left in a neat and presentable condition at the
end of each working day
The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the
work. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise
suitable caution to avoid damage to all trees, shrubs, and other plant material All trimming shall be performed under
the dii ection of the Engineer and/or City Forester
Project Specifications - Page I 1 of 41
In
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.
611. 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
is .h a Sulbeea4raeter or c.....plie_ .. he is listed
,r,i• 1 d- on the prep,._...
Supplier will
ENGINET!5R, ENC;R;EER'S Consultants and all at
A-d-d-itiAnAl InRlirPdS c 11 1 _ a ,1a_.,a.... aa ..aa b.
D J.
peheies fequtFe separate waivef fa s 4e be signed b)'cfy
Subeentm;etsFo; Supplier, CONTRACTOR will elatain the
same
Patent Fees and Royalties:
612. 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 indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages arising out
of or resulting from any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product or device not
specified in the Contract Documents.
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
14
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
CONTRACTOR must anoly for, and receive. a
Certificate of ExemRtion from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the project This
Certification of Exemption provides that the
CONTRACTOR shall neither pay nor include in his
Bid. Sales and Use Taxes on those building and
construction materials physically incorporated into the
ro ect
Address -
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials hysically incorporated into the
EJCDC GENERAL CONDITIONS 191M (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
(GRINDING/SURFACE PREPARATION)
Subsection 202.07 shall be revised to include the following
The accepted quantities of Removal of Structures and Obstructions (Grinding/Surface Preparation) will be paid for at
the contract unit price per square yard including haul. The removal of material in areas not accessible to the grinding
machine will be paid for at the contract unit price for Grinding
Taper Planing shall consist of cold milling along the gutter at a depth of one inch (I") tapered to a depth on the other
side of the mill of zero inches (0") The width for Taper Planing shall be six (6) feet. Taper Planing shall be paid at
the contract unit price per lineal foot
Payment will be made under
Pay Item Pay Unit
202.10 Grinding (Plamng)/Surface Preparation
Depth = 3 inches or less Square Yard
202.20 Grinding (Plamng)/Surface Preparation
Depth = 3+ to 5 inches Square Yard
202.30 Grinding (Planing)/Surface Preparation
Depth = 5+ to 7 inches Square Yard
202.40 Grinding (Plamng)/Surface Preparation
Depth = 7+ to 9 inches Square Yard
202.50 Taper Planing Along Gutter Lineal Foot
The above prices and payments shall include full compensation for fumislung all labor, materials, tools, equipment,
and incidentals and for doing all work involved in the Removal of Structures and Obstructions (Grinding/Surface
Preparation), including haul, complete -in -place, as shown on these plans, as specified in these specifications, and as
directed by the Engineer
Project Specifications - Page 12 of 41
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REVISION OF SECTION 203
EXCAVATION AND BORROW
Section 203 of the Standard Specifications is hereby revised as follows.
Subsection 203.01 is revised to include the following
This work shall consist of removing and disposing of the existing pavement, base or other material, preparing
the subgrade for the subsequent course, and placing borrow in accordance with the specifications and in
reasonably close conformity with the Imes, grades, and typical cross sections shown on the plans or as
designated by the Engineer. All excavation will be classified, "General Excavation," "Muck Excavation,"
as hereafter described. The Contractor shall dispose of all excavated material
Subsxtion 203 05 is revised to include the following.
(a) General Excavation shall consist of the excavation of all materials of whatever character required
for the work not being removed under some other item
(b) Muck Excavation shall consist of the removal of unstable soils unsuitable for construction not being
removed under some other item
Subsection 203 07 is revised to include the following:
Borrow material shall meet the grading requirement for Class 1 (Pit Run) or Class 5 (Road Base) Aggregate
Base Course (Page 698 of the Standard Specifications). (The Class 1 Aggregate Base Course need not be
crushed and can be of the pit run variety provided it falls within the gradation requirements as shown in the
Standard Specifications ) The material required for a specific location shall be directed by the Engineer
SubrA=on 203.09 is revised to include the following:
The Contractor shall be responsible for the protection of the subgradwbase course until subsequent courses
have been placed.
The excavation will be accomplished in the following manner
General Excavation -
The pavement areas to be removed will be marked on the surface by the Engineer with paint A
straight vertical cut shall be made through the pavement to provide a square or rectangular opening,
such that each edge will be parallel or at right angles to the direction of traffic Wheel cutting shall
not be allowed.
If, in the opinion of the Engineer, the subgrade material is unsuitable, it shall be removed to the
limits and depths designated.
After the material has been removed to the depth specified by the Engineer, the Contractor shall
prepare the subgrade by compacting with a sheepsfoot roller, rubber tired roller and/or other
compaction equipment as approved by the Engineer The subgrade preparation shall not be
measured and paid for separately, but shall be included in the contract unit price for General
Excavation.
Project Specifications - Page 13 of 41
REVISION OF SECTION 203
EXCAVATION AND BORROW
Muck Excavation:
Where excavation to the finished grade section (including General Excavation and Patching) results
in a subgrade of unsuitable soil, the Engineer may require the Contractor to remove the unsuitable
materials and backfill to the finished grade section with approved material (asphalt or borrow).
After the material has been removed to the depth specified by the Engineer, the Contractor shall
prepare the subgrade with a sheepsfoot roller, rubber tired roller, vibratory plate, steel drum roller,
and/or other compaction equipment as approved by the Engineer The subgrade preparation shall
not be measured and paid for separately but shall be included in the contract unit price for Muck
Excavation.
Borrow.
Borrow shall be placed as directed by the Engineer The minimum amount of borrow shall be one
load (minimum ten (10) ton) The cost for compaction shall be included in the Contract Unit Price
for Borrow
Subsection 203 17 shall include the following
The Contractor and the Engineer shall field measure and agree upon the excavated quantity before any further
work continues Should the Contractor fail to request the Engineer to measure any work and perform other
work that would prevent the Engineer from measuring pay quantities, the Contractor shall not be compensated
for materials not measured by the Engineer
The accepted quantities of Excavation will be paid for at the contract unit price per cubic yard. Subgrade _
preparation, haul and disposal will not be measured and paid for separately.
The accepted quantities of Borrow will be paid for at the contract unit price per ton. Compaction and haul
will not be measured and paid for separately
Subsection 203.18 shall include the following
Payment will be made under
PAY ITEM UNIT
203 10 Excavation - General Less Than 100 CY Cubic Yard
203 11 Excavation - General Over 100 CY Cubic Yard
203 20 Excavation - Muck Cubic Yard
203 30 Borrow - Less Than 100 Ton TON
203 31 Borrow - Over 100 Ton TON
Project Specifications - Page 14 of 41
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REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
Section 210 of the Standard Specifications is hereby revised as follows:
Subsection 210.02 is revised to include the following
Manholes, valve boxes, meter boxes, and all other similar structures located vn a pavement s hall be adjusted
as noted below.
Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the
Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings
shall be maintained by the Contractor until the work has been completed and accepted by the Engineer
The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have
all necessary materials on hand prior to commencmg the work. The adjustment shall be made as noted below
If Contractor chooses to adjust structures prior to the overlay, all structures shall be adjusted within five (5)
working days prior to the overlay.
All structures shall be adjusted to be 1/8" to 5/8" below the pavement.
In locations where a structure to be adjusted is surrounded by a concrete collar, the concrete: collar shall be
removed and replaced with Hot &tumorous Pavement Grading SG HBP shall be used or all locations except
as noted below.
In locations where a structure adjustment takes place and no overlay is scheduled, Grading SG HBP shall be
placed in the bottom of the patches and shall be left one (1) to one and one-half (1 I/2) inches below the
existing street surface to allow the patch to be"topped" with a surface course material. The "topping" material
shall be Hot Bituminous Pavement, Grading SX on residential, and Grading S on arterials or collectors Hot
Bituminous Pavement used for "topping" material will be measured and paid far at the contract unit price for
Patching.
Pavement removal (concrete or asphalt) and placement of bituminous material (Hot Bituminous Pavement)
utilized for structure adjustment, including Grading SG and "topping" material, shall be paid for under the
contract unit price for Patching
The Engineer shall determine the method of adjustment for each structure Valve boxes shall be adjusted by
one of the following methods
Adjust by removing the existing pavement (concrete or asphalt), adjustrrrg the valve by
turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then
spreading and mechanically compacting bitummous materiel. This item will be measured
and paid for separately under "Adjust Valve Box", not includmg bituminous material
If the 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 valve box is or 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 The top section part will be measured and paid for separately under
the terms of this Contract. The excavation shall then be back filled with Non -Shrink
backfill, or other approved material, to the top of subgrade, and then material of the same
grade and quality as the adjacent pavement shall be placed A mix design ]'or Non-Shrmk
back fill shall be submitted and approved prior to starting; work These items shall be
Project Specifications - Page 15 of 41
1
REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
measured and paid for separately under "Adjust and Replace Top Section of Valve Box",
not including the top section part or bituminous material
Non -Shrink backfill — also called Flowable Fill or Unshnnkable 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 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.
3. Adjust with adjusting rings or Screw Type Adjustable Risers These items will be measured
and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type
Adjustable Riser", including material (parts)
The Contractor shall exercise reasonable care while attempting to adjust the valve boxes If the Contractor
is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense
Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or
an approved equal.
Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by
the Tyler Manufacturing Company, 6850 or 6860 Series, as approved by the Engineer
Manholes shall be adjusted by one of the following methods
Adjust by removing an area of pavement (concrete or asphalt) with a mmmtum diameter
one foot (l') larger than the structure (centered on the structure) by cutting vertical edges,
adjusting the manhole by grouting concrete rings and/or utilizing metal slums to raise the
structure to the proper grade, then spreading and mechanically compacting bituminous
material. This item will be paid for under "Adjust Manhole", not including bituminous
material
Adjust with adjusting rings This item will be measured and paid for separately under
"Adjust Manhole with Ring" Paving rings are not permitted on arterial streets, collector
streets, or in the wheel path.
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 by the Contractor
If a manhole or valve box is located in an area to be patched or cold milled, it may be adjusted as part of that
operation utilizing one of the methods listed in the previous paragraphs The adjustment will be paid for
under the matching item
If the structure is adjusted during the grinding or patching operation, the Contractor shall place hot
bituminous material around the structure as directed by the Engineer to insure that it will not be a hazard to
vehicular traffic
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
Project Specifications - Page 16 of 41
0
lil
0
0
A
0
REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
In the event that a structure was not properly adjusted (i e. too high or too low), written notice will be given
by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (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
The Engineer will also notify the Contractor in writing of any structures that were covered during the paving
operation The Contractor shall then have five (5) working days to make said structure accessible or will be
subject to the constraints of the previous paragraph with respect to a third party completing, the work.
Structures may be temporarily raised during the overlay utilizing adjusting rings with the adjusting rings to
be salvaged by the Contractor. This item will not be measured and paid for separately
If a structure is adjusted after the overlay is complete, the Contractor must exercise care as not to damage the
new pavement surrounding the structure The "topping" material shall be Grading SX on residential streets,
and Grading S on arterial and collector streets Grading SG shall be used for the bottom hfts as described in
Revision of Section 403, Hot Bituminous Pavement - Patching
Subsccuon 210 04 shall include the following:
The accepted quantities of Adjust Manholes, Valve Boxes, Meter Boxes will be paid for at the contract unit
price per each Non -shrink backfill, concrete, haul and disposal will not be measured and paid for separately
but shall be included in the contract unit price for each type of adjustment.
Payment will be made under:
Pay Item Pay Unit
21001 Adjust Valve Box Each
210.02 Adjust Valve Box With Ring Each
210.03 Adjust Valve Box with Tyler 6860 Series,
Item R 69, Screw Type Adjustable Riser Each
210.04 Adjust and Replace Top Section of Valve Box Each
210.05 Tyler 6850 Series, Item 58,
14" Valve Box Extension (Part Only) Each
210.06 Tyler 6860 Series 16" Valve Box
Top Section Without Lid (Part Only) Each
210.07 Tyler 6860 Series 26" Valve Box
Top Section Without Lid (Part Only) Each
210 08 Total Valve Box Replacement
Tyler 6860Senew, 30"Bottom Section Each
21009 Adjust Standard Manholes 24" Each
Project Specifications - Page 17 of 41
I
REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
210 10 Adjust Special Manhole >24" Each
21011 Adjust Manhole With Ring Each
The above pries 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, haul and disposal, as shown on the plans, as specified in these specifications, and as directed by the
Engineer.
Project Specifications - Page 18 of 41
REVISION OF SECTION 306
RECONDITIONING/ASPHALT RECYCLING
Section 306 of the Standard Specifications is hereby revised as follows
Subsection 306 02 is revised to include the following
Reconditioning shall consist of scarifying and re -compacting the top 8" of the entire subgrade. Sufficient
water shall be added to meet the density requirements as specified. The subgrade shall be thoroughly mixed
and moistened to full depth and compacted as specified in Section 203.07 7'he 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. The surface shall be satisfactorily
maintained until base course or pavement has been placed
Asphalt Recycling shall consist of homogeneously pulverizing and mixing the existing asphalt roadway and
underlying base material to a depth as determined by the Engineer. Care shall be taken to insure that the
recycling process does not extend into the subgrade material. The resulting mixture shall be pulverized and
blended to the satisfaction of the Engineer and meet the following requirements
Minimum Passing 1%" 97-100 %
IvLmmum Passing No. 1 Sieve 60-65 %
The equipment required for Asphalt Recycling shall be a self-propelled, rotary cross shaft mixing machine
with a minimum of 400 horsepower and equipped with carbide -tipped teeth. This machine must be capable
of making consecutive passes until the gradation requirement is met The mixer shall be capable of
pulverizing and mixing to a minimum depth of 12".
The subcontractor performing Asphalt Recycling must have previous experience in the field of in -place
Asphalt Recycling
Subsection 306.04 is revised to include the following
The accepted quantities of Reconditioning and in place Asphalt Recycling will be paid for at the contract unit
price per square yard
Payment will be made under
PAY ITEM UNIT
306 10 Reconditioning (8") S Y.
306.20 Asphalt Recycling (4") S Y.
306 21 Asphalt Recycling
Additional Inch Thickness S Y inch
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 and Asphalt Recycling, complete -in -place, mcluding
compaction, wetting or drying, and finish grading, as shown on the plans, as specified in these specifications, and as
directed by the Engineer
Project Specifications -Page 19 of 41
REVISION OF SECTION 307
STABILIZED SUBGRADE - CLASS C FLY ASH
Section 307 of the Standard Specification is hereby revised as follows
DESCRIPTION
This item shall consist of treating the subgrade, existing subbase or existing base, by pulverizing, adding Class C fly
ash, and mixing and compacting the mixed material to the required 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
(1) Fly Ash - Fly Ash shall meet ASTM C 618 for Class C Fly Ash
(2) Water - The water used in the stabilized mixture shall be potable
CONSTRUCTION REQUIREMENTS
EQUIPMENT
(1) The machinery, tools and equipment necessary for proper prosecution of the work shall be on the
project 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.
(2) Fly ash is furnished in trucks Each truck shall have the weight of fly ash recorded on certified
scales.
CONSTRUCTION METHODS
(1) General
It is the purpose of this specification to secure a completed course of treated material which contains
a uniform fly ash/soil mixture with no loose or segregated areas, has a uniform density and moisture
content, is well bound for its full depth, and has a smooth surface sortable 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 provide full depth as shown on the 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.
(2) Preparation of Subgrade
Before other construction operations are begun, 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
(3) Application
The fly ash shall be spread by a method approved by the Engineer at the rates shown on the plans
or as directed by the Engineer 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.
Project Specifications - Page 20 of 41
u
REVILSION OF SECTION 307
STABILIZED SUBGRADE - CLASS C FLY ASH
During final mixing, the materials shall be sprinkled, as directed by the Engineer, until the proper
moisture content has been secured. However, initial mixing after the addition of fly ash will be
accomplished dry, or with a mumrnum 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 21/6, nor be less than optimum by more than 2% 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.
(4) Mixing
a' The soil and fly ash shall be thoroughly mixed by approved road mixers or other approved
equipment. The mixing shall continue 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. There shall be a 6"
overlap between passes to assure a consistent mix.
(5) Compaction
Compaction of the mixture shall begin immediately after mixing of the fly ash and shall be
completed within two hours following addition of water to the fly ash 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 the
specified density
QAll non -uniform (too wet, too dry, or insufficiently treated) areas which appear shall be corrected
immediately by scanfying the areas affected, adding or removing material as required, and reshaping
and re -compacting 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.
The stabilized section shall be compacted to the extent necessary to provide the density specified
below.
p
DESCRIPTION
DENSITY
For fly ash treated subgrade, existing subbase or I Not less than 95% maximum dry density
existing base that will receive subsequent
subbase or base courses
For fly ash treated base that will receive surface
course
(ASTM D 698)
Not less than 97% 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, tests as necessary will be made by the Engineer. 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 by blading, 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.
Blading should be terminated within two hours after blending of the fly ash. Should the material,
AProject Specifications - Page 21 of 41
Hazard Communication Programs.*
6.22 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets
or other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
623 In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated
to act to prevent threatened damage, injury or loss
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR
in response to such an emergency, a Work Change
Directive or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Samples:
6 24 1 CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6 24.2 CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals_ Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
purposes required by paragraph 6 26. The numbers of
each Sample to be submitted will be as specified in
the Specifications.
6.25. Suhmittal 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,
625 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 2'5.2 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 2 5.3 At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal, and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation.
6 26 ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2 9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings
and submit as required new Samples for review and
approval CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
627. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
16
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
REVISION OF SECTION 307
STABILIZED SUBGRADE -CLASS C FLY ASH
due to any reason or cause, lose the required stability, density or 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.
(6) Finishing, Curing, and Preparation for Surfacing
After the final layer or course of the treated subgrade, subbase or base has been compacted, it shall
be brought to the required lines and grades in accordance with the typical sections.
(a) 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 1/4",
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 on the surface of the mixture, one complete coverage of the section
with the flat 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 planes, is produced The
moisture content of the surface material must be maintained within the specified range
during all finishing, and 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
(b) After the fly ash treated course has been finished as specified herein, the surface shall be
protected against rapid drying in a thorough and continuously moist condition by sprinkling
for a period of not less than three days, or until the surface or subsequent courses are placed.
MEASUREMENT
Fly ash treatment of the subgrade, existing subbase, and existing base shall be measured by the square yard to neat lines
as shown on the typical sections
PAYMENT
Work performed and materials furnished as prescribed by this item and measured as provided under "Measurement'
will be paid for as follows
PAY ITEM
UNIT
307.10 Class C Fly Ash Delivered and Spread - 12" Depth, 10% By Weight Ton
307 20 Stabilize Subgrade - Tilled, Watered, and Compacted S Y
"Fly Ash Treated Subgrade" will be paid for at the unit price bid per square yard The unit price bid shall be
full compensation for all correction of secondary subgrade; for loosening, mixing, pulverizing, spreading,
drying, application offly ash, shaping, and maintaining; for all curing, including all curing water and/or other
curing materials; for all manipulations required, for all hauling and freight involved, for all tools, equipment,
labor, and for all materials necessary to complete the work, including fly ash, as shown on the plans, as
specified in these specifications, and as directed by the Engineer
Project Specifications - Page 22 of 41
IM
9
REVISION OF SECTION 401
PLANT MIX PAVEMENTS
Section 401 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 nux 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 mmmium of one month prior to the begmnmg of construction for each proposed change. The
Contractor shall provide the Engineer with a report from an independent testing laboratory acceptable to the
Engineer. The report shall state the Superpave properties, optimum oil content, job mix formula and
recommended mixing and placing temperatures The costs for alljob mix formulas shallbe the responsibility
of the Contractor
s 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.
Mix design verification testing shall be the responsibility of the Contractor. A minimum of one verification
per mix design shall be provided to confirm oil content, gradation, air voids, VMA, and stability.
Subsection 401.17 is hereby revised to include the following:
' All pneumatic tire rollers shall be equipped with rubber skirts
M
0
0
M
0
0
C
Project Specifications - Page 23 of 41
9
REVISION OF SECTIONS 401 AND 703
COMPOSITION OF MIXTURES
Sections 401 and 703 of the Standard Specifications will be performed in general accordance with CDOT design
criteria for this project.
The following two paragraphs shall be deleted from subsection 40102
(a)(4) "A sufficient quantity of each aggregate, mineral filler, reclained material, and additive for the
required Laboratory tests "
"The Department will process one asphalt design mix for each pavement grading at no charge to the
Contractor The Contractor will be assessed a charge of $3000 for testing and evaluating each additional
design mix submitted by the Contractor."
Table 703-3 shall include the following:
TABLE 703-3A
Master Range Table for Hot Bituminous Pavement
Sieve
Size
Percent by Weight Passing Square Mesh Sieves
Grading S
Grading SG
Grading SX
37.5 mm (1'/s")
100
25 0 mm (1")
100
90 - 100
19 0 min (3/4")
90 - 100
100
12 5 min ('/2")
*
*
90 - 100
9 5 mm (3/g")
4 75 mm (#4)
2.36 min (#8)
23 - 49
19 - 45
28 - 58
1 18 min (#16)
600 um (#30)
•
300 um (#50)
150 um (#100)
75 um (#200)
2-8
1-7
2 - 10
* These additional Form 43 Specification Screens will initially be established using values from the As Used
Gradation shown on the Design Mix.
Project Specifications - Page 24 of 41
9
REVIISION OF SECTION 401
WEA THER LIMITATIONS AND PLACEMENT TEMPERATURES
Section 401 of the Standard Specifications is hereby revised for this project as follows
Subsection 401.07 shall include the following
Plant mix pavement shall be placed only on properly prepared unfrozen surfaces which are free of water,
snow, and ice. The plant mix pavement shall be placed only when both the air and surface temperatures equal
or exceed the temperatures specified in Table 401-3,the dates coincide with Table 401-3 A, and the Engineer
determines that the weather conditions permit the pavement to be properly placed and compacted.
a-
0
H
R
oil
in
N,
M
0
O
0
Project Specifications - Page 25 of 41
[It
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 -
This work shall consist of placing the specified depth of Hot Bituminous Pavement, Grading SX - Parking
Lot Overlay, Grading SX, Grading SG, or Grading S, over existing pavement or subgrade surfaces previously
prepared by the Contractor or City of Fort Collins Crews, according to the current Colorado Department of
Transportation Design Criteria
Subsection 403.02 is revised to include the following
Laboratory Mix Design - SHRP Mix, Grading S - The mix design shall be prepared by an independent laboratory
acceptable to the Engineer. The criteria for the mix design is as follows
Designed according to most recent set of SUPERPAVE Specifications available at the time
A request made in writing by the Contractor for changes in the job mix formula will be considered by the
Engineer.
The design mix for Grading S, SX, and SG shall conform to the following
TABLE 403-1
Property
Test
Grading S
Grading SG
Grading SX
Method
Air Voids, percent at:
• (initial)
CPL 5115
> 11.0
> 11 0
> 110
•(design)
30-50
3.0-5.0
3.0-5.0
• (maximum)
> 2 0
> 2 0
> 2 0
Lab Compaction (Revolutions).
• (initial)
CPL 5115
(a)
(a)
(a)
• (design)
(b)
(b)
(b)
• (maximum)
(a)
(a)
(a)
Stability, nummum
CPL 5106
(a)
(a)
(a)
(for information)
Aggregate Retained on the 4.75
min (No. 4) Sieve with at least
CP 45
60
90
60
two Mechanically Induced
Fractured Faces, % minimum
Accelerated Moisture
CPL 519
Susceptibility Tensile Strength
80
80
80
Ratio (Lottman), minimum
Method B
Project Specifications - Page 26 of 41
0
N
0
K
0
REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT
Property
Test
Grading; S
Grading SG
Grading SX
Method
Minimum Dry Split Tensile
CPL 5109
Strength, kPa (psi)
Method B
205 (30)
205 (30)
205 (30)
Grade of Asphalt Cement
Top Layer
PG 64-22
PG 64-22
PG 64-22
Grade of Asphalt Cement
Layers Below Top
PG 64-22
PG 64-22
PG 64-22
Voids in the Mineral Aggregate
(VMA) % minimum
CP 48
(a)
(a)
(a)
Voids Filled with Asphalt
Al MS-2
(a)
(a)
(a)
(VFA) %
(a) Current CDOT Design Criteria
(b) Residential 50, Collector 75, Arterial 100
Note. AI MS-2 = Asphalt Institute Manual Series 2
Note: The current version of CPL 5115 is available from the Region Materials Engineer
Note: Mixes with gradations having less than 40% passmg the 4.75 min (No 4) sieve shall be approached
with caution because of constructability problems
The Contractor shall prepare a quality control plan oudmuig the steps taken to minimize segregation of HBP.
This plan shall be submitted to the Engineer and approved prior to beginning the paving operations When
the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation
shall be corrected before paving operations will be allowed to resume
Reclaimed materials will not be allowed in Hot Bituminous Pavement A maximum of 20% reclaimed
material will be allowed for HBP Grading SG.
The Contractor shall construct the work such that all raadway 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 mmply with this requirement
Subsection 401.03 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 2250 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 1 o 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
Project Specifications - Page 27 of 41
0
REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT
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 SX and S, shall be placed in equal lifts not exceeding two (2) inches. The y
minimum lift thickness shall be one (1) inch. HBP Grading SG shall be placed in equal lifts not exceeding
four (4) inches. 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
Any leveling courses placed shall be paid for at the contract unit price for Hot Bituminous Pavement.
Asphalt depths are specified per location in Section 02500, Quantity Estimate Any deviation from the
specified depths shall be approved by the Engineer prior to asphalt placement.
Subsection 403.04 shall include the followmg
Hot Bituminous Pavement Grading SX - Parking Lot, SX, SG, and S, will be measured by the ton and paid
for at the Contract Unit Price for Hot Bituminous Pavement Haul, 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 shall include the following
Payment will be made under:
Pay Item
Pay Unit
403.10 HBP Grading SX - Parking Lot
Ton
40320 HBP Grading SX
Ton
40330 HBP Grading S
Ton
40340 HBP Grading SG
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, including
compaction, rolling, haul, surface preparation, and bituminous materials, complete in -place, as shown on
these plans, as specified in these specifications, and as directed by the Engineer.
Project Specifications - Page 28 of 41
0
REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT - PATCHING
Section 403 of the Standard Specifications is hereby revised as follows
Subsection 403.01 is revised to include the following
This work shall consist of excavatmg pavement areas to the specified depth, preparing the subgrade, and
placing Hot Bituminous Pavement in accordance with these specifications, and in reasonably close
conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established.
Subsection 403 02 is revised to include the following.
The materials shall conform to the requirements of Revision of Section 403 - Hot Bituminous Pavement
found herem.
Subsection 403.03 is revised to include the following
t= Patching will be accomplished in the following manner.
�± A straight vertical cut shall be made through the pavement to provide a square or rectangular opening, such
that each edge of the finished patch will be parallel or at right angles to the direction of traffic. Wheel
cutting shall not be allowed All patches placed in pavement not to be overlaid shall be sawcut.
If, in the opinion of the Engineer, the subgrade material for the patch is unsnitable, it shall be removed to
the hunts and depths designated If asphalt is to be placed in the extra depth, the Contract Unit Price for
Patching shall be used for measurement and payment. If the deepened section is to be filled with Borrow,
the excavation will be measured and paid for under Revise on of Section 203 - Excavation and the material
paid for under the appropriate item found herein
The Contractor shall be responsible for the protection of the subgradelbase course until subsequent courses
have been placed
After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a vibratory
plate, roller, or other compaction device approved by the E3ngineer
After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat on all
pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these paving areas.
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
p 0 1 gallons per square yard
Grading SG shall be used in all locations except in locations where patching takes place and no overlay is
43 scheduled
Grading SG shall be placed in the bottom of the patches and shall be left one (1) to one and one-half (1'/2)
inches below the existing street surface to allow the patch to be "topped" with a surface course material. The
"topping" material shall be Hot Bituminous Pavement Grading SX for residential streets, and Grading S for
Project Specifications - Page 29 of 41
REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT - PATCHING
arterials and collectors Hot Bituminous Pavement used for "topping" material will be measured and paid
for at the Contract Unit Price for Patching
In locations where concrete repairs take place in an area of a large patch or in grind areas and the grind
operation does not immediately follow the concrete repair (three (3) days), the Contractor shall remove no
more than six (6) inches of pavement The pavement areas shall be temporarily patched with a minimum
of two (2) inches of asphalt. These locations shall be paid under the Contract Unit Price for Patclung
Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at a
temperature lower than 225 ° F.
Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3) working days
of said concrete work
Areas requiring reduction in the quantity for Patclung shall be deducted from the pay quantity using the
following formula
Deduct 0.054 Tons Per Square Yard Inch
Subsection 403 04 is revised to include the following.
Patching will be measured by the ton. Pavement cutting, excavation, subgrade preparation, haul, disposal,
and bituminous materials will not be measured or paid for separately, but shall be included in the contract
price for Patching
Load slips shall be consecutively numbered for each day and shall include the batch time
Subsection 403.05 is revised to include the following
The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton.
Payment will be made under
Pay Item Pay Unit
403.50 Patching 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 Patching, including pavement cutting,
excavation, haul, disposal, surface preparation, and bitummous materials, complete-m-place, as shown on
these plans, as specified in these specifications, and as directed by the Engineer
Project Specifications - Page 30 of 41
REVISION OF SECTION 403
GEOTEXTILE PAVING FABRIC
DESCRIPTION
This work shall consist of placing Geotextile Paving Fabric as manufactured by Phillips Fibers Corporation,
Hoechst Fibers Industries, Amoco Fabrics Company, or an approved equal in designated areas in substantial
compliance with the plans, specifications and as directed by the Engineer
MATERIALS
Geotextile Paving Fabric shall be a non -woven, needle: -punched pavement reinforcing fabric which conforms
to the following properties -
Grab Strength, either
40 lbs
dn-ectron, minimum
(ASTM D-4632)
Elongation, either direction,
50 percent
�.
minimum
(ASTM D-4632)
Burst Strength, minimum
185 PSI
(ASTM D-3786)
Weight, minimum
3.6 oz./sq yd
Asphalt Retention, minimum
0.2 gal /sq. yd
(TF25 #8)
Melting Point, minimum
300' Fahrenheit
(ASTM D-276)
The tack coat to be applied to the road surface and/or to the Geotextile Paving Fabric shall meet the following
requirements
Asphalt Cement AC-20
Emulsified and/or Cutback Asphalt shall not be used as tank coat for Geotextile Paving Fabric.
aCONSTRUCTION REQUIREMENTS
Surface preparation: The pavement to be repaired shall be cleaned and free of dirt, dust, water and vegetation.
Cracks shall be cleaned and filled in accordance with "Revision of Section 403, Crack Sealing" of these
Specifications. If the crack filling materials contain volatiles, adequate curing time must be allowed prior to
placement of the fabric. The pavement must be cleared of all sharp or angular protrusions.
Application of Tack Coat. The tack coat shall be applied at a rate in accordance with the manufacturer's
specifications (approximately 0.25 gal /sq yd) Application must be by a distributor Temperature of the tack
Project Specifications - Page 31 of 41
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Use of Premises.
6.16 CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents
and other land and areas permitted by Laws and
Regulations, rights -of -way, permits and easements, and
shall not unreasonably encumber the premises with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas,
resulting from the performance of the Work Should any
claim be made by any such owner or occupant because of
the performance of the Work, CONTRACTOR shall
promptly settle with such other party by negotiation or
otherwise resolve the claim by arbitration or other dispute
resolution proceeding or at law CONTRACTOR shall, to
the fullest extent permitted by Laws and Regulations,
indemnify and hold harmless OWNER, ENGINEER,
ENGINEER's Consultant and anyone directly or indirectly
employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from
any claim or actin, 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 based upon CONTRACTOR's performance
of the Work
6,17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it
Record Docunwids.
6.19_ CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9 4) in good order and annotated to show all
changes made during construction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference Upon completion
of the Work, and prior to release of final payment, these
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Safety and Protectiott:
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 of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
6 20 1 all persons on the Work site or who may be
affected by the Work;
6.20 2 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site, and
6 20 3 other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury or
loss to any property referred to in paragraphs 6.20.2 or
6 20 3 caused, directly or indirectly, in whole or in part,
by CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued
a notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and i J
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.
15
U
REVISION OF SECTION 403
GEOTEXTILE PAVING FABRIC
coat must be sufficiently high to permit a uniform spray pattern The maximum asphalt temperature shall be -
300° F
Geotextile Paving Fabric Placement The Geotextile Paving Fabric shall be placed into the tack coat with a
nummum of wrinkles
If Geotextile Paving Fabric folds greater than one inch (1") occur, the Geotextile Paving Fabric shall be slit
and allowed to he flat Additional tack coat shall be placed as required to insure fabric bonding
If Geotextile Paving Fabric is placed adjacent to patched sections of roadway, the fabric shall overlap said ,
patched section a minimum of 12 inches
All joints shall overlap adjacent fabric approximately 2-6 inches
Transverse joints of the Geotextile Paving Fabric shall be shingled in the direction of the paving to prevent
edge pickup by the paver
Additional tack coat shall be uniformly applied to the joints and overlaps to insure bonding I
It shall be the Contractors responsibility to maintain the Geotextile Paving Fabric until the overlay is complete.
If the Geotextile Paving Fabric begins to be picked up, the Contractor shall immediately broadcast sand or hot
mix asphalt over the area or "skin" the Geotextile Paving Fabric with Hot Bituminous Pavement SC Type I
or 2. Excess sand or hot mix shall be removed before paving Sand used for this purpose will not be measured
and paid for separately under the terms of this contract. Hot Bituminous Pavement (SC Type t or 2) used for
this purpose will be measured and paid for at their respective contract unit pries per ton.
Geotextile Paving Fabric shall be clean, dry and sufficiently bonded to the tack coat prior to commencing the
paving operations Paving operations shall be completed the same day as the Geotextile Paving Fabric
placement L -
METHOD OF MEASUREMENT
Geotextile Paving Fabric will be measured by the square yard including surface preparation and AC-20 tack
coat.
v
BASIS OF PAYMENT
The accepted quantities of Geotextile Paving Fabric will be paid for at the contract unit price per square yard
complete-m-place, including surface preparation and AC-20 tack coat
r-,
Payment will be made under.
tJ
Pay Item Pay Unit
403 60 Geotextile Paving Fabric Square Yard
Project Specifications - Page 32 of 41
M
hi
0
rM
R
0
0
0
0
REVISION OF SECTION 403
GEOTEXTILE PAVING FABRIC
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 tack coat and Geotextile Paving
Fabric, including haul and bituminous materials, complete -in -place, as shown on the plans, as specified in
these specifications, and as directed by the Engineer.
Project Specifications -Page 33 of 41
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised as follows J
Subsection 614.15 shall be revised as follows:
Tins work shall consist of furnishing, mstalhng, moving maintaining and removing temporary traffic signs,
advance warning arrows panels, barricades, channehzing 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 14, "Barricades, Wanting
Signs, Signal Lights", July, 1986.
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern ,}
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed
Devices temporarily not in use shall, as a minimum, be removed from the area. Moving will include devices
removed from the project and later returned to use. Payment shall be made for the maximum number of each
.,1
type of traffic control device being used at one given time per day
Traffic control devices shall be placed and/or stored in the City nght-of-way in such a manner that minimizes
the hazards to pedestrians, bicyclists and vehicles `
Traffic control devices shall be removed from the from the site immediately upon completion of the work
for any street(s). `—
Subsection 614 16 shall include the following:
All traffic control devices placed for this project must meet or exceed the minunum 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 a 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 614 20 shall be revised as follows
Traffic control through the construction areas is the responsibility of the Contractor.
For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied
fors. The Traffic Control Plans shall be submitted for approval to the Engineer 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 ) All plans shall be delivered to City Engineering,
281 North College Avenue 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
Project Specifications - Page 34 of 41
0
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
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 mrmmuny the following
Q (1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed imn t 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 channehzmg 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 those devices for which payment
is to be made Such approval does not relieve the Contractoe of liability specifically assigned to him under this
contract
Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO
PARKING" signs, the date to be placed, and the date to be removed The plans shall be prepared on City
supplied forms. The Parking Restriction Plans shall be submitted to the Engineer by 12 00 noon, two working
days prior to the commencement of work. (Note: Parking; Restriction Plans for work done on Monday and
Tuesday shall be submitted the previous Friday by 9 00 a.m ) All plans shall be delivered to City Engineering,
281 North College Avenue. Facsimiles of plans shall not tw allowed No phase of the construction shall start
until the Parking Restriction Plan has been approved. Failure to have an approved Parking Restriction 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
Subsection 614 21 shall be revised as follows:
Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS) The TCS(s) shall
possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic
Control Supervisor or Colorado Contractor's Association (C'CA) 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.)
One TCS shall be designated as the Head TCS The Head 'TCS shall have a minimum of one year experience
as a certified TCS. The Head 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.
The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour
Project Specifications • Page 35 of 41
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
pay unit for TCS
It is the intent of the specifications that the Head TCS be the same throughout the project If the Head 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 for the replacement
The Head TCS will be paid for under the TCS 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
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. Typed hand
delivered notification to all businesses and residents at least 24 hours prior to construction
(The notification of residents and businesses may be accomplished by a representative of
the TCS )
(5) Maintaining a project traffic control diary which shall become part of 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 traffic control devices
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing
letters indicating the nature of the work to be completed, any special instructions to the residents (i.e limits
on lawn watering during concrete pouring, etc ), the dates and times of the work, and the parking and access
restrictions that will apply, as well as thorough information placed on "NO PARKING" signs Sample letters
will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the
work. Letters shall be submitted with the Traffic Control Plans for approval Approved letters shall be
distributed a muumum of 24 hours prior to the commencement of work (Note The time frame criteria for
distributing letters is the same as for posting "NO PARKING" signs.) The cost for preparing and
distributing the letters shall be included in the cost for TCS.
Project Specifications - Page 36 of 41
a
REVISION OF SECTION 614
Q TRAFFIC CONTROL. DEVICES
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 his approved representative will be available on every
working day, "on call" at all times and available upon the: Engmeer's request at other than normal working
hours
The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends and
other days the Contractor is not working, the TCS will not be paid. Time spent maintaining signs on the
weekends, holidays, bad weather days, and other days the Contractor does not work shall be included
in the unit prices for the equipment. Tune spent setting up equipment, modifying equipment, and
maintaining equipment shall be included in the unit prices for the equipment.
All traffic control devices shall be placed under the supennsion of a Traffic Control Supervisor.
h
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, pemammng to traffic controls for street and highway
construction, available at all times.
Subsection 614.23 shall be revised as follows:
Quantities to be measured for construction traffic control devices shall be the number of units of the various
sizes and descriptions listed below.
Construction Traffic Signs Size A Signs - 0 0110 9.00 Square Feet
Size B Signs - 9 01 to 16 00 Square Feet
"NO PARKING" Sign with Stand will be measured and pxaid for separately and not included in the item for
Size A Signs. "NO PARKING" Sign with Stand shall consist of a metal sign attached to a device (stand) such
' as a Vertical Panel or Type I Barricade The sign material ,and stand shall be approved by the Engineer The
sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit
Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include
delivery, rental, setup, modification, maintenance, and pickup
"NO PARKING" signs must remain in place until the strut is open to traffic. The "NO PARKING" signs
shall be in effect for one or two days only
Traffic channelizing devices consisting ofvertical panel, cones, or drum channelmzing devices will be measured
by the unit Barricade warning lights shall be measured and paid for separately if approved by the Engineer
Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit
The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work. The
quantity to be measured for Traffic Control Supervisor wLJ be the number of authorized days performed by
the Traffic Control Supervisor or his approved representan ve. An authorized day shall be any day, or portion
of a day, authorized by the Engineer, that constriction operation would require a Traffic Control Supervisor
"On Call" and project inspections on all other days will not be measured and paid for separately but shall be
included in the work.
Project Specifications • Page 37 of 41
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
The cost for setting up equipment, modifying equipment, and maintaining equipment (not including "NO
PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic
Control Supervisor per day.
If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit
Price for "Traffic Control Supervisor" at the per hour rate.
The quantity to be measured for flagging will be the total number of hours that flagging is actually used as
authorized Hours of flagging in excess of those authorized shall be at the Contractor's expense Faagger
breaks shall be included in the Contract Unit Price for Flagging The method for covering flagger breaks shall
be approved by the Engineer
Flagging outside of the construction work hours will not be paid for under the terms of this contract unless
authorized in writing by the Engineer
Flagger stand-by time will not be paid for under the terms of this contract
In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the
traffic control shall not be paid for under the terms of this contract The costs for advance warning "NO
PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those instances
when said signs have been changed or otherwise updated to reflect current schedules, will not be paid for under
the terms of this contract unless authorized by the Engineer in writing In addition, the Owner shall deduct
from compensation due the Contractor $10.00 for each traffic control device per day for said conditions,
including "NO PARKING" signs and any signs which are not removed from the site immediately upon
completion of the work
Subsection 614.24 shall be revised as follows
The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery,
rental, and pickup The cost for setting up equipment, modifying equipment, and maintaining equipment will
be paid for under the Contract Unit Price for TCS as described above.
The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification, maintenance,
and pickup.
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing
of construction traffic control devices necessary to complete the work All construction traffic control devices
which are not permanently incorporated into the project will remain the property of the Contractor
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below -
Pay Item Unit
614 01 "NO PARKING" Sign with Stand Per Day Per Each
614 02 Vertical Panel Without Light Per Day Per Each
Project Specifications - Page 38 of 41
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
614.03
Type I Barricade Withoul Light
Per Day Per Each
614.04
Type II Barricade Without Lil;ht
Per Day Per Each
614.05
Type III Barricade Without Light
Per Day Per Each
614.06
Size A Sign With Stand
Per Day Per Each
61407
Size B Sign With Stand
Per Day Per Each
61408
Size A Specialty Sign - Cost of
Manufacturing
Each
61409
Size B Specialty Sign - Cost of
Manufacturing
Each
614.10
Cone With Reflective Stnp
Per Day Per Each
614.11
Safety Fence
Per Day Per Roll
614.12
Light - Steady Bum
Per Day Per Each
614.13
Light - Flashing
Per Day Per Each
614.14
Advance Warning Flashing or
Sequencing Arrow Panel
Per Unit Per Day
614.15
Traffic Control Supervisor
Per Day
614.16 Traffic Control Supervisor Per Hour
614 17 Flagging Per Each Per Hour
The initial manufacturing will be paid for Specialty Signs per unit and the actual use paid for under the
appropriate unit cost for Size A or Size B sign. This item shall apply to new signs only. Once manufactured,
they may be used throughout the project Upon completion of the work, the Specialty Signs shall be returned
to the Contractor.
Flagger hand signs 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 will not be paid for separately
but will be considered subsidiary to the item
Project Specifications - Page 39 of 41
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
Sand bags 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, payment will be made for the typical panel size
The City shall not be responsible for any losses or damage due to theft or vandalism
Project Specifications - Page 40 of 41
m
F!
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
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 OF THE ENGINEER 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
SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS
NOTE FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON
THE TRAFFIC CONTROL PLANS.
Project Specifications - Page 41 of 41
C
0
0
0
0
I
0
A
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 Conti act Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2 9, any related Work performed
pnor to ENGINEER's review and approval of the
pertinent submittal will be at the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
6.29 CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed
or postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or
as OWNER and CONTRACTOR may otherwise agree in
writing
6.30. CONTRACTOR's General Warranty and
Guarantee.-
6 30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by
6.301.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6 30.1 2. normal wear and tear under normal
usage.
6 30 2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute None of the following
will constitute an acceptance of Work that is not in
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;
6302.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6302.4. use or occupancy of the Work or any
part thereof by OWNER;
6302.5. 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;
630.2.7. any inspection, test or approval by
others; or
63028. any correction of defective Work by
OWNER
Indemnification:
631 To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants
and the officers, directors, employees, agents and other
consultants of each and any of them from and against all
claims, costs, losses and damages (including, but not
limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
632. In any and all claims against OWNER or
Ell-IGINEER 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
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.
633 The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICAMNS (REV 9/94) 17
No Text
I
SECTION 02500
QUANTITY ESTIMATE
91,
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SECTION 02500
QUANTITY ESTIMATE
AREA
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Lemay Ave
Riverside Ave
13
11
0
0
0
0
2,178
0
0
000
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Pitkin Street
McHugh St
0
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0
0
0
227
0
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�46,Streei
Riverside Al�e
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Stuart St
Niagara Dr
9
11
117
0
711
0
0
1,889
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Indian Summer Court
Welch St
West End
0
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0
0
183
0
0
41
1,349
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*Sfiey Hill Drive,",
St&W Hill
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Stoney, Hill Dr
North End
1
0
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0
0
128
0
0
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924
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Welch St
Stoney Hill Dr
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366
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18777
0
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Welch St
East End
0
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Bridge
Breakwater Dr
0
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340
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1,104
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Shore Pine Court
Breakwater Dr
West End
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Birmingham Dr
South End
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Birmingham Dr
West End
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....... .. .
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Derby Court
Newcastle Court
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Swallow Place
Swallow Road
South End
0
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0
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233
0
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... ....
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Juniper Lane
Prospect"Ln,
Whitcomb St
1
0
41526
0
,
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0
966
0
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Balsam Lane
Prospect Ln
Whitcomb St
0
0
0
3,167
0
502
0
752
0
4,22222
9
oad.
pwidt P
Shieldi Si"
%46" SI
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10
City Park Avenue
Bennett' Rd
Elizabeth St
4
4
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850
0
0
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0 00
id
Be�IR6Idi
......
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1 16
1 Springfield Drive I
Shields St
'
Ci Park Ave
1
0
0
0
0
644
0
0
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000
Page 1 of 2
SECTION 02500
QUANTITY ESTIMATE
V
'PateWAk'
IMphs
F IIi
illukoni
Lk
k�
it
""&9
1
11"
adk%'
1 .... ..
134
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TO
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IN 9
ii
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. ...... 1
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d
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1
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+
1115,
1 1
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10
University Avenue
University
Sluelds St
City Park Ave
10
3
0
0
0
623
0
0
0
000
'Po
J�Aciymd Drive''
C, 4-park'A"', W-
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kIll",
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10
Del Mar Street
Springfield Dr,
Westward Dr.
1
0
0
0
0
261
0
0
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000
1,
son
HoimaitoiaidiRd.
1�y Rd. :, - I
2;�62,
ol,
11
Creger Drive
Mason Street
College Ave
5
2
0
0
0
264
0
0
0
000
11
ColbbardDriw',,,,
fvfiis& Sir6et I
College Ave, ,'I
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0-
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11 "
Boardwalk Drive
Mason
on Street
II
College Ave
4
5
26
0
0
366
,:,
0yW�
0
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0 00
j (,.
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. I. ....
.... . 11,
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... .... . .
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13
Peterson Street
Laurel St.
9
4
0
0
0
920
.
0
0
0
000
14,'
�494��ine Street,,,
=t
0,
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0,00
14
Muddler Court
Conifer St
South End
0
1
0
0
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0
0
0
000
14
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6 fi I
St
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0
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Conifer St
South End
0
1
0
0
0
117
0
0
0
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. 'mine . .
Viric Drive
Cbllege Ave.
Lifide"a''St I
'I
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1114243-1
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011
0
TOTALS
158
158
1 863
1 20,190
5700
16653
9 124
19190,
Page 2 of 2
r
SECTION 03000
DETAILS
INDEX
0
Prospect Lane Area - Typical Cross Section
aStrut
LN
Marlangs
Details for General Patching
Patching Detail for Concrete Replacement
,4sphalt Paving Detail at Crosspans
If
I
I
L'
0
I
u
Q
I
III Will; r
2 5'
Existing Walk to be Removed
By Concrete Contractor
Existing Asphalt to be
Removed by Ovei lay Conn actor
0-1" f-lrind ronhnrlin�
Proposed 4 5' Sidewalk
�Pi opc sed Verlical Curb and Gutter n
In �,
1r" I
o tD --
4-5" Existing Asphalt and Ba e to be
Removed by City Force
Prospect Lane Area
Typical Cross Section
City of Fort Collins CITY OF FORT COLLINS, COLORADO
ENGINEERING DEPARTMENT
15"
Recondition Area
STANDARD NUMBER
DETAIIS FOR =7EPAL P MMNG
MEP OVERLAY
EXISTING PAVEMENT (WRIABLE THICKNESS)
PMBB
HBP OVERLAY
EXISTING PAVEMEWT (VARIABLE TMCKNESS)
PMBB —,
r i
s(lBGRAOE
r.��n•; ti is a1 _y11_ ��;�: i1 1- r:r
CURB, GUTTER
& WALK
FU LL
DEPTH
ASPHALT v
CL a_
__ CROSSPAN
FULL DEPTH ASPHALT
1:1 SLOPE \1:1 SLOPE DESIGNED"
ASPHALT
THICKNESS
/DESIGNED -
ASPHALT
THICKNESS
ASPHALT PAVING DETAIL
AT CROSSPANS
PAGE 1 OF 1
SECTION 03500
PROJECT MAPS
Q
STREETS IN ORDER OF PRIORITY
1
East Pitkin Street Area
2
Welch Street Area
3
Breakwater Area
4
5
Birmingham Area
Swallow Bend Area
6
Prospect Lane Area
7
City Park Area
8
South Mason Area
{�
9
Peterson Ai ea
10
Conifer Area
a11
East Vine Dnve
CITY PARKS
t
O
1
Lee Martinez
2
City Park
C'OLORADO STATE UNIVERSITY
Q
1
2
Co-op Parking Lot
South College Gym
3
Animal Sciences
4
Clark Building
5
Westfall Towers
6
Ingersoll/Edwards
7
Spruce Lot
8
Chnstensian Field House
9
Aylesworth Hall
10
Meridian Avenue
11
12
Moby Gym
East Drive
13
Vet Teaching Hospital
I
I
I
L
professional negligence, errors or omissions of any of
them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract
Documents, will survive final payment, completion and
acceptance of the Work and termination or completion of
the Agreement
ARTICLE 7—OTHER WORK
Related Work at Site.
7.1 OWNER may perform other work related to the
Project at the site by 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
,nor to starting any such other work and
CONTRACTOR may make a claim therefor as
1;.,vided 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.
72. 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 provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
73 If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects or deficiencies in such other
work that render it unavailable or unsuitable for the
proper execution and results of CONTRACTOR's Work.
CONTRACTOR's failure so to report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
or nonapparent defects and deficiencies in such other
work.
Coordination:
7.4 If OWNER contracts with others for the
performance of other work on the Project at the site, the
following will be set forth in Supplementary Conditions:
7.41 the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7 4 2 the specific matters to be covered by such
authority and responsibility will be itemized, and
7.43 the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination
ARTICLE 8--OWNERS RESPONSIBILITIES
8.1 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
82 In case of termination of -the employment of
ENGINEER, OWNER shall appoint an engineer against
whose status under the Contract Documents shall be that
of the former ENGINEER.
8.3 OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. 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 structures
at or contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
18
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
a
a
0
0
a
0
Q
Peterson Area
E. Mulberry St
E. M
le St
Fri
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c
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w
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Ct
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Balsam Ln
rn
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= Junioerla
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age
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9ia �L
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COLORADO STATE UNIVERSITY
QUANTITY ESTIMATE
Description
Milling 0-3"
SY
Patching
Ton
Fabric
SY
2" ParkingI.ot
Overlay
Ton
T' Street
Overlay
Ton
Co -Op Parking Lot
130
3046
1205
215
South College Gym - Center Lot
31493
105
Animal Sciences - Parking Lot
992
19764
12330
1265
Clark Building - Parking Lot
860
15682
8855
910
Weskfall Towers - Drive Lane
410
6610
2295
240
Ingersoll/Edwards - B Zone Lot
375
5022
1890
200
Ingersoll Hall - Parking Lot
1942
5281
7240
745
Spruce - Parking Lot
807
4990
3150
325
Christensian Field House - Parking Lot
207
117 29
5735
590
Aylesworth Hall Circle and Drive
760
165 24
3765
400
Meridian Avenue
642978
642978
69442
Moby - Parking Lot
539722
539722
58290
East Drive
174000
174000
1$7 92
Vet Teaching Hospital - Drive
180144
180144
19456
Vet Teaching Hospital - Arena Parking Lot
133089
133089
143.74
Vet Teaching Hospital - Parking Lot
17778
17778
1920
TOTAL
23360
1201
63342
4995
1823
2" Parking Lot
2" Street
Summary
Milling 0-3"
Patching
Fabric
Overlay
Overlay
SY
Ton
SY
Ton
Ton
Parkiagl.otTotal
6483
1201
46465
4995
Street Total
16877
16877
1823
23360
1201
63342
4995
1823
a
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Q CONTROL FABRIC OVER ASPHALT
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Lm7-T7 ENDS OF PAVING TO MAKE NEW
c/ OVERLAY FLUSH,
L
NEW PAVING AREA:
APPROXIMATE DIMENSIONS
DRIVEWAY - 523' x 31',
PARKING AREA - 20' x 165',
ARENA AREA- 113' x 106'
J NOTE:
GAS LINE LOCATED UNDER EXISTING
DRAKE ROAD ASPPALT.
® VETERINARY TEACHING HOSPITAL
N NOT TO `KALE
Laurel Street
°1 i 55 58 60
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❑0
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till NEW PAVING: 11 o
Z" ASPHALT WEARING SURFACE °
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MOISTURE CONTROL FABRIC 66 °
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COURSE. PATCH HOLES IN
EXISTING PAVEMENT. GRIND ,
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GUTTERS AND ENDS OF PAVING L C
TO MAKE NEW OVERLAY FLUSH. 67
-----���J NEW PAVING AREA: a
APPROXIMATELY 580' x 27' D
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MERIDIAN AVENU\
NEW PAVING:
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rz
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PERIMETER GUTTERS AND ENDS OF
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a' PAVING TO MAKE NEW OVERLAY
Li
FLUSH.
NEW PAVING AREA: \
�t APPROXIMATELY 1564' x 37'
MERIDIAN
AVENUE
South llrive
T�. i.•
El
.411 �W 4 W: ML 20
•�I
Pitkin Street
University Ave.
= o
o
South Drive
I�I Vv
MC H ML 21
Pitkin Street
22 1