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HomeMy WebLinkAbout109445 CONNELL RESOURCES INC - CONTRACT - BID - 5482 ASPHALT OVERLAY PROJECT 2000 (31)FeEpaiFe _ •: :• :ec -•: -- -::: - •.._ - :: : : - ..Te_T•I�._-_-c�_-��.:� - - ray. . . .. �. - 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 ;dP1qt1AA4 in The G. 1a a A......... T14S Fisk e4 1999 W;thifl -suv r `t r a t^a.. ^..t,t^ ..• will be a�- - .. r • _. . • _ _ _ 10 MI NIMUM _ . _ . NP .y.mo- ......... 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. 9 IQ 01;4E silbiht of undissIAc� 1 Asbesi Mazardeus Waste—e Radio ietive T R I e d 1 a at 11 -site._+& ai3$igcivmq—i.c+o— been .made satlsf5 !\I!s eb4g&t . ..et�e resgera3i§rkt3 3 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' 41 ou a L ,, N 'tl MOBY NNE �II 1 4 moo mina I 0 29 J Laurel Street O O O e0� o" c 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 0 u 0 C] 0 I f�] 0 n 0 Me 0 0 0 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) [il 0 0 0 0 W 172 N HO 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, i� 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 C 0 I L� 0 r, C 0 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 _ r __ _J �xrr�svnzr—mc�mvr .sting e f s nh fail:ire staA Werk, er efsqu Wit -failwFe . to-eriy ether- fight , a.. ,t,eGtheF paFtymay AIRAt to ebtaar pfl#3eiipefise he was �c requi ordeshall ae issued ie adjust 4 C;Antmpt Prig aeeeFElifigij 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) 1, w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) I1 I 14.5.1. the Work has progressed to the point indicated, Nall 0 CJ I 0 0 0 0 n I 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. EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) w/ CrrY OF FORT COLLINS MODIFICATIONS (REV 9/94) u u I f1, 0 [l 0 A 0 0 A 0 �l a I a 0 0 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: 0 u 0 L�1 0 !LEI 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 EICDC GENERAL CONDITIONS 1910-9 (1990 Edition) aw/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 33 s u (This page left blank intentionally ) EICDC GENERAL, CONDITIONS 1910.8 (1990 Edition) 34 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) I fJ l.J 0 0 0 u R R 911 0 N n 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 l 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) I u 0 SECTION 00800 SUPPLEMENTARY CONDITIONS A 9 In a C a I I 0 a I 0 0 I �i 9 1 M A ��� L I I u I N 111 I 9 N 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 CJ 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) I I I 9 H I I M N Hi LY I L] t H I 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 aI N I uInsert pages 1 - 4 R-I 6 L' LJ C] A I 11 I 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. 1 7 Ot191vn] Cmind Ae 1- 3 Nm CLsnae by CLw,e Urdu: Qarwt Caatac) Am 4n $0 110 Tm.i Cempklcd "I Slmcd Ia Oale• Less h"im. Appik*11. Amaral Dee This ApplicWm - Refam Rcixianc. jfl W Isu Rtl.ln.{e, lid C w&o by ctwye Urdu p0.00 hM0l1yT1 OUR TItL9 MPLICA110N1 $0 00 CRRTII'ICATRNI: The .dr jv.ed COIfI RACIOR m11Rcs Ibm .0 oblllettaar dCONTRACTOR 6cmatd 6 eeoaetllal with !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. 1101, By: r y,,,A d 1ho .bore Anwlml thm 3bls Appficmka hu bem mkwcd by the OW NRR'8 Pr 4nt Memaer. Dato _--__. 11Y. P.ywool of dw above Amami Ihw this Appi"lim is appm ed by the OWNER. i + CONTRACT] AMOORIB IJ IInU wa lumLq DuarlpUuo Quantity Uuib I'dca Amoual Work Compicled 7Lh MooW Qty. Amuunl APPLICATION 1-011 PAYMhNT Work Cnmpla d Work Cnmplctnl i'miaw t'cdalc 7o Dal< Q1y Arnarml Qty, ArnoWl Slur..l Mer.deb Nw 1'urud PAOL 2 OI 4 Inel l�mul la D.I. fount 111IIN1 Joao SO,W $000 $0 00 $1100 I lilt f000 S000 SOW $nW ill lm IIIII So W sono $OW $I10o $o W 11111 $01111 $OW SOW $000 $H ull Ill[( $0 W $0 W $0 W SO W 10 WI IIUt $000 $OW So W $O UO $OW 1 lilt SOW $0 00 $000 $0 W 111 011 I lilt $0 W So W fo Oil so W f11110 I lilt $o W $0 W SOW fu W $U W 1 lilt Solo $000 $000 fU W $000 Hill $000 $0 W $OW $0 W $11 OO I lilt SO W SOW so W f0 W $(I ll0 1 lilt 30W Joao S000 f0410 1111NI Illlt $000 $000 So W $u W in go I Rll f0 00 SOW SO W UI W $0 W I lilt low SOW Jo W in W SO W 1 lilt $OW f0 00 $0 Ito $000 St) 011 too $000 10 lm f0 W $000 $0 W Iint $0100 10 W $0 00 $O W soon I till so 00 $000 to W $0 W $0 W IRO $OW $000 $000 f0110 $0 Im 1 Itll $u W Joao f0 w SO not SO W I tit[ $o W $000 fO lm fn 00 10 IM1 I Ills $000 fuW SO lm 1000 so Im I It It r foW $000 f000 foW JoW Iue - $O W fuW $000 fo 00 1t10o [III, $0 W $OW f0110 $O u0 fU W [lilt fo W $u W $0 W Jo W fo W 10R $000 $000 $0 W $000 10 QU I lilt $0 W $0 W So oo $000 fU W I lilt S0 W $0 W fo_W $000 f000 1 go So W $OW $000 $0 W $0 W I Ill: f0 W $u W $0 W f0 W $000 1 lilt SUW fuW $000 $O OO fuW 11111 -rol.ALS t$000 APPLICATION FOR PAYMENT PAVE l OI' 4 C11At1UR ollUEliS V:aa C�^^l•••a w...� IAA w.& rm..l.to- • 4mml 7)il. M.nW 1'r.vl.n PaMd. 7. U.l. M.Ld.b 7.t.1 ae• U.It Illb E.med Pe"me for Sundt Plke Amount Qly. Amnunl Qty. Awaml Qly. A..wa P''i d T.O.I. I1,1W u6ce tk1C!�11.0 QOsotily $000 so 00 j000 $000 1000 Iillt $000 $000 }Ooo $900 $o go Iltll 1000 ►o 00 so 00 $0 IIo logo 11111 10 10 so ou $0 oo SUM to W 1101 $000 1000 $000 $0 aU so 00 Idllt $0 oo $0 00 $0.00 $000 $0 uq 1 IUt so go $0.00 faun $000 $000 loo $0 ou $000 $000 $000 Soto MR ' 1000 $0 00 $000 So 00 So 0o IIM $000 to 00 $0.00 $0 ou to 00 1110 $0 00 $0 00 $0 00 SU oo $0 W 1 [tit $0.00 So 00 to go $u Uu 10 uo I Il0 ' $0 oa $000 $O 00 $0 00 so lal I Ills $000 $000 S000 $000 $000 toil so 00 So 00 3000 $0 00 So Du I IUt So o0 $0 go so OU to 00 $000 $u ou litlt [A-MIANall ORDM -------------- $o oa so o0 to to S0 00 Sli.aa $0 ou I'll it ourcr rA19 STORIRD MATEIIIAL SUMMARY PAOP_ 4 01' d Oi Ilani 0rcmvnl Imtallel 0" Ilmnl Irem Invo¢c 11rovim1, Ihu lira Ili• Numbee Numbs Dewiiptinu Application Petiud Penal Apph,atnm T00 AIS $0 00 1000 $11 00 $it IIts A I u I I fr-, Pi 0 P 1 I N6 w I u iI I I CI W I i J I jl I N I I e1Tj 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 0 0 L' IProject Specifications - Page 1 of 41 0 I 0 I 0 Pi 0 h A 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 1.11 C� �s t 0 0 [l 11 72 0 f� 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 n 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 Ili 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. 0 0 0 191 u Project Specifications - Page 5 of 41 0 v 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- 0 0 0 0 n �i 0 A Project Specifications - Page 7 of 41 0 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 I a REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised as follows 0 0 l' �J u I At 11 0 0 '.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 II I I 0 1� I$ 0 r� 0 0 nil 7R, 0 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 A a C ICI u 0 Fel 141 le Li 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 u C R AI C C u 0 i 7 1 5 b 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, A 0 Fili L 0 I 0 0 0 0 IN 0 0 0 No Text SECTION 02500 QUANTITY ESTIMATE AREA ...... 4 STREET,:i�r!:�,� J, I" 'i ,,, 1 1 ! ,�, I , , ...... . TO",,: I ,,, l, , IVS&V 1w, ik O'Konhok I :1 1 patcW ... I " 'r, I fig ... ; Rota 6C, l I I I I,, RBIP 1, 19 Sx "", MF ...... ... .. 1,1111P M r4k SG - "', 1 11 1 "lliI 11 1 1 1 ':,drfiid r vi,EA:, TON i Si'' TON., syii ...... I" i,,,TON,J,, I Pitkin Street Lemay Ave Riverside Ave 13 11 0 0 0 0 2,178 0 0 000 � , 1111:4 , ,, 11 Baker �trftr", .... . ........ I — Pitkili ill, I I ", , I M"g1v 9t , I,lb .... 1 I I 0 1 1 11 1�', 0 " -, - I ..... All...... p, " I " - 1, 11 . I Hays Street Pitkin Street McHugh St 0 0 0 0 0 227 0 0 0 0.00 Wn40mery, Sheet �46,Streei Riverside Al�e "'1 0: '45, 0"" :",3 0 2 Welch Street Stuart St Niagara Dr 9 11 117 0 711 0 0 1,889 000 Swi* S2Z 0: "'i . ....... .. ... 0100 2 Indian Summer Court Welch St West End 0 2 90 0 0 183 0 0 41 1,349 000 SI Hilitalft *Sfiey Hill Drive,", St&W Hill 'j j, -:A I � , , , , I 2 Sonoma Court Stoney, Hill Dr North End 1 0 0 0 0 128 0 0 0 000 iI couxt; - 1 0, 0 924 0'.9,0 2 Niagara Drive Welch St Stoney Hill Dr 2 0 366 '0 0 0 18777 0 0 1050 000 StolityHal t*ve ... i::" Unil A ... .. y, V0- . ........ . .... 2 Brumal Court Welch St East End 0 1 0 0 0 120 0 0 0 0.00 Court , I I I 40 1 "'� , ll", 1; I I , ""'D ; 0 I 0 I , 0 I 0, 3 Skysail lane Bridge Breakwater Dr 0 2 4 0 0 340 0 0 1,104 0.00 '3, Brt�kw l5rive"""i'll 84WI Ln 34—1 l b "0:,: 4' Shore Pine Court Breakwater Dr West End 3 3 313 0 0 599 I "I Z, 0 l ,� ,, 1 0 11 5,045 000 at oeiiombrok�," �J,I, 13':: 3,,2'�:: 4 Birmingham Court Birmingham Dr South End 0 0 0 0 0 129 0 0 0 000 0ockii ... . .. q Birr I Aingbajn,Dr.,,I`l ... I . ..... CheI L ,::�279, Q� %0, 4 , Cheshire Street St Birmingham Dr 0 4 0 0 0 425 0 0 0 000 '4�:,- DPVoWhireDrive':' I,, I 1£ =Rd, 1 , & 4D' '0 ";, "4 4 6: I .. I qb.� 1 4 Derby Court Birmingham Dr West End 0 3 0 0 0 442 0 0 0 000 I'll — 40MOOM Dr .. ....... .. . . . ... ...... . . .. .... ... ... ..... ..... .. .... 4 Lindsey Street Derby Court Newcastle Court 0 0 0 0 0 94 0 0 0 000 Stove,$f . .. . I...... 1 0`� I I ...Sws11q*Roa 11.. "42, 6 Swallow Place Swallow Road South End 0 0 26 0 0 233 0 0 1,963 000 Lan Joipeibi., ... .... I•"i I !V;:",:,, 2'A'61 8, Juniper Lane Prospect"Ln, Whitcomb St 1 0 41526 0 , 644 0 966 0 5,42222 I a sf'i6� 11 9 i �10 t- Pr•I . ..... 33P, 0,I 5w, I. 8 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 7 1 0,', 07: 10 City Park Avenue Bennett' Rd Elizabeth St 4 4 0 0 0 850 0 0 658 0 00 id Be�IR6Idi ...... y 0 : 001 1 16 1 Springfield Drive I Shields St ' Ci Park Ave 1 0 0 0 0 644 0 0 0 000 Page 1 of 2 SECTION 02500 QUANTITY ESTIMATE V 'PateWAk' IMphs F IIi illukoni Lk k� it ""&9 1 11" adk%' 1 .... .. 134 A9FA,,, I STREET' '�,-i,,-mom TO 1B*1 IN 9 ii I . ...... 1 11 S jrON'�Tr �"`,'TOX I SY'�� sji, !yTQN-1 TON '10 l� v6 Wei* Drive d Shi6lds'St, CAP` O� .... 3 1 0',', 1 652, " �;,F- I , + 1115, 1 1 1: " 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- Ilk kIll", 101, kII 10 Del Mar Street Springfield Dr, Westward Dr. 1 0 0 0 0 261 0 0 6' 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 2"� :11:'3�,:" 10 1' :19'6'� . I. '"""0 J':" 0- ........ 14''013,; 11 " Boardwalk Drive Mason on Street II College Ave 4 5 26 0 0 366 ,:, 0yW� 0 3 0 00 j (,. Trm �akway% . I. .... .... . 11, ... .. .. ... ... .... . . 1,083 r(l 13 Peterson Street Laurel St. 9 4 0 0 0 920 . 0 0 0 000 14,' �494��ine Street,,, =t 0, P 0,00 14 Muddler Court Conifer St South End 0 1 0 0 0 104 0 0 0 000 14 Matuka told, I 6 fi I St Souili""a, Efi, j,"'o 0 0 98, 01111 14 Renegade Court Conifer St South End 0 1 0 0 0 117 0 0 0 000 . 'mine . . Viric Drive Cbllege Ave. Lifide"a''St I 'I T l',,l 5.700 1114243-1 2.085, 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 > 0 co m W Z7 0 0 0 Z E. Laurel St E. Plum St. c;t South rn �o Dr 0 N Ca wa tt ow Rd. A � si o U C'f 0 0fla 3 3 iv Parkvlew fn U) co Oi Swallow Bend E Boltz Dr Monroe Ave Sydney Mar Dr ` O` Milli uaui i vl Dora Birmingham Area St ( Effingham \ St Y 0 7, Bedford Dr De onshlre m Clr > Cheshire�� T St �� F Derb Ct C o� o Newc stle T ,�. Lindsey y U) Ames �� 3 Ct Ct rn Bronson St - m w a r, C7 U Kent Ct m Ct Enfield Y St s Churchhdl Ct W HORSETOOTH RD W U Alpine St East Vine Drive Linden Center or 0 U Z ov c ae �% Sf ' 10* 0 01.O" a, f South Mason Area cj 3� Y Malden Wad a Ct. Den n1son Pie 0 > cc Q Dennison E) a Ave of U N blon Wary n ,3 ,Sail/sc . W bUry <= Ct �F 0a pl e ton Ct. Starling St. n Pkwy = Guillernont 2 m St Thrasher COo St. in cc ene Ye OT . QarkbU n��n9 lY ca Q OW Chukar o Ct. Ct. ID Towhee St. W m ca m 2 sfd�6, 3 LL t.Crejer IL � Lee Dr o` Ct a� v Bov o Ct Bockman Dr c Sp Colboard Dr G, Boardwalk Dr Dr Tro tit man Pavilion Ln. part;Wal Y O) u CU a Baystone Dr T T � m c ~fn o E 3 (� m(n O U 0 ; U) uJ Q m 6_ a z) 0 c: >n _J St L Q North Dr City Park ,Area c 0 3 +J in (%mes Ct Summer St 0 m w N Q c m c N �I J South D Blevms Ct Prospect Lane Area Balsam Ln rn tea`: Hobbit St = Junioerla jai` CO ti age Ne C`t OSS Birky PI age Q. park Sheely Dr 9ia �L 6a1 e (, f 19 er' be rg Dr ec�d9 a(:Xaclest N' e Spring IS Gt, Creek y Ln T) Wind Z m Trail d rn M 0 .y. t I •�yrute �tuau nun of Run Cou /t or qj Q FOYtai/ 30t Q � St m rn a3 U rr } Sitka St Conifer St j L� N Y � U 0 N Lupine Oc Yarrow Ctr o Spurge Conifer Area c o —E5 Ctr sG �S 3 �a 9C a� !r �� °° qz Q` Main S a5 Breakwater Area = c�U m '0 U orCI S ter Ct .trU m a Devar Nr w�h m 0 $yr n' re 'fo o� m a = 8 c Sandy Cove C� a m S V m 4 What es �aY f Ct a g xo 3 v m r Ln in E Harmony Rd Hax us 0 E Laurel St HyJ, East Pitkin Street V Fh 4*hoary o e9Ye $ " _ x a Yn SG o Doctors Ln w u Tn E a — E ¢ m w E Prtkin 0 Buckeye St > > L i fo p Gy °� 05 A O w m ® w N N N m w a �O a¢' N ELa ke a S[ m � E Pmspe Rd -J- Fa4 Ci Enn h a Rd CL m 3 v Welch Street Area s U 0 E Stuart St \ice Ln �nd�an It, Sf on ehe ge fO'�e1 Dr. - IV Ospre Kirkwood Dr U 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 'C�A a- f am t _4R OBTAINED ' / 9 %3 .f ONO F CHE LA POUDRE RIVER �TRAIL HE.;C �RKING BALLrIE RE TRAII, l BASKETBALL-;il MARc• -PLAYGROUNn Q SHE' Et�--* .;l '• THE 1 1 FY IPOUDRE TRAIL PARK NAME L EE Af.4 R T/NFL' ADDRESS 60o /Y. v NER;Ypoop TENNIS _STROOMu C RESOURCE -- BUILDING 4 JACKSON 2 o �� Fl BACK 0 1 r-t- I , l< LJ AVENUE Ll cl 0 muff CDM 557 fa ,10SfAL sm M r u NEW PAVI N G r NEW PAVING: 2" ASPHALT WEARING SURFACE a///////D OVER TACKCOAT & PETROMAT MOISTURE Q CONTROL FABRIC OVER ASPHALT o LEVELING COURSE. PATCH HOLES IN EXISTING PAVEMENT. GRIND DOWN (ZLLLI-ZII I -a LLLZ ASPHALT AT PERIMETER GUTTERS AND 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 5 ptctwr MRL i�aur o ° Mou WLL > ❑0 —'^ EAST DRIVE —' till NEW PAVING: 11 o Z" ASPHALT WEARING SURFACE ° OVER TACKCOAT & PETROMAT _ MOISTURE CONTROL FABRIC 66 ° OVER ASPHALT LEVELING COURSE. PATCH HOLES IN EXISTING PAVEMENT. GRIND , _DOWN ASPHALT AT PERIMETER GUTTERS AND ENDS OF PAVING L C TO MAKE NEW OVERLAY FLUSH. 67 -----���J NEW PAVING AREA: a APPROXIMATELY 580' x 27' D 44 EAST Q .,M DRIVE 6E e rive o ° " I t 84 l " 04M WILL 80 aWn:ralrra 79 JVA Z0 L 69 83NCR� gma La a+ C sumr°LrmM W N7 Erarnn � 76 D 0 University Ave 7T95 rmr°c sco 0010" LLi Svc WY.L 63 70) 75 co-m w 77 mart .vc cm 73 full Ham O SflmOlf ��TIOI 30 �C r ' IMF uuu� MERIDIAN AVENU\ NEW PAVING: ' 2" ASPHALT WEARING SURFACE OVER TACKCOAT & PETROMAT MOISTURE CONTROL FABRIC OVER rz ASPHALT LEVELING COURSE. PATCH >J HOLES IN EXISTING PAVEMENT, ¢` GRIND DOWN ASPHALT AT PERIMETER GUTTERS AND ENDS OF d. 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